Loading...
HomeMy WebLinkAboutPD 2023-0008; The Collins Living Trust; 2024-0168918; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CllY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0168918 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Jul 03, 2024 11 :43 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-051-01-00 PROJECT ID: PD 2023-0008 j S~ PROJECT NAME: 3229 Highland Drive HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 541-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) John Collins and Jeannine Woo, Co- Trustees of The Collins Living Trust dated May 14, 2021, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the Q:ICED\Admin\B&A\PROJECTSIPD 2023-0008; ROW2024-0214; GR2023.Q012 • 3229 Highland Drive_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 QICED\Admin\B&AIPROJECTSIPD 2023-0008; ROW2024-0214; GR2023-0012 • 3229 Highland Drive_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 8-:/-day of APPROVED AS TO FORM: CINDIE MCMAHON City Attorney OWNER{S) JOHN COLLINS AND JEANNINE WOO, Co-Trustees of The ())\\\Y\Sliving Trust dated May 14, 2021 By: ~ {sign here) John Collins -Co-Trustee {print name and title) Date: By: Jeannine Woo -Co-Trustee {print name and title) Date: s/2-1/tot.A By:~ c..:.,....--ALL FROST :n~s=:::: City of Carlsbad (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one offic.er signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 Q:ICED\Admin\B&AIPROJECTSIPD 2023-0008; ROW2024-0214; GR2023-0012 -3229 Highland Drive_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valldity of that document State of California . } County of So..V\ \{)\ ~ On ~CVA l 1--( l--01-~ before me, tJ\ le}\f,u_,£ W (JO b El::::=~ ¥A~ HJPJU l, I Dare Here Insert Name and Title of the Officer personally appeared ______ j_cJ~W~ __ w __ \.,_L,~\ N~~~---------- \-j Name(s) of Signer(s) _ El\.t:J tJ l l'!t w lJ1) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les). and that by his/her/their slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. ._ .. · .~ ~;··MicH.iiitw·oo·oeiiwfrR·i ~ M.iU .,,. COMM # 2423144 7 : .: __.....""~ Los Angeles County ~ California Notary Publle:' ·~-... ·~ ~,:; Comm Exp Oct, 24, 2026 ( ·················-······-······-· Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: _________________________ _ DocumentDate: ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltte(s): ______ _ o Partner -o Limited o General o Partner -□ Limited □ General o Individual o Attorney In Fact o lndlvldual □ Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: o Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\Admin\B&A\PROJECTS\PD 2023-0008; ROW2024-0214: GR2023-0012 -3229 Highland Drive_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 205-051-01-00 THAT PORTION OF LOT 18 OF PATTRERSON'S ADDITION TO THE TOWN OF CARLSBAD IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 18; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 18, SOUTH 55° 27' WEST 184.74 FEET; THENCE AT RIGHT ANGLES SOUTH 34° 33' EAST 100.00 FEET; THENCE NORTH 55° 27' EAST 180.19 FEET TO THE WESTERLY LINE OF HIGHLAND STREET; THENCE ALONG SAID STREET NORTH LINE LINE 24° 32' WEST 25.64 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID STREET; THENCE CONTINUING ALONG SAID STREET LINE, NORTH 34° 29' WEST 74.75 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY IO FEET OF PINE A VENUE, ADJOINING SAID LAND ON THE NORTHWEST, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 559 OF THE CITY OF CARLSBAD, A COPY OF WHICH RECORDED JUNE 16, 1959 AS INSTRUMENT NO. 121316, OFFICIAL RECORDS.