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Home My WebLink AboutCDP 2022-0031; Ling, Curtis C; 2024-0233617; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0233617 111111111111 lllll 111111111111111 ll111111111111111111111111111111111111 Aug 30, 2024 10:10 AM OFFICIAL RECORDS JORDN~ 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.: 206-180-11-00 --------------PROJECT ID: CDP 2022-0031 PROJECT NAME: Adams House HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 542-7A) 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) Curtis C. Ling, a single man, as to an undivided 78.44% percent interest and Jessica L. Grieves, an unmarried woman, as to an 21.56% percent interest, as Tenants in Common, 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 1 Q:ICED\Admin\B&AIPROJECTSICDP2022-0031; ROW2023-0307; GR2023-0024 -Adams House T.CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 - improvements caused by any geological failure referred to in this agreement to the satisfaction of the 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 Q:\CED\Admin\B&AIPROJECTSICDP2022-0031; ROW202~0307; GR202~0024 -Adams House_ T.CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 see Attached Certificate IN WITNESS WHEREOF, the undersigned has executed this instrument this _k_ day of fl.Ji] l( 9 f , 20 Jj APPROVED AS TO FORM: CINDIE MCMAHON City Attorn,ey Se ·or Assistant City Attorney City of Carlsbad CURTIS C. LING, a single man, as to an undivided 78.44% percent interest and JESSICA L. GRIEVES, an unmarried woman, as to an 21.56% percent interest, as Tenants in ::mmona) w6 Curtis C. Ling -Tenant in Common (print name and title) Date: By: (sign iTerej Jessica L. Grieves -Tenant in Common (print name and title) Date: (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 officer 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:\CED\Admin\B&AIPROJECTS\CDP2022-0031; ROW2023-0307; GR2023-D024 -Adams House_ T.CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the idcnttty of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Jee_ 17. 7} l P 0 (J On ,4\,,\_,!JY'. 5 +: & l D .rfefore me, [7" Date Here Insert Name and Title of the Officer personally appeared -~C __ u._.1?-_r --_1_(~5: ___ c_. _!_~_I_N~6~----------- who proved to me on the basis of satisfactory evidence to be t~~rso s those na~/are su~ed to the within instrum~-e!Jd acknowledged to~ \hat he/she~xecuted the same in~~ authorized capacit~nd that by llis/her/fui-efgnature(s) on the instrument the pers~)_,,0r the entity upon behalf of which the pers~acted, executed the Instrument. ia-... •• a en ·1 RH MILLER COMM. #2413540 n NOTARY PUBUC-cAUfORNIA ~ 3 • MN DEOO COUNTY .. I • My CommiNion Expire& I SEIITEMBER 18, 2026 I 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. OPTIONAL Completing this informah'on can deter alteration of the document or fraudulent reattachment of this /form to an fl1inte~ docu":,(tC . 0 !!ziC ~/J 1 Description of Attached Do~~~fnt ,--f f'l,e H '14 9)7 f4.)J!. 'f'n<#/C l,e . r -Jvre ~ITT~~~~~~'' I {/ Document Date:~-----··---------·-------------· ----Number of Pages:~----- Slgner(s) Other Than Named Above: _____ .......:=========-======-==~-~- Capaclty{les) Claimed by Slgner{s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: o Other: _____________ _ Signer Is Representing: 102019 National Notary Association 4 O:ICED\Admin\B&A\PROJECTSICDP2022-0031; ROW202'.>-0307; GR202'.>-0024 -Adams House_ T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 For APN/Parcel 1D(s): 206-180-11-00 EXHIBIT "A" Legal Description That portion of Lot 8 in Block "C" of Bellevista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929, lying Northwesterly of the following described line: Beginning at a point on the Southwesterly line of said Lot 8, being on the arc of a 225.00 foot radius curve, concave Northeasterly, distant along said Southwesterly line 4.84 feet Northwesterly from the most Southerly corner of said Lot 8; thence Northeasterly in a straight line to a point on the Northeasterly line of said Lot, distant thereon South 16°19'00" East, 90.56 feet from the most Northerly corner thereof. Excepting therefrom the Westerly 5 feet, as granted to the City of Carlsbad by Individual Grant Deed recorded August 28, 1978 as file no. 78-366214 of Official Records of said San Diego County.