HomeMy WebLinkAboutCDP 2021-0025; Christopher Swan and Crista Swan; 2024-0269670; 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# 2024-0269670
111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111
Oct 07 , 2024 10:48 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S92 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-141-08-00
\. ½(g.._ PROJECT ID: _C_D_P_2_0-21--0-0..;_2;...5 _____ _
J PROJECT NAME: Swan Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 539-2A) 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), Christopher Swan and Crista Swan,
husband and wife as community property with right of survivorship, 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
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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.
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01125113
IN WITNESS WHEREOF, the undersigned has executed this instrument this \ 3 day of
~~e!<\~C • 2oa..'\
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Senio Assistant City Attorney
City of Carlsbad
OWNER(S)
CHRISTOPHER SWAN AND CRISTA SWAN, husband and
wife as community property with right of survivorship
By:
Date:
By:
Date:
(sign here)
Christopher Swan -Husband
(print name and title)
q/)3(~j
(sign here)
Crista Swan -Wife
(print name and title)
qJ 13 J~v
See Attached Notary ~ •
Acknowledgment Certificate
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE i 1189
A notary public or other officer completing this certificate verifies onl-f the identity 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 ~=!.....:t___!:~L=Jl--o _____ _
On M before me, C · -\--\-q rr-~ ~ , N1o.+dv'1 ?ub \ i LI
Dare Here Insert Name and Title of the Officer
personally appeared C'n('\ ~-\-i pn £.., Cw IA\/'\ 4'"' ~ C l"\S...\-1\ (w ~"'
Name{s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be~person(s) whose name(s)-16/ re crlbed
to the within Instrument and acknowledged to me that~ he executed the same ln4'°'""'~1fihelr
authorized capaclty(les), and that b~lgnature(s) on e Instrument the person(s), or entity
upon behalf of which the person(s) ·acted, ~ed the Instrument.
~············f
..
E.HARRIS
: Notary Public• Callfornl1 I I Sin Dleeo County -Commission /12481010 ~ u u O My ;orn;· !:9~ts J.e'!J9;,:028 t
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 offlclal seal.
Signature -~.f..,.,;<.-1,,..,.+----__ ~-------~ Public
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: ___ _
Stgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Clalmed by Slgner(s)
Signer's Name: ___________ _ Signer's Name:
□ corporate Officer -Tltle(s): _____ _ □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General □ Partner -o Limited □ General
o lndtvtdual □ Attorney In Fact o Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: _____________ _ D Other: --------------Signer ts Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 82 AND THE SOUTHWESTERLY 5 FEET OF LOT 89 OF GRANVILLE PARK NO. 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 2037, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JUNE 18, 1927.
APN: 203-141-08-00