HomeMy WebLinkAboutCDP 01-47; Nayudu, Kris & Nancy; 2002-0701688; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 204-132-21-00
PROJECT NO. 8 NAME: CDP 01-47
Nayudu Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (Dwg. No. 401-2A) and
improvement plans (Dwg. No. 401-2) for development to occur on property described as
attached Exhibit "A" more particularly described as (APN No. 204-132-21-00), and other good
and valuable consideration, receipt of which is hereby acknowledged, l/(We) Kris and Nancy
Nayudu, 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, tills 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 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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
PROPERTY OWNERS r.
Kris Nayudu, Husband
(print name and title)
Date: 7/8/02
By: ccc%d
(sign here) / '
Nancy Nayudu, Wife
(print name and title)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
of execution by SUBDIVIDER must be attached)
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
State of California )
) County of San Diego )
O~&~L~ before me, &\it-i h&l.e,flistmq PAL
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
, personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the perso- whose na-
@ subscribed to the within instrument and acknowledged to me that
executed the same in -authorized capacita, and that by hh/hB@
signatura on the instrument the perso6 or entity upon behalf of which the perso@
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Signer(s) other than named above 0- PA h oc=bkt\ .
1 P
EXHIBIT “A
PARCEL 1:
THE SOUTHWESTERLY 60 FEET OF TRACT 219 OF THUM LANDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 9,1915.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWEST OF A LINE THAT IS
PARALLEL WITH AND DISTANT 100 FEET AT RIGHT ANGLES SOUTHEASTERLY FROM
THE NORTHWESTERLY LINE OF SAID TRACT 219.
PARCEL 2:
THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP
1681, FILED IN THE OFFICE OF SAID COUNTY RECORDER DECEMBER 9, 1915
DESCRIBED AS FOLLOWS:
THE NORTHEASTERLY 10.00 FEET OF LINCOLN STREET LYING SOUTHEASTERLY OF
THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THAT
RECORDER OF SAN DIEGO, JUNE 13,1997.
TOGETHER WITH THE NORTHWESTERLY 6.00 FEET OF WALNUT STREET LYING
SOUTHWESTERLY OF THE SOUTHEASTERLY PROLONGATION OF THE
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JUNE 13,1997.
EXCEPTING THEREFROM THAT PORTION OF SAID LINCOLN STREET AND WALNUT
AVENUE LYING SOUTHERLY OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 20.00 FEET, SAID CURVE IS TANGENT TO THE SOUTHEASTERLY LINE OF SAID 6.00
FEET WIDE STRIP OF WALNUT AVENUE AND THE SOUTHWESTERLY LINE OF SAID
10.00 WIDE STRIP, OF LINCOLN STREET.
LAND DESCRIBED PER DOC. 1997-0176449, FILED IN THE OFFICE OF THE COUNTY
NORTHEASTERLY LINE OF THAT LAND DESCRIBED PER DOC. 1997-0276449, FILED IN