Loading...
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