HomeMy WebLinkAboutCDP 06-13; City of Carlsbad; 2007-0479010; Hold Harmless Agreement/ReleaseFt
V
DOC# 2007-0479010
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008 15568
JUL17, 2007 4:59 PM
OFFICIAL RECORDS
SAN DIEGO COLIN TV RECORDER'S nFFirf
LiRELiURY J. SMITH, COUNTY RECORDER
FEES: 000
PAGES' 4
SPACI
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Campbell Residence
210-020-22
CDP06-13
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a building permit (CB 07-20) for development
to occur on property described as attached Exhibit "A" more particularly described as (APN No.
210-020-22), and other good and valuable consideration, receipt of which is hereby
acknowledged, l/(We) Richard D. Campbell, trustee of the Richard F. Campbell Trust dated
February 14, 1994, the owner 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
1
H:\Development Services\Projects\CDP FILES\CDP 06\CDP 06-13 Campbell Residence - RicMBonds and AgreemenhHOLU HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc Rev. 12/08/98
15569
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
day of ^%^/ 20£Z
PROPERTY OWNERS
Richard F. Campbell, trustee of the Richard F.
Campbell Trust dated'February/M, 1994
By: . f <
(sign here) /
Richard F. Campbell, Owner
Date:
(print name and title)
7 -
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
"Deputy City Attorney
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
H:\Development Services\Projects\CDP FILES\CDP 06NCDP 06-13 Campbell Residence - Rick\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc Rev. 12/08/98
15570'
State of California )
)
County of San Diego )
On
(Date)
personally appeared
before me, AsL
(N6me, Title of Officer)
/"/£"U
(Name[s] of Signer[s])
_, y personally known lu iiitr-OR^-
(proved to me on the basis of satisfactory evidence) to be the personjs>whose
is/afe subscribed to the within instrument and acknowledged to me that he/sbetthey
executed the same in his/hef/their authorized capacity(tee), and that by his/hefttheir
signaturs(e)-on the instrument the personfs), or entity upon behalf of which the person^®)—
acted, executed the instrument.
~~ 1
WITNESS my hand and official seal
OFFICIAL SEAL
ASH NICKLE
of Notary
SAN DIEGO COUNTY •
WCOMM.EXP.DEC.26,2008 I
(This area for
official notary seal)
Title or Type of Document \^Q{ J
Date of Document 3 /~7/ 0^7
Signer(s) other than named above
rr G\sw\\>t*i')
No. of Pages 3
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FAILURE.doc Rev. 12/08/98
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15571
EXHIBIT "A"
PROPERTY DESCRIPTION
THAT PORTION OF LOTS 19 AND 20, TIERRA DEL ORO, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 3052, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON FEBRUARY 4, 1954, AND DESCRIBED AS PARCEL B IN
CERTIFICATE OF COMPLIANCE RECORDED JUNE 20, 1978 AS INSTRUMENT NO.
78-255386 OF OFFICIAL RECORDS, AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF SAID LOT 19, THENCE SOUTH 66 DEGREES
54"!0" WEST 233.33 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 19,
THENCE NORTH 14 DEGREES 19' WEST, 51.77 FEET MORE OR LESS TO A POINT
ON THE WESTERLY LINE OF SAID LOT 19, FROM WHICH THE NORTHWEST
CORNER OF SAID LOT 20 BEARS NORTH 14 DEGREES 19° WEST 51.77 FEET,
THENCE PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 20, NORTH
66 DEGREES 54'10" WEST, 238.38 FEET, THENCE SOUTH 45 DEGREES 38°26'
EAST 26.86 FEET, MORE OR LESS TO A POINT ON A 40 FOOT, RADIUS CURVE,
CONCAVE SOUTHEASTERLY , THENCE SOUTHWESTERLY ALONG SAID CURVE
36.40 FEET OF THE POINT OF BEGINNING.
CDP 06-13/CB 07-20
CAMPBELL RESIDENCE