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HomeMy WebLinkAboutCDP 13-30; Veronica De Anda; 2014-0436800; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CiTY OF CARLSBAD 1200 Carlsbad Viliage Dr Carisbad.CA. 92008 DOCtt 2014-043G800 llllllllllllllllllllllllllllllllllllllllllllilllllllllllllll OCT 08. 2014 12:03 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: OGO PAGES: 5 llllllillllllll SPACE ABOVE THIS UNE FOR RECORDER'S USE 155-140-41 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CDP 13-30 De Anda Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 482-7A) and improvement plans (n/a) 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, I, Veronica De Anda, an unmarried woman, 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 1 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-30 De Anda Residence - Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 482-7A).doc 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-30 De Anda Residence - Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 482-7A),doc IN WITNESS WHEREOF, the undersigned has executed this instrument this i day of Sd^ p\j.\y^Ahf^ 20_iy OWNER(S) v/^ron Itf A DjiAnt/'t, an uinn)e.rnfM (AJ6nrw.rt (sign here) Veronica De Anda, an unmarried woman Date: (print name and title) By: Date: APPROVED AS TO FORM: CELIA BREWER City Attorney ON KEMP Assistant City Attorney (sign here) (print name and title) (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.) Q;\CED\LandDev\PROJECTS\CDP\CDP 13VCDP 13-30 De Anda Residence - Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 482-7A),doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of A T^i^-^ ^ } On before me, U\\\o ^^ JL,t,r<V\PiV V^«=VArLi Date Here Insert Name and Title of the Dfnper personally appeared \)gTQni<:rA T)^^ ^Cy^c Name(s) of Signer<s) "7^% OFFICIAL SEAL d^iM^^M^h ^ '^•'^•O L, MCCORMAC i NOTAJW PUBLIC-CALIFORNIA W^?lS#7 COMM. NO. 2053109 X^^F/ SAN DIEGO COUNTY MYCOMM. EXP. OEC. 23,2017 17 I who proved to me on the basis of satisfactory evidence to be the person(s) whose name^) is/afe subscribed to the within instrument and acknowledged to me that >ie/she/ttiey executed the same in Ns/herAbeir authorized capacity(ie6), and that by bie/her/ttwir signature(8) on the instrument the person(»), or the entity upon behalf of which the person(8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature. OPTIONAL - signature of h lignatute of Notary Public Though the infomiation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: , Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUIVIBPRINT OF SIGNER Top of tfiumb fiere Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • Gdneral • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of ttiumb tiere ©2007NationalNotaryA8soclation»9350DeSotoAve.,P.O.Box2402>Ctiatswortti,CA 91313-2402 •www.NationalNotary.org ltem#5907 Reorder: Call Toll-Ftee 1-800-876-68?7 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-30 De Anda Residence - Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 482-7A).doc EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; Portion of Tract No. 3 of Laguna Mesa Tracts, in the City ofCarlsbad, County of San Diego, State of Califomia, according to Map Thereof No, 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921, more paniculariy described as foliows. Beginning at the Southeasterly comer of Parcel I described in Deed to Leo S. Karlj^ recorded August 7, 1991, as Document No. 91-0398331 ofOfficiai Records; thence along Ihe Southerly Line of said Parcel 1 and the Southerly Line of Parcel 2 of said Deed North 89'27'37" West, 230.29 feet to the Westeriy Line of Parcel 2 of said Deed; thence along said Westerly Line North 19*15'50" East, 79.19 feet; thoncc Somh 89*27'37" East. 204.88 feet to^the Ea.sterly Line of Parcel 1 of said deed; Uicnco along said Easterly Line South 0*32'42" West. 75.00 feet to the point of beginning. APN: 155-140-41-00