The URL can be used to link to this page

Home My WebLink AboutCDP 15-45; Abdi Family Trust; 2017-0580295; Hold Harmless Agreement/Release{,\. j, RECORDING 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# 2017-0580295 11111111111111111111111111111111111111111111111 lllll 111111111111111111 Dec 13, 2017 12:12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSES~OR'S PARCEL NO.: _2_1_0-_0_6_1-_13_-_oo _____ _ ~ gt)_ PROJECT ID: _C_D_P_15_-4_5 ______ _ \~_.,/PROJECT NAME: Abdi Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 501-8A) 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) Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009, 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 1 \\FILES01V\Oepartments\CED\LandDevlPROJECTS\COPICDP 15\COP 15-45 Abdi Residence -Bobbett, Rick\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\DepartmentslCED\landDev\PROJECTS\CDPICDP 15\CDP 15-45 Abdi Residence -Bobbett, Rici<IB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this \~·\ \· day of __ , _'1_r.1_\_.'P_~ __ :1~"1\-;;,_r-~/;-__ , 20~. APPROVED AS TO FORM: CELIA BREWER City Attorney By~ 'RoNKEMP Assistant City Attorney City of Carlsbad OWNER(S) Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family TruJst u/aj.d October 29, 2009 I ~ ~, . By: ( --------rJ.,,- Date: By: Date: Behrooz L. Abdi, Trustee (print name and title) \\/1 f' /2) (sign here) Sharon L. Abdi, Trustee (print name and title) ; ;· -I 5 ·--I ·J (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.) 3 IIFILES01V\DepartmentslCED\LandDev\PROJECTSICDP\CDP 15\CDP 15-45 Abdi Residence -Bobbett. Rid<IB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only 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. ::~:'~·'~"&,_b ~ ~ '¥1: \ G_ 'Q ' On ~\ ~ \U)\~ before me~~ D Olili ~ G " ~ I\) -~' \ Here. l«_sert Name and Tit e of the Officer personally appeared. 1C)~\IC)()1._ L_._ __ ~\r)~\ _________ _ ~ _ \ (' ~ \_ Nam11_~ S~ner(s) ~ \J 2,\JQ\J\ --. ~o, / . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) \uare subscribed to the within instrument and ackno~d~d to me that ~~/they executed the sa~n ~/h~their authorized capacity(ies), and that by h1 their signature(s)'on fue instrument the person(s), or"l1:ie e~y upon behalf of which the person(s) acte . e uted the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I. --------------OPTIONAL _____________ _ Though this section is 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: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ D Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee O Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ @2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Oepartments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-45 Abdi Residence -Bobbett, Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHlRIT 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: PARCEL I: THAT PORTION or LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DlEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 4 OF TERRAMAR UNIT NO. l, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950; THENCE sourn 59°21'20" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID MAP THEREOF NO. 2696 TO A POINf ON THE MEAN HIGH TIDE OF 11IE PACIFIC OCEAN; THENCE NORTl-fWESTERL Y ALONG SAID MEAN HIGH TIDE LINE TO A POINT TIIAT BEARS SOUTH 56°21'10" WEST FROM THE MOST WESTERLY CORNER OF SAID LOT 4, OF SAID MAP THEREOF NO. 2696; IBENCE NORTH 59°21' I 011 EAST TO SAID WESTERL y CORNER; THENCE so urn 51 °51 '50" EAST 42.36 FEET TO THE POINT OF BEGINNING. PARCEL 2: 11-fAT PORTION OF LOT 3 AND ALL OF LOT 4 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 3 AND 4 OF SAID TERRAMAR UNIT NO. I, SOUTH 30°38'50" EAST 20.00 FEET; THENCE NORIB 00°53' EAST 17.65 FEET TO A POINT ON A 75 FOOT RADflJS CURVE CONCAVE NORTIIERLY, A RADIAL LINE TO SAID POINT BEARS sourn 06°25'45" EAST; TIIENCE WESTERL y ALONG SAID CURVE I 0.49 FEET THROUGH AN ANGLE OF 08°00'35" TO THE POINT OF BEGINNING. APN: 210-061-13-00