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Home My WebLink AboutCDP 15-52; Schmaltz, Joseph Martin and Anne Varni; 2016-0460012; Hold Harmless Agreement/ReleaseRECORDING 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# 2016-0460012 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:05AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ~OR'S PARCEL NO.: 214-023-04-00 (5 PROJECT 10: COP 15-52 PROJECTNAME: -S~c~h-m-a~1~~R~e-s~id~e-nc_e ______ __ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 495-3A) 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) Joseph Martin Schmaltz and Anne Varni Schmaltz, husband and wife as community property with right of survivorship, 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 IIFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-52 Schmaltz Residence-Chua\B&AIHOLD 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 I\FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-52 Schmaltz Residence-Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, __ dayof ~ )..~/o8 I APPROVED AS TO FORM: CELIA BREWER City Attorney By ~EMPClf: Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 2010. OWNER(S) Joseph Martin Schmaltz and Anne Varni Schmaltz, husband and wife as community property with right of su~vorship By: \\Y...--~ r (SiQilhere) Joseph Martin Schmaltz, husband as community property with right of survivorship (print name and title) Date: C£).d3/J /r r ' By } '(~here) Anne Varni Schmaltz, wife as community property with right of survivorship (print name and title) Date: <f };;;;;,/ L{L I I (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 15\CDP 15-52 Schmaltz Res1dence-Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGJ\1ENT State of California County of San Diego 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. -f-L-~~+--"--.Lt--'L.LLL.;~ before me, Michelle Violet Basil, NotCJ!Y Public, personally appeared .J, r "Z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within in- strument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) 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. WITNESS my hand and official seal. @ MICHELLE VIOLET BAS! J Commission # 20604t. ~2 Notary PubliC -Cal1forn, ~J San 01ego County \ ... · My Comm. Exp1res Mar 9, iu 6--~:P¥...---4i¥""'RISfl4J91:f7 \'III'"J1!1'!~:.~ ..,.,.._ (notary seal) ADDITIONAL OPTIONAL INFORMATION T Document Date ____ _ (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual ( s) 0 Corporate Officer (Title) Partner(s) Atto -m-Fact stee(s) Other ____________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exact~v as appears above in the notary section or a separate acknowledgment foml must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternali1'e acknowledgment verbiage as may be printed on such a document so long os the verbiage does not require the notary• to do something that is illegal for a notary in California (i.e. certifYing the authori=ed capacity of the signer). Please check the document carefully for proper notarial wording and auach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary_ public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it .. appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lle/she/tliey;-is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with tl1e office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ·!· Indicate title or type of attached document, number of pages and date. •!• lndicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of.CA, and is described as follows: Lot 4 in Block 22 of La Costa Downs Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 6, 1927. Except therefrom, all minerals rights as reserved in a Grant Deed recorded February 11, 1928 in Book 1416, Page 391, of Deeds. · APN: 214-023-04-00 !Exhibit A Created: 01 /27/2016 410-1502880-41 •' . .. NOTARY SEAL CERTIFICATION (Government Code 27361. 7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Commission Number: ~ uvo-1 C£~ Date Commission Expires: ~I Cf I ) ts County Where Bond is Filed: ____ S.,.l..l-c~U--'-_ _;h~\..~.-€:::;_,;,<~~0...__ ______ _ Manufacturer or Vendor Number: _____ ..L.:tJ::::.......:..\0~_/\:._\ ________ _ (Located on both sides of the notary seal border) Place of Executiont::ZO Y\ IDa [( oS:. (;A Date: Of 1 __ 8-__ .1_ -=-1 __;(p:..__ RecForm #R10.1 (Rev 3/15/16)