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HomeMy WebLinkAboutCDP 16-06; Baptie, Ken and Sandy; 2017-0336256; 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# 2017-0336256 11111111111111111111111111111111 lllll lllll 1111111111111111111111111111 Jul 26, 2017 11 :10 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-033-09-00 ------------ "'""/ PROJECT ID: _C_D_P_1_6-_0_6 ______ _ ~ PROJECT NAME: Baptie Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 496-3A) 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) Ken Baptie and Sandy Baptie, Husband and Wife as Joint Tenants, 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 111FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP 16-06 Bapt,e Residence -Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 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 21\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 16\CDP 16-06 BaptIe Residence -Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc IN WITNESS WHEREOF, the undersigned ~ day of ........ M____;;_A-=-~----' 20R, has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By~Gif Assistant City Attorney City of Carlsbad OWNER(S) Ken Baptie and Sandy Baptie, Husband and Wife as Joint Tenants . By: ~here)~ Ken Baptie, Husband and Wife as Joint Tenants (print name and title) Sandy Baptie, Husband and Wife as Joint Tenants (print name and title) Date: (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 16\CDP 16-06 Bapt1e Residence -Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc State of Washington County of King I certify that I know or have satisfactory evidence that Kenneth A. Baptie and Sandra R. Baptie are the persons who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Date: May 8, 2017 pcm,<!,,( Notary Signature: ---//---------"'-------"'~=----i.L.......:"""'---t--------==-,,.""\b--"'----"c:--~ Notary Name: Patricia G. Fagan My Appointment Expires: July 19, 2020 PATRICIA G. FAGAN NOTARY PU8t.lC STATE Of WASHINGTON My Commission Expires July 18, 2020 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 57 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. APN: 210-033-09-00 !Exhibit A Created: 05/02/2016 CA0410-16006256-41