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Home My WebLink AboutCDP 16-07; Ota Revocable Trust; 2017-0248358; 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# 2017-0248358 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Jun 02, 2017 09:47AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-091-04-00 ~~~~~------------PROJECT 10: CDP 16-07 ~~~~-------------PROJECT NAME: Ota Residence ~~--~-------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 501-5A) 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) Blair Gregory Ota and Paula Ann Ota, Trustees of The Blair Gregory Ota and Paula Ann Ota Revocable Trust, dated June 3, 1987, subject to Item No. 9, 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 1 1'7/ \IFILES01V\DepartmentsiCEOILandDev\PROJECTSICDPICDP 16\CDP 16-07 Ota Residence-Geldert, Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill /II Ill Ill /II Ill /II /II Ill Ill /II /II Ill Ill /II /II /II /II Ill /II /II /II 2 IIFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP 16-07 Ota Residence-Geldert, Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned /1. day of_...:.....;_~_:..!..,;4f1-----' 20_fl. has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Blair Gregory Ota and Paula Ann Ota, Trustees of The Blair Gregory Ota and Paula Ann Ota Revocable Trust ated June 3, 1987, subject to Item No.9 /() ~ By: ~ Blair Gregory Ota, Trustee (print name and title) Date: By: (sign here) Paula Ann Ota, Trustee (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 IIFILES01V\Departments\CED\LandDeviPROJECTSICDPICDP 16\CDP 16-07 Ota Residence-Geldert, Rick\Bonds and Agreements\HOLD 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. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument 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. DANIEL DALE SPONSELLER _ Notary Public · California ~ • -~ San Diego County i j Commission # 2164476 .. o o o o o o Ml ~0T'!· [•~'t' f'f b' }f2f~ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur -----------------------------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 Docurp~n.\ , . Title or Type of Document: #lld!(y,.,pJJ ~fCdJB,IJocument ~te: _,r;_l'l.-·1] Number of Pages: _:3__ Signer(s) Other Than Named Above: ="'---~ M-------~---- Ca acity(ies) Claimed by Signer(s) Sig ' ame: ------------- 0 Corporate 0 Partner- 0 Individual @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\landDev\PROJECTSICDPICDP 16\CDP 16-07 Ota Residence-Geldert, Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "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: THE SOUTHEASTERLY 1.00 FOOT OF LOT 3 AND ALL OF LOTS 4 AND 5 IN BLOCK "J'' OF PALISADES, TN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747 FILED IN THE OFFfCE OFTHECOUNTY RECORDER OF SAID COUNTY, FEBRUARY 5, 1923. EXCEPTING THEREFROM THE SOUT!lEASTERL Y 40.00 FEET OF THE SOUTHWESTERLY 80.28 FEET OF SAID LOTS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGlNN!NG AT TilE MOST EASTERLY CORNER OF THE SOUTHWESTERLY 80.28 FEET OF SAID LOT 5; THENCE NORTHEASTERLY ALONG THE SOUTLIEASTERL Y LINE OF SAID LOT 5 A DISTANCE OF 40 FEET, MORE OR LESS, TO THE MOST EASTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOTS 5 AND 4 A DISTANCE OF 95.26 FEET TO THE MOST NORTHERLY COMER OF SAID LOT 4; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 4 A DrSTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY PARALLEL WITH SAID NORTHEASTERLY LINE OF LOT 4 A DrSTANCE Of 22.00 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 80.28 FEET OF SAID LOTS 4 AND 5 WHICH IS DJSTANT THEREON 71.00 FEET NORTHWESTERLY FROM THE POINT OF BEGil\.TNING; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY Ll~E 71.00 FEET TO THE POINT Of BEGINNI"'G. APN: 206-091-04