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HomeMy WebLinkAboutCDP 2017-0018; Polzin Family Trust; 2017-0557608; 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# 2017-0557608 11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 Nov 30, 2017 02:46 PM 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.: 206-180-40-00 -----------~ ~ PROJECTID: _C_DP_2_0_1_7-_00_1_8 ___ _ PROJECT NAME: Polzin Residence ----------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 506-9A) 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/(We) Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of The Polzin Family Trust, dated March 3, 2015, 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 \IFILES01V\DepartmentslCED\LandDev\PROJECTSICDPICDP20171CDP2017-0018 Polzin Residence -Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 -35'/i:? 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 \\FILES01 V\DepartmentslCED\LandDevlPROJECTSICDPICDP2017\CDP2017-0018 Polzin Residence -Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 9rlf day of ///t1f/£A16& , 20fl. OWNER(S) Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of The Polzin Family Trust, dat d March 3, 2015, APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ RON KEMP Assistant City Attorney City of Carlsbad By: Joseph J. Polzin, Jr, Trustee (print name and title) Date: By: Deirdre E. Polzin, Trustee (print name and title) Date: /(--f--17 (Proper notarial acknowledgment of execution by owner(s) must be attached) ~I (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\CDP2017\CDP2017-0018 Polzin Residence -Chua\B&A\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. State of California ) County of 4 Ac-yJ J I U] ., ) On &; ~-J~ Ut1 before me, ~ ~.r ~ Date _,.,, Here Insert lvameancfmteotttie Officer personally appeared ___ J_~_" __ J~f-Q_a;\-4_,..J_d_,--_~/t-t" __ O_t'_1~P-~_e_,_fb_i--"%A_,-/ ___ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .i6/are subscribed to the within instrument and acknowledged to me that ~/sXe/they executed the same in hi5/h~r/their authorized capacity(ies), and that by hil57'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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Sea/ Above ----------------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 Documen Title or Type of Document: -t::t~l.!1~~~'..!.U~~:..ill~~~ 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): ______ _ D 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 D 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 EXHIBIT 'A' LEGAL DESCRIPTION THAT PORTION OF LOT 11 IN BLOCK "C" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 11, DISTANT THEREON SOUTH 67°39'00" EAST 80.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 11; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 67°39'00" WEST 80.00 FEET TO SAID MOST WESTERLY CORNER; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 11, NORTH 35°21 '00" EAST 200.13 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 11, SOUTH 38°39'00" EAST 97.61 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 41°11'31" WEST 156.04 FEET TO THE POINT OF BEGINNING. ALSO BEING DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 12, 2016 AS DOCUMENT NO. 2016-0475201 OFFICIAL RECORDS. APN: 206-180-40-00