HomeMy WebLinkAboutCDP 2019-0009; Akin, Sadri and Marie Rose; 2020-0685819; Hold Harmless Agreement/ReleaseDOC# 2020-0685819
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Nov 04, 2020 10:00 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES 5
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 210-063-09-00
PROJECT ID: CDP2019-0009
PROJECT NAME: Akin Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 522-5A) 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) Sadri M. Akin &
Marie Rose M. Akin, Trustees of the Levan-Akin Revocable Living Trust dated December 15,
2014, 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
damage to public improvements caused by any geological failure referred to in this agreement
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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.
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By:
By:
(sign here)
IN WITNESS
day of
F, the undersigned has executed this instrument this
202()
OWNER(S)
Sadri M. Akin & Marie Rose M. Akin, Trustees of the
Levan-Akin Revocable Living Trust dated December
15, 2014
Sadri Akin, Trustee
(print name and title)
Date:
By: Lae2.--A-e. P-,914.7% ()AA-AA/
(sign here)
Marie Rose Akin, Trustee
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
RON KEMP
Assistant City Attorney
City of Carlsbad
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer com pleting thiscertificate 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 S C.VC-1, tAct tc>
I - c, 2 On before me, A-Y-1\n W1-0112-1 evt(;%-i
Here Insert Name and Title or-fhe Officer
Date
personally appeared 5-;c-tc19,‘ oncte‘e P-osc AKIn
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person& whose nam 4g./are subscribed
to the within Instrument and acknowledged to me that heishe/they executed the same in /their
authorized ca pack and that by nisPier/their sIgnature0 on the instrument the persor0, or the entity
upon behalf of whicflhe perso s cted, executed the instrument.
ANH IRAN
COMM. #2171433
NOTARY PUBUC - CALIFORNIA SACRAMENTO COUNTY My Commission Expires 12/09/2020
U.
Place Notary Seal and/or Stamp Above
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.
Signature
Sig of Nato Public
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:
O Corporate Officer — Title(s): 0 Corporate Officer — Title(s):
O Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
0 Other: 0 Other
Signer Is Representing: Signer Is Representing:
02019 National Notary Association
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EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 42 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 COUTNY RECORDER
OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950.
APN: 210-063-09-00