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HomeMy WebLinkAboutCDP 2019-0023; Hernandez, Ramon de la Paz and Christine; 2020-0554349; Hold Harmless Agreement/ReleaseDOC# 2020-0554349 111111E11d IIIII 1111 111111 11111 Ell 11111 1111 1 11111 11111111111 Sep 21, 2020 11:24 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.: 204232-04-00 PROJECT ID: COP 2019-0023 PROJECT NAME: Hernandez Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 522-6A) 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) Ramon De La Paz Hernandez & Christine M. Hernandez, Trustees of The Hernandez Family Trust Dated November 17, 2006 , 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 Q \CEDILandDev‘PROJECTS \CDR \CDP2019 \CDP2019-0023 Hemandez Residence - Ghee & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE dec 01125/13 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. /// 2 ()ACED \LandDev \PROJECTS \CDP\CDP20191CDP2019-0023 Hernandez Residence - Chua\B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREidoc 01/25/13 IN WITNESS EREOF, he undersigned has executed this instrument this day of A ,202 OWNER(S) Ramon De La Paz Hernandez & Christine M. Hernandez, Trustees of The Hernandez Family Trust Dated November 17, 2006 By: Ramon De La Paz Hernandez, Trustee (print name and title) Date: '41/1/2"/2t-L„, BY: lati; 11 k (sign here) Christine M. Hernandez, Trustee (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: k(2121/4)-- 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.) 3 ()ACED \LandOev \PROJECTS \CDR \CDP2010 CDP2019-0023 Hernandez Residence - Chua & HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREidoc 01/25/13 i EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT D IN BLOCK 2 OF PALISADES HEIGHTS, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 11, 1924. APN: 204-232-04-00 1 of 1 Signat Signature of Notary Public CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 A-t before me, S7/-r Cr7f / 77-74'e Date Here Insert Name and Title of the Officer personally appeared p. t.-tcc-Nl- ± 4 2 2-- Name(s) of Signer(s) A-r ,57-:-; Al /17. 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. On 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. EPA SHETH l'!o=ory - Ulifornia Son ,H,o':coo Louniiy rommission 27!6.'3367._ Comm. F;;Dk es Coo 23. 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: 0 Corporate Officer — Title(s): O Partner— 0 Limited CI General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact El Trustee 0 Guardian or Conservator O Other: Signer is Representing: ©2019 National Notary Association