HomeMy WebLinkAboutCT 02-28; Powers, Jeffrey; 2007-0603870; Hold Harmless Agreement/ReleaseDQCtt 2007-0603870
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
ti
SEP 13, 2007 3:13PM
OFFICIAL RECORDS
bAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH.. COUNTY RECORDER
FEES: 16.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
La Costa Condominiums
216-190-47-02
CT 02-28
(Jeffrey A Powers, Grant Deed)
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 422-4B) for development
to occur on property described in Exhibit "A", and other good and valuable consideration,
receipt of which is hereby acknowledged, l/(We) Jeffrey A. Powers, am unmarried man,
(according to a Grant Deed recorded January 23, 2003 as File No2003-0083305 of Official
Records), 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
H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE - Powers sign.doc Rev. 12/08/98
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.
IN WITNESS; WHEREOF, the undersigned has executed this instrument this
day of
PROPERTY OWNERS
Jeffrey A Powecs, an unmarried man
By:Jtfi
(sign here)
Jeffrey A Powers, an unmarried man
(print name and title)
»-» H
Date:
By:
(sign hpre)
(print nyame and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
2
H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and AgreementsMHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE - Powers sign.doc Rev. 12/08/98
State of California
County of San Diego
On
(Date)
personally appeared
before me,
(Name, Title df Officer)
(Name[s] of Signer[s])
_i D personally known to me -OR
(proved to me on the basis of satisfactory evidence) to be the person(^) 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^) on the instrument the person(s), or entity upon behalf of which the person(^)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
ROBERT E.ANDERSON
Commission # 1527400 „
Notary Public • California o
San Diego County
Expires Dec. 14, 2008 ^
(This area for
official notary seal)
Title or Type of Document ^>
Date of Document cfa oS-J*^
Signer(s) other than named above
'itd-tty,
rf
\*<*sr
No. of Pages V
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FAILURE - Powers sign.doc Rev. 12/08/98
EXHIBIT "A"
PARCEL 1:
AN UNDIVIDED ONE-HALF INTEREST IN AND TO PARCEL 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT
PAGE 6938 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF DIEGO COUNTY, FEBRUARY 24, 1978
EXCEPTING THEREFROM THE FOLLOWING:
(A) CONDOMINIUMS UNITS NOS. 1 AND 2 AS SHOWN UPON THE AMENDED
PARCEL 1 OF PARCEL MAP NO. 6938, CONDOMINIUM PLAN, RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON FEBRUARY 21, 1979 AS FILE NO. 79-076155 OF OFFICIAL
RECORDS.
PARCEL 2:
CONDOMINIUM UNIT NO 2 AS SHOWN UPON THE CONDOMINIUM PLAN
REFERRED TO ABOVE.
APN: 216-190-47-02