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HomeMy WebLinkAboutCT 08-06-01; Alameda, George and Kathleen, Alameda Trust; 2015-0125206; Hold Harmless Agreement/ReleaseDOC# 2015-0125206 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD Mar 18, 2015 04:23 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAILTO: FEES: $2.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 207-130-73 ASSESSOR'S PARCEL NO. ^/ PROJECT ID ' PROJECT NAME RELATED PROJECT ID CT 08-06-01 Highland James Subdivision HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 483-6A) and improvement plans (DWG483-6A) for development to occur on property more particulariy described as (see attached. Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) George Kenneth Alameda and Kathleen Marie Alameda, Trustees of the Alameda Trust dated July 3, 1991, the owner(s) of said property promise to indemnify and to hold the City of Carisbad, 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. IWFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 473-6A).doc 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 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\\FILES01 V\Departments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 473-6A).doc IN WITNESS WHEREOF, the undersigned has executed this instrument this r^l day of 20 A- APPROVED AS TO FORM: OWNER(S) George Kenneth Alameda and Kathleen Marie Alameda, Trust^s of the Alameda Trust dated July 3, 1991 By: ' (sign here) George Kenneth Alameda, Trustee of the Alameda Trust dated July 3, 1991 (print name and title) Date: By: (sign here) Kathleen Marie Alameda, Trustee of the Alameda Trust dated July 3, 1991 Date: (print name and title) CELIA BREWER City Attorney By: Assistant City Attorney Attorney . RON KEMP \ (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\\FILES01V\Depai1ments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wickham\B 8, A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 473-6A).doc EXHIBITA Real property in the City of Carlsbad, County of San Dlego, State of California, described as follows: ALL THAT PORTION OF THE NORTHWESTERLY 256.67 FEET OF THAT PORTION OF TRACT TWO HUNDRED FORTY-SEVEN (247) OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF HIGHLAND DRIVE AS SHOWN ON SAID MAP NO. 1681, WITH THE NORTHWESTERLY LINE OF LOT "1", OF RANCHO AGUA HEDIONDA, AS SHOWN ON SAID MAP, THENCE NORTH 28'08'06" WEST (RECORD NORTH 28''39'WEST) A DISTANCE OF 262.01 FEETTO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTER LINE OF SAID HIGHLAND DRIVE NORTH 28°08'Q6" WEST 166.67 FEET TO THE NORTHWESTERLY LINE OF THE SAID NORTHWESTERLY 256.67 FEET; THENCE ALONG SAID NORTHWESTERLY LINE OF THE NORTHWESTERLY 256.67 FEET NORTH 6r5r54" EAST 298.08 FEET TO THE SOUTHWESTERLY LINE OF LOT A OF MAP 5054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. OCTOBER 17, 1962. SAID SOUTHWESTERLY LINE ALSO BEING THE SIDELINE OF JAMES DRIVE; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT A SOUTH 28''a8'16" EAST (RECORD SOUTH 28''38"30" EAST) 180.00 FEET, THENCE LEAVING SAID SOUTHWESTERLY LINE OF SAID LOT A SOUTH 61-51'54" WEST PARALLEL WITH THE NORTHWESTERLY LINE OF THE SAID NORTHWESTERLY 256.67 FEET 125.09 FEET; THENCE NORTH 28°08"06" WEST PARALLEL WITH THE CENTERLINE OF HIGHLAND DRIVE 13.33 FEET; THENCE SOUTH 61*51'Sr WEST PARALLEL WITH THE NORTHWESTERLY LINE OF THE SAID NORTHWESTERLY 256 67 FEET 173.00 FEETTO THE TRUE POINT OF BEGINNING. NOTE: SAID LEGAL DESCRIPTION ALSO SHOWN AS PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 12, 2007 AS FILE NO. 2007-0659955 OF OFFICIAL RECORDS. APN: 207-130-73-00 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 ) Countv of T^lfcGrO ) On i A> I ^a-om" before me. ACTeF&l-^ W ou5>£-FX ( MoTA^g^ ^^v^llC^ Date Here Insert Name and Title of the Officer personally aDoeateddfZ.o'^CrrGi \<GHt^G\)c\ KLP<V\ GrPA. Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the persQiii^whose nam^ i^/arej subscrll?sd to the within Instrument and acknowledgecH©>me that he/eheAh^executed the sameTr h»S/her/th»ir authorized capacity(ili5)and that by h(ls/hfer/tt!eir>bignature'^])on tliSlnstrument the person(sh or the entity upon behalf of which the personts^acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ATEFEH YOUSEFI Commitsion # 1942514 l«ol«ry PuMc - CaWornla SMOi«0OCfllMl4l WITNESS-qiy hand and official seal Signatu 'ary Public Place Notary Seal 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 Document Title or Type of Document: Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Tltle(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Tltl6(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: €)2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4\\FILES01 V\Departments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 473-6A),doc