HomeMy WebLinkAboutCT 92-07; Carlsbad Ranch Company LP; 1995-0245822; Hold Harmless Agreement/Releasec L: # 1995-0245822 12+JH-1995 02~24 Ptl
oFF1c1#. RECORDS 102 shfi DIE60 cWtR RECMKR’S OFFICE 6REwRy St!;; COUHTY~CORDER RF: a 16.00 #a nF: % . -
RECORDING REQUESTED BY AND WHEN RECORDED WAIL TO: i City Clerk CITY OF CARLSBAD ;$i
1200 Carlsbad Village Drive )'5 \
Carlsbad, California 92008 Space above this line for Recorder's use
Parcel No. 211-022-05. 06
HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan
Dwg No. 333-23 and improvement plans (Dwg. No. 33302D) for
development to occur on property described as see attached
Exhibit IlAW (APN 211-022-05, 06) and other good and valuable
consideration, receipt of which is hereby acknowledged, We
Carlsbad Ranch Company, L.P. the owners of said property promise
to indemnify and to hold the City of Carlsbad and any of its
agencies or employees harmless from liability for injuries to any
persons, or damage to or taking of any property including public
property, directly nor 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
Agreements/AG-17.FWI 1
cr42-1-3
REV. S/21/90
. .ro3
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 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 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 2w+ day of /y)drr/r , 19 qc .
Carlsbad Ranch Company, L.P., a California limited partnership
By: Carltas Company, a California limited partnership, General Partner
By: t, a California ral Partner
APPROVED AS TO FORM:
RONALD R. BALL
notarial acknowledgment of execution by the OWNERS must be attached).
Agreements/AC-17.FRM REV. s/21/90
.
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”
CALIFORNIA AU-PhPOSE aXKNOWLEDGMENT No. 5907
State of California
County of sa Diego
on May 24, 1995
DATE
before me, Karen A. Phelps, Notary Public I
NAME. TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared Christopher Cm caycins-------------------------------- , .
NAME(S) OF SIGNER(S)
?!I personally known to me - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
to be the personfs) whose name@) is/&V
subscribed to the within instrument and ac-
knowledged to me that he/MMttIe~/executed
the same in hislbp&h+,r authorized
capacity@B;9Y, and that by hislMa’r’M@‘ti
signature(@ on the instrument the person(b)/,
or the entity upon behalf of which the
person(g)l acted, executed the instrument.
OPTIONAL ’
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
ELI CORPORATE OFFICER
President
TITLE(S)
Hold Harmless A@. Gee. Failure
TITLE OR TYPE OF DOCUMENT
[7 PARTNER(S) q LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
[7 OTHER:
Two (2)
NUMBER OF PAGES
not dated at notariz&jon
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(H) Carltas Management Ball
SIGNER(S) OTHER THAN NAMED ABOVE
W993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7164
105 EXHIBIT “A”
LEGAL DESCRIPTION FOR CARLSBAD RANCH UNIT 3
CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3 BEING A SUBDI~SION OF A PORTION OF
LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUKTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SHOWN ON iXCORD OF SURVEY MAP
NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS.