HomeMy WebLinkAboutDEV 2016-0049; Stephens, Kevin; 2017-0385433; Hold Harmless Agreement/ReleaseRECORDING 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
DOC# 2017-0385433
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Aug 23, 2017 04:22 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $27.00
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASS. ES,. OR'S PARCEL NO.: 223-120-03-00
, t.~-PROJECT ID: _D_EV_20_1_6_-0_0_4_9 _____ _
,?-/ PROJECT NAME: 7605 Romeria St. ,___.
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 500-5A) 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) Kevin Stephens, a
married man, as his sole and separate property, 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 darnage 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
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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.
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IN WITNESS WHEREOF,
/+h day of fuS&,.1~±
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
Assistant City Attorney
City of Carlsbad
the undersigned
,20U.
OWNER(S)
Kevin Stephens
has executed this instrument this
By: ~here) 1
Kevin Stephens, a married man, as his sole and
separate property
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
(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 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 D
County of Son w ~D
On OS-Ql-20 l 7 before me. ( QV-1 :kbb ( v) so 1) ,XJ o[,412 Y (Jv b/ t(_'
Date
personally appeared
kere Insert Name and Title of thefOfficer S pt1eos
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person48t whose name(it ~
subscribed to the within instrument and acknowledged to me that he/~ executed the same in
his/hetftt-rerir authorized capacity(~ and that by his/~ir signature(~n the instrument the person(*
or the entity upon behalf of which the person(8f'acted, executed the instrument.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNE~o~~·
Signatu~J)u~~
Signature of Notary Public
----------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to ar; unintended document.
Description of Attached Docp111E;nl 11 /' _ 1 __ , ~ JJ "'-
Title or Type of Document: ~Y]Jes[__ bt'~~cument Date: __ AJ (--2_ _
Number of Pages: _ '--/---Signer{s) Other Than Named Above: _ __ _ __
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
D Corporate Officer -Title(s): ____ _
D Partner -D Limited D General
D Individual
D Trustee
D Other: _____ _
[l Attorney in Fact
D Guardian or Conservator
Signer Is Representing: _________ _
Signer's Name:
D Corporate Officer -Title(s): _____ _
D Pa,iner -D Limited D General
D Individual
D Trustee
[J Other:
D Attorney in Fact
D Guardian m Conservator
Signer Is Representing: _______ _
((>2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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EXHIBIT 'A'
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 20 OF LA COSTA VALE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7457, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 18, 1972.
APN: 223-120-03-00