The URL can be used to link to this page

Home My WebLink AboutDEV 2016-0070; Dempsey, John and Michelle; 2017-0350310; 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# 2017-0350310 11111111111111111111111111111111111111111111111 lllll 111111111111111111 Aug 02, 2017 03:29 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-491-36-00 ------------PROJECT ID: DEV2016-0070 PROJECT NAME: Dempsey Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 502-4A) 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), John E. Dempsey and Michele L. Dempsey, 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 1 Q:ICED\LandDev\PROJECTSIDEV\DEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q \CED\LandDev\PROJECTS\DEV\DEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 the undersigned has executed this instrument this ---'---#-,-!=-..!~---'200 APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~ap Assistant City Attorney City of Carlsbad OWNER(S) John E. Dempsey and Michele L. Dempsey, Trustees of The John E. Dempsey and Michele L. Dempsey Family Trust John E. Dempsey, Trustee (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.) 3 Q \CED\LandDev\PROJECTS\DEV\DEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 CaljfoJ:[li~-'h -~ Co~ of ,:;:::;t,\X,, J2 \~D~-----=- On, )u.,\,~ \ 4 1 a{) 11' before me, -Date O L... '"' / • personally appeared ~,L.__\_ \,f_ l __ t:'l _____ ~....'i,C'C_-"'4----------------- ? of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(IJ whose name(IJ is/- subscribed to the within instrument and acknowledged to me that he.fi3igel;U,e,' executed the same in his/~ authorized capacity(iQe), and that by his/~r signature(!) on the instrument the person(IJ. or the entity upon behalf of which the person(,-acted, executed the instrument. r· .. ·····::~::·:··················oARLK·i<ooiMAtt········1 ~ · · COMM. #2141510 -4 ~ NOTARY PUBLIC • CALIFORNIA Sii r-_:. . SAN DIEGO COUNTY "' Commission Expires MAR 2, 2020 ~ ·-·.·.·-·-·-~ ·.•. ·.·.·-·.•.·,•,•,•.~.-.·.·.·ff·.·-················--···························· 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. WITNESS my hand and official seal. SignatureJUJ;w~ 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 an unintended document. Description of Attached Document Title or Type of Document: ______________ Document Date: ________ _ Number of Pages: ____ Signer(s) Other Than 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: D Attorney in Fact D Guardian or Conservator Signer Is Representing: _________ _ Named Above: -------------~ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ____ _ Signer Is Representing: _________ _ @2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED1LandDev\PROJECTS\DEV\DEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 46 OF CARLSBAD TRACT NO. 75-4 -LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 5, 1976. EXCEPTING THEREFROM 1116TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN POTENT RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED JUNE 30, 1971, AS FILE NO. 141047 OF OFFICIAL RECORDS. APN: 215-491-36-00