HomeMy WebLinkAboutHDP 02-06; Tavelman, Dana; 2003-1095575; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
I)OC # 2003-1095575
SEP OB, 2003 4~43 PPI
OFFICIAL REWRDS SplN DIEGO COW RECIIRDER’S OFFICE GREGOH J. SMITH, CIIUNTY RECORDER FEES: 11.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 223-260-06-00
PROJECT NO. & NAME: HDP 02-06
Tavelman Tennis Court
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 409-7A) and for
development to occur on property described as attached Exhibit “A more particularly described
as (APN No. 223-260-06-00), and other good and valuable consideration, receipt of which is
hereby acknowledged, I/(We) Dana Tavelman, a Married W Oman as h er Sole a nd S eparate
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 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
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H:/Developrnent Servcies/Masters/Bonds 8 AgreernentslHold Harmless Agl Geological Failure Rev. 12/08/98
damage to public improvements caused by any geolagical 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
PROPERTY OWNERS
Dana Tavelman, a Married
Separate
By:
Dana Tavelman '
(print name and title)
Date: 7//9 h-3
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(Pr p r 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.)
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2 tr /Developrent Servcies,Ma?iersiBonds 8 Agreomentsihcoic' Harrrlless Agl Geo~oglcal Failure Rev 12'08/98
EXHIBIT “A”
LEGAL DESCRIPTION
LOT 476 OF CARLSBAD TRACT NO. 72-20 LA COSTA VALE UNIT NO. 3, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 3, 1974.
EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, RIGHTS, OTHER
HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND
WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR
UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH
UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT
SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN
AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND,
INCLUDING THE RIGHT TO WHIPSTOCKED OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS,
TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR
LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE
RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE, AS
RESERVED IN THE DEED FROM DAON CORPORATION, A DELAWARE
OFFICIAL RECORDS.
CORPORATION, RECORDED JANUARY 20, 1982 AS FILE/PAGE NO. 82-016443 OF
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State of California ) 1
County of San Diego 1
On 7- 1 9 * 8 3 before me, 3&te 1 !u-Wc, PLbr,, ,
(Date) (Name, The of Officer)
personally appeared -D-cTelmd -
(Name[s] of Signerts])
c -
I )fpersonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
and official seal
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Document 11 Signer(s) other than named above
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4 Mleveloprnent Servcies/Masters/Bonds & AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98