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Home My WebLink AboutHDP 02-10; Dunn, Jim; 2004-1201089; Hold Harmless Agreement/ReleaseDOC# 2004-1 201 089 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DEC 21,2004 4:45 PM DFFl ClAL RE CORDS ‘WN DIEGD COUNTY RECORDER’S IIFFICE GREGORY J SMITH, CDUNT’t RECORDER FEES 0 00 5 PAGE S I illlll lllll111111111111111111 Ill11 1111 Ill11 11111 Ill1 HlllU111 Ill11 YII 1111 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 156-051-24 PROJECT NO. & NAME: HDP 02-1 OKDP 02-42 Dunn Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (DWG 421-9A) for development to occur on property described in attached Exhibit “A more particularly described as (APN No. 156-051-24), and other good and valuable consideration, receipt of which is hereby acknowledged, I Jim Dunn, the owner 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 3r permits by the City shall not constitute an assumption by the City of any responsibility for any jamage 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 mprovements made or done pursuant to the approved plans, nor shall any officer or employee :hereof be liable or responsible for any accident, loss or damage happening or occurring during :he construction work or improvements as specified in this agreement. The entire risk of any oss resulting from or caused by any geological failure is assumed by and shall be borne by the iwner. It is agreed that the above owners will maintain all slopes and landscaping in a manner o insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any 1 1:lDevelopment Servcies/Masters/Bonds 8 Agreements/Hold Harmless Agt Geologlkal Failure Rev. 12/06/98 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. day of has executed this instrument this 28 PROPERTY OWNE Jim Dunn, ah una By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL Deputy City'Attorney (Proper 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 2ertified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 2 i:/Development Servcies/Masters/Bonds & AgreementdHold Harmless AQI Geological Failure Rev. 12/08/98 '. State of California 1 ) County of San Diego ) On AL U.ir28d before me,/CDTtlL?: d. mod/lklrC: dbJa4A ' ++- (Nsrfne, Titkof Officer)' personally appeared rd Awn (Name[s] of Signer@]) --OR -d (proved to me on the basis of satisfactory evidence) to be the person6whose name$) @~msubscribed to the within instrument and acknowledged to me tha- authorized capacity(- and that by I - executed the same in signature$ on the instrument the , or entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Signature of Notary Title or Type of Document klald dumk-ss @fuflt?A/ 7 & b&/&d Date of No. of Pages 7&fU&. Document Signer(s) other than named above 3 i:/Development ServciesIMasterslBands & AgreementsIHold Harmless Agi Geological Failure Rev. 12/08/98 " . EXHIBIT "A" 5. The land referred to in this policy is situated in the State of California, County of SAN DIEGO and is described as follows: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, TOGETHER WITH A PORTION OF LOTS 4 AND 5 OF CEDAR HILL ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 532, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 25, 1888, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SANDIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS PER GRANT DEED RECORDED SEPTEMBER 25, 1962 AS FILE NO. 164830 OF OFFICIAL RECORDS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED HEREIN AS DEED 1, ALONG WITH THAT PORTION DESCRIBED PER CORPORATION GRANT DEED RECORDED APRIL 9, 1963 AS FILE NO. 60557 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED HEREIN AS DEED 2, AND AS SHOWN ON RECORD OF SURVEY 13744, RECORDED MAY 7, 1992 AS FILE NO. COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2992-27634 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 41 OF LEBARR ESTATES UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 4944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 4, 1952, BEING ALSO A POINT ON THE NORTHEASTERLY LINE OF LAND DESCRIBED IN PARCEL 1 IN DEED TO WILLIAM J. BUTTERS, ET AL, RECORDED AUGUST 28, 1959 IN BOOK 7854, PAGE 304 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 OF BUTTERS LAND NORTH 51" 51' 16" WEST, 189.25 FEET PER SAID RECORD OF SURVEY (NORTH 51 " 45' 28" WEST, 189.1 1 FEET PER SAID DEED 1) TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 17.50 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH 00" 00' 57" WEST, 17.50 FEET PER SAID RECORD OF SURVEY (NORTH 00" 00' 59" EAST, 17.50 FEET PER SAID DEED 1) TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 31, BEING ALSO THE NORTHEAST CORNER OF SAID CEDAR HILL ADDITION; THENCE ALONG THE NORTHERLY LINE OF SAID CEDAR HILL ADDITION NORTH 89" 26' 17" WEST, 731.70 FEET PER SAID RECORD OF SURVEY (NORTH 89" 26' 00" WEST, 731.29 FEET PER SAID DEED 1) TO THE NORTHEAST CORNER OF TRACT 6 OF LAGUNA MESA TRACTS, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20,1921; THENCE ALONG THE EASTERLY LINE OF SAID TRACT 6, SOUTH 00" 02' 04" EAST, 151.85 FEET PER SAID RECORD OF SURVEY (SOUTH 00" 00' 07" EAST 151.85 FEET PER DEED 1) TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN SAID DEED TO BUTTER'S LAND; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 OF BUTTER'S LAND AS FOLLOWS: 76" 22' 40" EAST, 297.18 FEET PER SAID RECORD OF SURVEY (NORTH 76" 24' 40" EAST, 297.16 FEET PER DEED 1); THENCE SOUTH 55" 52' 02" EAST, 326.64 FEET PER .. SAID RECORD OF SURVEY (SOUTH 55" 50' 28" EAST, 296.64 FEET PER DEED 1) TO THE ANGLE POINT DESCRIBED IN SAID DEED 2 ON THE WESTERLY LINE OF LOT 36 OF LEBARR ESTATES UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 4944; THENCE NORTH 70" 47' 06" EAST 104.26 FEET PER SAID RECORD OF SURVEY ALONG THE SOUTHERLY LINE DESCRIBED IN SAID DEED 2 TO THE NORTHWEST CORNER OF SAID LOT 28, ALSO BEING THE NORTHWEST CORNER OF LOT "A" AND THE NORTHWEST CORNER OF THE NORTHERLY TERMINUS OF HIGHLAND DRIVE, ALL AS SHOWN ON SAID LEBARR ESTATES UNIT NO. 2; THENCE NORTH 77" 28' 46" EAST 60.00 FEET PER SAID RECORD OF SURVEY TO THE NORTHEAST CORNER OF SAID LOT "A", AND THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 530.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 77" 28' 46" EAST (NORTH 77" 33' 49" EAST, 60.00 FEET PER DEED 21; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY LINE OF HIGHLAND DRIVE, THROUGH A CENTRAL ANGLE OF 03" 34' 11" A DISTANCE OF 33.02 FEET PER SAID RECORD OF SURVEY TO THE NORTHWESTERLY CORNER OF SAID LOT 39 OF SAID MAP 4944; THENCE NORTH 58" 12' 39" EAST 195.67 FEET PER RECORD OF SURVEY ALONG THE NORTHERLY LINE OF SAID MAP 4944 (NORTH 58" 10' 57" EAST, 195.35 FEET PER DEED 1) TO THE POINT OF BEG INN1 NG. EXCEPTING THEREFROM THAT PORTION THAT LIES EASTERLY OF A LINE 30.00 FEET WESTERLY AND PARALLEL TO THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31.