HomeMy WebLinkAboutMS 05-31; Donald, Peter C.; 2007-0395072; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
6221
DOC# 2007-0395072
JUN12. 2007 11:30 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G P E b 0 RY J .SMITH CO 0 N I" Y Fl E fTi R 0 E R
FEES: 000
PAGES: 5
I
2007-0395072
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Donald Condos
203-021-08
MS 05-31
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 448-9A) for development
to occur on property described as (see attached, Exhibit "A") more particularly described as
(APN No. 203-021-08), and other good and valuable consideration, receipt of which is hereby
acknowledged, l/(We) Peter C. Donald, as Trustee of the Donald Family Trust, Established
March 19, 1999, 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
H:\Development Services\PROJECTS\MS FILESW1S 05\MS 05-31 Donald Residential Condos - Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 448-9Aj.doc Rev. 12/08/98
6222
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of A-f^\ 200*7.
PROPERTY OWNERj
Peter C. Donald, as/Tru$fee of 1
Trust, Establishes
By:
Date:
(print name and title)
Peter C. Donald/•i
By:
(sign here)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(print name and title)
)eputy 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
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-31 Donald Residential Condos - Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 448-9A) doc Rev. 12/08/98
6223
State of California
County of San Diego
On
(Date)
personally appeared
before me,ar\h Q
(Nafne, Title of Officer)
fti ^//
In/
(Name[s] of Signer[s])
2-t*rpersonally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the persoij(s)-T/vhose n
^fpare subscribed to the within instrument and acknowledged to me that <J1^/she/they
executed the same in/fiis/her/their authorized capacityj^sTTand that by (fisher/their
\m**"^
signaturefs^n the instrument the persorUs>r^6? entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\PROJECTS\MS FILESWIS 05\MS 06-31 Donald Residential Condos - Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 448-9A).doc Rev. 12/08/98
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:S\
Commission Number: \ ^ %^Q13. Date Commission Expires: 6)9-1** ~
County Where Bond is Filed: —x^
Manufacturer or Vendor Number; AJ M
(Located on both sides of the notary seal border)
Signature:
Firm Name (if applicable)
Place of Execution: v^H^Ac? o^ } Q_£V Date:.
Rec. Form #R 10 (Rev. 7/96)
v_v ^^ .^ "mEXHIBIT "A"6285
The land referred to in this report is situated in the County of San Diego, State of California, and is
described as follows:
THAT PORTION OF LOT SIX OF GRANVILLE PARK IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924,
LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND SEVENTY-FOUR AND
FIFTY-SEVEN HUNDREDTHS FEET SOUTHEASTERLY OF THE DIVIDING LINE BETWEEN
LOT SIX AND FIVE OF SAID GRANVILLE PARK.
ALSO THAT LAND, IF ANY, LYING WESTERLY OF THE WESTERLY LINE OF SAID GRANVILLE
PARK, SOUTHEASTERLY OF THE SOUTNWESTERLY EXTENSION OF THE
NORTHWESTERLY LINE OF SAID LOT SIX; NORTHWESTERLY OF A LINE THAT BEARS
SOUTH 57°29' WEST FROM THE MOST EASTERLY CORNER OF SAID LOT SIX AND
NORTHWEST OF THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. EXCEPTING FROM
THE ABOVE DESCRIBED PROPERTY THAT PORTION THEREOF, IF ANY, HERETOFORE OR
NOW LYING BELOW THAT MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN.
EXCEPTING FROM THE ABOVE PROPERTY THAT PORTION THEREOF, IF ANY,
HERETOFORE, OR NOW LYING BELOW THAT MEAN HIGH TIDE LINE OF THE PACIFIC
OCEAN.
1 OF 1 Rev.4/17/07