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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