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HomeMy WebLinkAboutMS 07-03; Blakley, Mayer, and Wright; 2009-0129276; Hold Harmless Agreement/Release2009-0129276 RECORDING 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 MAR 16, 2009 11:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 30.00 PAGES:8 3594 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-022-04-00 PROJECT ID: MS 07-03 PROJECT NAME: Ingold Minor Subdivision RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 458-5A) 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, l/(We) Richard Blakley and Kimlien Blakley, trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and; Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interested and Josh Wright and Marita Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% interest, 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 H:\Development Services\PROJECTS\MS FILES\MS 07\MS 07-03 Ingold MS - Rick, Wickham\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (458-5A)#2.doc 3595 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 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,-e^-Cl day of^Cl'.ji^uxcoc-*-^. . 200^. OWNER(S) Richard Blakley and Kimlien Blakley, Trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and; Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Maritia Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% TSu^Si^ (sign here) Richard Blakley, Trustee of the Blakley Family Trust (print name and title) Date: pfc7V G) - By: (sign hej] Kimlien Blakley, Trustee of the Blakley Family Trust (print name and title) Date:f&> By: _ (ijgn here) Gregory Mayer, Joint Tenant (print name and title) Date: ^-fr 2 H:\Development Services\PROJECTS\MS FILES\MS 07VMS 07-03 Ingold MS - Rick, Wickham\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (458-5A)#2.doc 3596 By: Mary Mayer, Joint Tenant (print name and title) Date: By: _ Josh Wright, Joint Tenant (print name and title) Date: (sphere) Marita Jessica Wright, Joint Tenant (print name and title) Date: Q." APPROVED AS TO FORM: RONALD R. BALL City Attorney deputy City Attorne (Proper notarial acknowledgment of execution by owner(s) 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.) 3 H:\Development Services\PROJECTS\MS FILESWS 07\MS 07-03 Ingold MS - Rick, WickhamXBonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (458-5A)#2.doc 3597 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared 'DEMISE K.MAXEY?i COMM. # 1580473 i [NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY 0 COMM. EXP. MAY 20, 2009 ;* who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)«i&(irf£ubscribed to the within instrument and acknowledged to me that he/she^fji^ executed the same in hie/her^ti|j) authorized capacity(ies), and that by<hie/heijgrtgi&signature(s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: TjDU* Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General RIGHTTHUMBPRIN1 OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER D Trustee D Guardian or Conservator n Other: Signer Is Representing: Top of thumb here HSi&SS&S&IS&S&SS&S D Trustee D Guardian or Conservator D Other: Signer Is Representing: &&s&s&s&&&iy&&&f&&?&s&is&®&&&ss&®&&&!y&ss&fi Top of thumb here ^SK^ff&s&f&fafKsi ©2007NattonalNotaryAss<X!iatk)n'93SODeSotoAve.,P.O.Bcix2402«Chats»»oi1ti,CA 91313-2402-www.NationalNotary.org ltem#S907 Reorder: Call Toll-Free 1-800-876-6827 3598 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT ?^Gft&&G&c®&5&e&3&&e&<z^^ STATE OF CALIFORNIA t County of _>D On 02\0(/\Qtl before me, bf.*A\<& £ • I I Date Here InseiHere Insert Name and Title <(f th<5 Officer , th<5 Offi personally appeared &MJ flVn> Name(s)ofSigner(s(J DEMISE K. MAXEY £ COMM. #1580473 ff NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 0 COMM. EXP. MAY 20, 2009 f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is*fFsPsubscribed totofi within instrument and acknowledged tome that he/stepney) executed the same ipJjjsdwXffieJlpauthorized capacity(ies), and that by b&bei{?n@jPsignature(s) on the instrument the person(s), or the enfity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title Document Date: itle or Type of Document: /TO Id fwlrt |l£S C\A locument Date: ^</ Ou? I Q H /Oft' C*\ Signer(s) Other Than Named Above:. Number of Pages:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRIN1 OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here i^^^©KSC&S§S!S<#e<*^^^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chalsworth, CA 91313-2402 • www.NationalNolary.org Item IS907 Reorder CaHToH-Free 1-800-876-6827 3599CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;^@««<3G(es<jse©seestjG<je<j^ STATE OF CALIFORNIA County of On personally appeared -**- -"*- -**—^ -*• DEMISE K. MAXEY £ I COMM. # 1580473 S (NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY 0 COMM. EXP. MAY 20, 20097* Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4e^Jrg> subscribed to the within instrument and acknowledged to me that he/shiMlfifiy executed the same inJmaflnetffi&S> authorized capacity(ies), and that by hie/her/t^i) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my^hand and official seal. Signature Notary PuWic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Moid!-""Title or Type of Document: Document Date: 00 Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited O General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRIN. OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s). D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here S««5^^e^SS»S«©S!S^^g5fii3^^ © 2007 National Notary Association • 9350 D« Soto Ave., P.O. Bos 2402 • Chaisworth, CA 31313-2402 • www.NationalNotary.org Item »S907 Reorder Can Toil-Free 1-800-876-6827 3600 EXHIBIT "A" The real property in the County of San Diego, State of California, described as: That portion of Lot 14 in Block "B" of Belle Vista, in the City of Carlsbad, Count of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the county recorder of San Diego County March 7, 1929 and as more fully described on the attached Exhibit "A". Also known as: 4135 Park Drive, Carlsbad, CA 92008 AP#207- 022-04-00 CLTA Guarantee Form 23 3 fi 0 "i Order No-: 213001-GS Parcel Map Guarantee (1/13/78) " W V J. Guarantee No.: 213001gs 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: THAT PORTION OF LOT 14 IN BLOCK "G" OF BELLE VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 14, DISTANT THEREON SOUTH 11°57' EAST 120.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 14; THENCE ALONG SAID EASTERLY LINE, NORTH 11°57' WEST, 120.00 FEET TO THE SAID MOST NORTHERLY CORNER; THENCE ALONG THE LINE COMMON TO LOTS 13 AND 14, SOUTH 71°01'10" WEST, 347.01 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE WESTERLY LINE OF SAID LOT 14, SOUTH 24°58'50" EAST, 135.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 68°54'40" EAST, 194.35 FEET; THENCE NORTH 13°06'20" WEST, 25 FEET; THENCE EASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. APN NO. 207-022-04 Ticor Title Company - 3 - Parcel Map Guarantee - CLTA Guarantee Form 23 - Part 1