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HomeMy WebLinkAboutMS 10-04; Cavanaugh, William J; 2012-0131254; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2012-0131254 Iillllllii lilll ililii 11 MAR 06, 2012 3:56 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 205-280-16 MS 10-04 1369 Magnolia HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 472-5A) 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) William J. Cavanaugh, an unmarried man, 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 1 Q:\CED\LandDev\PROJECTS\MS\MS 10\MS 10-04 1369 Magnolia Avenue - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 472-5A).doc 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 CJ? day of T^V> . 20iK OWNER(S) William J. Cavanaugh, an unmarried man By: _ (sigti here William J. Cavanaugh, owner (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By : MA. Deputy City (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman ofthe Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 2 Q:\CED\LandDev\PROJECTS\MS\MS 10\MS 10-04 1369 Magnolia Avenue - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 472-5A),doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On \r^\o^ ^o^JJ^l^ before me, C>+cri^>^--g^ ^te \ '• Here Insert Name and Title of the Dfficer 7 personally appeared Name(s) of Signer(s)l 1 Of RCIAL SEAL STEPHANIE DEL ROSARIO 33 INOTARY PUBLKJ^CAUTORNlAi ' COMM^Na 1911774 ^ SAN DIEQO COUNTY | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) \sle^ subscribed to the within instrument and acknowledged to me that he/sh^t^ executed the same in his/h^«d[^r authorized capacity (ies), and that by hls/Jj^t^r 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 jny hand and official seal. Place Notary Seal Above Signature OPTIONAL Signature of Notary Public Ttiougti 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: VVD\<^ Ar\e:v^ir<^ -f^t^-c^x^^^^'^^ C--x?o\og>cL«n}\ ^\\ Document Date: ] Number of Pages: Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • vww.NationalNotary.org Item #5907 Reorder: Call Toll-Fcee 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\MS\MS 10\MS 10-04 1369 Magnolia Avenue - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 472-5A).doc EXHIBIT "A' LEGAL DESCRIPTION THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. ML FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°21'00" WEST A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF Mi^GNOLLA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN ROOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121. PAGE 465 OF DEEDS; THENCE SOUTH 61°21'00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61°21'00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 END OF LEGAL DESCRIPTION