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HomeMy WebLinkAboutMS 13-04; Parker Family Trust; 2014-0064546; Hold Harmless Agreement/ReleaseDOCtt 2014-00G454G lllll lllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY FEB 18,2014 10:36 AM OF CARLSBAD WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES; GOO City Clerk PAGES: CITY OF CARLSBAD 1 IIDIl IRItl lllll lllll lllll mil lllll ••Ml •IIM ••III ••III •am ••ill ••••• •mil •••• 1 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 I IIIIII 11(11 lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll Illl 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-080-04 ASSESSOR'S PARCEL NO, PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 13-04 Parker Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 479-4A) 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, We, Oakley G. Parker and Johnelle Parker, as Co-Trustees of The Parker Family Trust dated August 29, 1995, 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 1 Q:\CED\Lan(lDev\PROJECTS\MS\ltflS 13Ui/)S 13-04 Parker Residence • RicMB & A\HOLD HARMLESS AGREEIi^ENT GEOLOGICAL FAILURE DWG 479.4A doc1/25/13 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 ail or any part of the property described herein. /// /// /// /// . . , .. Ill III III III III III III III Ul III III III III III III III III III 2 Q \CED\LandDBV\PROJEGTS\MS\MS 131MS 13-04 Parker Residence - RicWB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE OWG 479-4A doci;25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of J/QsKM^xg^ 20J^ OWNER(S) Oakley G. Parker and Johnelle Parker, as Co- Trustees of The Parker |=^ily Trust dated August 29 A19951 By: (sign here) Johnelle Parker, Co-Trustee Date: By: (print name and title) t/^/^ol4- here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the 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.) Q:\CED\1.3ndDev\PR0vlECTS\MS\MS 13\MS 13-04 Parker Residence - RickXB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 479-4A,doc1/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -SQ/^ ^€^ 0 } On Qg"^ O'. t50t4 before me, Oufoi'bh i?c(tc:irnr)Qnn . tAcrbaru Pub(t< Oalg — Here insert Name ancf Title of the Oftlsat? personally appeared OoV\y)eMe^ \hyk.&v^ ~ ^ rr NBme(s)ofSlgner(s) 1 JUMILAH RATERMANN Commission # 1928533 Notary Public - California i San Diego County ^ My Comm. Expires Mar 14, 20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sf whose name(^ is/^pe^subscribed to the within Instrument and acknowledged to me that he/she/lWy executed the same In iws/herAtjetrauthorized capaclty(i8i^, and that by bie/her/tbeif signature(e)^on the instrument the person(^, or the entity upon behalf of which the person(a)^ acted, executed the Instmment. 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 (WAA^^e^WUi^ <7 Slgnaljre ot Noiary 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 Trtle orType of Document: Hx>M fb>^m\gS& ^ir€iafvTerTt/^eo/o^C^I pgn'luyg^ Document Date: Oeirt ^ CLOI-^ Number of Pages: Slgner(s) Other Than Named Above: Capaclty(ies) Ciaimed by Srgner(8) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • G^n6ral • Attorney in Fact • TVustee • Guardian or CkJf)servator • Other;. Signer's Name: • Individual • Corporate Officer — Title(s):. • Partner — • Limited • G^n • Attorney in Fact • Trustee • Guardian QpConservator • Ottier;, ©2007 Nalional Notary Associatkm- 9350 De Soto Ave., P.O.Box 2402 • Chatswortfi, CA 91313-2402' WA'wJMatkjnalNolar^.org Item (15907 Reorder:CallToll-Ftee 1-800-878-6827 QACED\LandDev\PROjeCTS\MS\MS 13\MS 13-04 Parker Residence - RicWB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 479-4A:doc1/26/13 EXHIBIT A LEGAL DESCRIPTION Ttie land referred to herein is situated In the State of Califomia, County of San Diego, City of Carisbad and described as follows: a«. vny ui Parcel 1: That poftioir of Lots 32. 33 and 34 of Patterson's Addition to Carlsbad, in the City of Carisbad Countv of San Diego State of Califomia, according to Map thereof No. 565, filed in the Office of the Countv Recorder September 22, 1656 and that portion of Canon Street closed to public use by Order of the Board of Supen/isors of San Diego County. September 30,1939, described as a whole as follows: Beginning at the most Southerly comer of Lot 32; thence North 65'27' East 350;00 f&t along the Southeasterly line of Lot 32; thence North 34° 33' VVest along a line parallel with and 350.0 feet at riqht angles Northeasterly from the Southwesterly line of lot ^2 a distance of is.OOfeet tothe true point of begmning; thence continying.along.said parallel line Northi4' 33' West 14.1.03 feet to the most Southerly _corner of that Isrid coriveyed to Hom^r R.Da^ byiDeed. recorded May is, 1948 ^in the Office of' the Couiity Redorder as^DdcOment No. 526,16 in Book 2808, Page 269 of Official Records; thence along the Southeasterly line of said Davis Land North 55° 27' East 309.0 feet to the most Easterly comer of said Davis Land; thence parallel with the Southwesterly line of said Lots 32 and 33 South 34° 33' East 141 03 ?^ 97'?Af''f^^Jio^n^'*".! "Hf ''^^""^ North 55° 27' East from the true point of beginning; thence South 55 27 West 309.0 feet to the true point of beginning. Parcel 2: An easement for road purposes over the Northeasteriy 12 feet ofthe Southwesterly 362 feet of Lot 33 and over the Northeasterly 12 feet of the Southwesterly 362 feet of that portion of Lot 32 lying Southeasterly ofthe Southeasterly line of Parcel 1, above described, all in Patterson's Addition to Carlsbad, m the County of San Diego, according to Map thereof No. 565, filed in the Recorder's Office of San Diego County September 22, 1888, the Southwesterly line of said 12 foot strip of land being drawn parallel vvith and 350 feet Northeasterly, measured at right angles from the Southwesterly line of said Lots 3nC] oO. Parcel 3: An easement and right of way for ingress and egress for pipe line purposes over the Northeasterly 2 feet of the.Southwesteriy 364 feet of Lot 33 and over the Northeasteriy 2 feet of the Southwesterly 364 feet of ^at portion of Lot 32 lying Southeasteriy;0f the Southeasterly line of Parcel 1, above described, all in Patterson s Additioo td Carlsbad, in the County of San diego, according to Map No. 565 filed in the Recorder's Office of San Diego County. September 22^ 1888; the Southwesterly line of said 2 foot strip of land being drawn,parallel with and. 362 feet Northeasteriy. measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel 4: An easement for gas line and purposes incidental thereto, over, under, along and across that portion of H:.e Northeasterly. e feetof th;e ,Southwesteriy464 feet of Lots 32 and. 33 of Patterson's Addition to County of San Diego. State; of California, according to Map thereof No. 565 filed in the GountjHeeorders Office September 22, 1886. lying. Southeasterly ofthe Southeasteriy line of that parcel ofTand described in Deed to Glafence Putz, et ux.. recorded May 29, 1951 in Book 4115 Paqe 347 of Offjeial Records. ' " APN: 205-080-04-00 (End of Legal Description) RECORDING REQUESTED BY AND WHEN RECORDED IMAlL TO: Johnelle Parker 3215 Maezel Lane Carisbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT W,AS RECOB.DED ON JAN 23. 2014 DOtCUMENT NUMBER 2014-0031059 Ernest J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO OOUNPT''RECORDER'S OFFICE TIME: 2:23 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIDAVIT OF DEATH OF TRUSTEE Assessor's Parcel Number: 205 080 04 00 STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO } JOHNELLE PARKER, of legal age, being first duly sworn, deposes and says: 1. That OAKLEY G. PARKER, also known as OAKLEY PARKER, the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as Oakley G. Parker named as Trustee in that certain Declaration of Trust known as the PARKER FAMILY TRUST dated August 29, 1995, executed by OAKLEY G. PARKER and JOHNELLE PARKER as trustors. 2. At the time of the decedent's death, decedent was the owner, as Trustee, of certain real property acquired by a deed covering the following described property situated in San Diego County, State of California: The real property commonly known as 3215 Maezel Lane, Carisbad, California and more partlculariy described in the attached Exhibit A, incorporated herein by reference. 3. I am the sun/iving or successor Trustee of the same trust under which said deye^dent held title as trustee pursuant to the deed described above, and am designated and empowered pursuant to thereof Dated: 1/23/2014 terrrisrof said trust to sen/e as trustee JOHNELLE PARKER STATE OF CALIFORNIA COUNTY OF SAN DIEGO }SS Subscribed and sworn to (or affirmed) before me this 23rd day of January, 2014, by JOHNELLE PARKER, proved to me on the basis of satisfactory evidence to be the pi appeared before me. MICHAEL P. MCCARTHY, Notary Publi • MICHAEL R MCCARTHY Commission # 2011863 Notary Public - California ^ (This area for official notarial seal) COUNTY OF SAN DIEGO 3052013164196 CERTIFICATE OF DEATH SlftlEtJfOttfOfBM ••• BSE suae KK WRY I HO EEASUfS5.»«IfomS OS JUeiffiOMS -•' ..3201337014206: LOCAL retasTTWRw wut-iBen 41 TYPE OF [BSPOSrriOfJfS;. ^ ^ 5, CR/TR/BU v^'^" ^f*"^ • . -IT , *• NOT EMBXtMEDJ ' .-f^ %^Cr'''^////r;fl<f c ,H 4".. 44 H^AlEOFfLL-eRALesaiWUSW^Bfr - "j*" ETERNAL HILLS MORTUARY ^ ' ,* it 9S I* ^ "A FD234'^ 'FWILMA'wfoTTENVMD,-^-*---^/ ^ SI ^• 47fOAIE nim'tHJ'ccyy; - "09/(k/2013 f / 1: NAVKOT DECBJSn-BBST.-JGJVErt OAKLEY 2 MIDDLE GEORGE PARKER AKA, W.SO KNOWN AS -tadude fuE fiXA JFffBT, MlOOf; LASI) .a eSlTH STATE/FOREIGM ODUHTRY - MONTANA 13. EDlK^^7^0K - ttt^wM tii«i;BeoWf BACHELOR . laSOCyt: SECURITV NUMBER .• 517-44-5942 •,i-n»gnci;imvi .ii»arti^-U- il>^vfV-. | irW{aotg«M~1. iFVMgigWJiS I B,sat;.; 12/23/1933 79 .'"^ ' M .U; EVER IN U.S. ARMED<^0RCE5? = li/I5.,WASO£eeot«I f»S»\NmATl«OS^JfSR^ii!S«^()fv*»:««KdilwJD^ t2. MARiJAL SRTUSigiay (MTrti MARRiED', •: •. •."ie. reOtOf NTS EWG£- Up » 3 fiicesroay teiistEd (am- woriish«et wi batiij CAUCASIAN / 7.DATE0F 0EATW mff^*i/ccy>- . 08/28/2013 iFND e. HOUR i2*H«rtJ 1745 , 7. USUAL OCGUPffnoN - "lype woil: fn mosi of hle:i» NOT use REmED CONTRACTOR 18. KflJD Cff BUaWESStffltNDOSTFtY-le-g., grocery .!*3fe. road cmstrjcioo; ecDtoimefit^sjsncy. del"' RESIDENTIAL COMMERCIAL CONSTRUCTION le'.YEAfiSINOCCUMRON . 30 20 QECEDENT'S FtESaSNCE (Stteet enO fwmbef. or tocaSori):. 3215 MAEZEL LANE 2, OTY CARLSBAD a COUMY/PnOI/IWE"** " 'ij'Ji'i-'VH SANDIEGO ^ ' 20. IMfOflWAWrs NAME. RELSnONSHlP.. JOHNELLE PARKER, WIFE ^jj}^ V, M;NAME W SURVIVING SPOUSEffiW)p--FtflST : JOHNELLE i£ 31; NAME OP FATMEfWW?EKT-FHST. .• OAKLEY NELL - ,^F/.L V!^ 09/04/2013 /f;f 92008 24.,'rtAR5JN.COUNT¥ 23. STATBTOREIGN COUiNTTHY CALIFORNIA . : K^tNFOW/ ^3215' ^i^gl/gu^^wM^cff^i^wwn. Mate and IW ARCHER 3a MIDOtE TINNEN y 'TAKACS^^y-_;<fii PARKER J^.-^y .54. atRTVi STATE GAL'IFORNIA- st CAST 'BimH'i.^E,"' ^ POTTS ja-BfmnSWE . NEBRASKA-' ROSEBUD CEMETERYs lOI.PtACEOFOEATH- FOUND, HOME.(F,RpNF|YARD)V>^£-U? m cou-flY SAN D)EGO 3215lMAEZEL3lAMr'!rr- "''''^S^li^C.-f^l^A I-CARLSBAD £; n2.OTH£RSIGNff!CAfirCONaT10HS NONE 113: VV^5 OPERATfON PEPTORWED FOR ANV COWDIROH NO i>Ix-7£ liOH OSTE-A'iSPb'^'S WED FMM.TfS 0^ 15 SK:MAmn£AMp.7n^tlF-GEKTlJ|ICTii^ „ 'A ^ g:TVPr'APltWjit*t WySfi-^/iN^^ fJiWE: (MllJNi AD0RESS.-21P CME .7 jt.lij.' UCEf ISE NUMBER • n ;. D^TE •-mnv'du-ccy)' •im f CBfflFY ffl Iiirr DPITBON tSAffl XCURBED AT THE HOUa ME «B F^ ••ir^; IPWURED AT WOFK?. lZi;iNai;RYOATE-iTJm'ijy':c)V ..l22iH0UR IWHffjtj) 08/28/2013 UNK HOME, FRONT YARD SELF-INFLICTED 22 CALIBER RIFLE INTRAORAL GUNSHOT WOUND, HEAD LOcmau OF-rNJURY. (S-'reel aw wimei. a locaBort. and ctty. and n« -vc • 3215 MAEZEL LAJ^E, CARLSBAD, CA 92008 ' I ^.'?rWTURE CT^ COHONERV DEPl/TY BtSU^MEB-:-- wGLENN WAGNER :-09/03/2013 GLENN WAGNER DO, CME ilillilHWIiii n CEMSUSTRACr* *A002623374 Comils ol San Dicgo - lleafth &. Hninmi Sen ices Agcncv - 38il RobtCLHto .Stifet i tiis is io,teHih ih.n iru.iimg llit orntrAi SEAI or iHFSiAiEor^ ALiroKNiA'iKomciAi SFAI OI SAN DITOOCOUNTY AND rm IR DEPARlMEN-l OF HLAI fH SCRVICES EMBOSSFD SEAL lliisis aiuw ciSpTofliiL ORIGINAL DOCUMENr FlLLD Reiiiiired h.c p.inl , DATEvlSSUED;sSe|!leiiil3ei:»20,U:; 1 hiS cop> nol salifl unlCbS prtp.ticd on tni;i,n\M! bui der displ.1% nm seal and sieniitu'i ol Rt.;.'isiiii WILMA I wool I N MD RF&ISIRAROI VIPAI RhCORDS Coiiiin if San Dieuo < •