Loading...
HomeMy WebLinkAboutMS 14-01; Berchtold Family Trust; 2016-0460112; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2016-0460112 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:29AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~SOR'S PARCEL NO.: 156-212-11-00 (i PROJECT ID: MS 14-01 PROJECT NAME: --=s=-e-rc-:-h-:-to-:-ld-=-=s--:ub:-d-::-iv-:-is-:-io_n ___ _ HOLDHARMLESSAGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (PM 14-01) 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, 1/(We) Silvia M. Berchtold, Trustee of Trust B of the Berchtold Family Trust Dated October 22, 1990, 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 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-01 Berchtold Minor Subdivision-Levy\Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 .. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CEDILandDev\PROJECTS\MS\MS 14\MS 14·01 Berchtold Minor Subdivision·Levy\Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ¢_;).. dayof ~uY" ,20M APPROVED AS TO FORM: CELIA BREWER City Attorney By:~~~~ Assistant City Attorney City of Carlsbad OWNER(S) Silvia M. Berchtold, Trustee of Trust B of Berchto Family Trust Dated October 22, 1990 By: '!vi~ fir_ Silvia M. Berchtold, Trustee (print name and title) Date: 0 ~ ( '2 2 / ~ 0 \ ~ By: (sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) the (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.) 3 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-01 Berchtold Minor Subdivision-Levy\Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California(\~ County of c:&a.-t1 I;;JJU?f ) ' , On 1\M.. <2;), d-o/Ca before me, rJ f\ 6M11t(J....... -d Date Here Insert Name an personally appeared S:dvt' C{ K. ~ E=ll C\-l T"CI \. D Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aJ'e- subscribed to the within instrument and acknowledged to me that ~sheAf:teSi executed the same in ~/her/tl:lel'f authorized capacity(ies), and that by biS/her/U:Ielt 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 i, h??;~d2 _:: Signature f/~ ) Signature of Notary Public Place Notary Seal Above -------------------------------------oPnONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies} Claimed by Signer(s} Signer's Name: ::-------::::----:-:-------- 0 Corporate Officer -Title(s): ______ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual D Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: ______________ __ Signer Is Representing: _________ _ Signer Is Representing: ___________ _ ~~~===~=~='~;;<;.'!\;<;===============~=~==-=========~=~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 1\FILES01V\Departments\CED\LandDev\PROJECTSIMS\MS 14\MS 14-01 Berchtold Minor Subdivision-Levy\Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Order Number: NHSC-5087369 (rh) Page Number: 7 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE ADJ 13-03/CE 14-01, AS EVIDENCED BY DOCUMENT RECORDED APRIL 15, 2015 AS INSTRUMENT NO. 2015-0179350 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 24 OF PATTERSON'S ADDffiON TO THE TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888 TOGETHER WITH THAT PORTION OF LOT 12 OF CARLSBAD TRACT 12-07, ACCORDING TO MAP THEREOF NO. 15996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 02, 2014, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "A" AS SHOWN ON PARCEL MAP NO. 15400 AS FILED OCTOBER 04, 1988 IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL MAP NO. 15400, NORTH 55°59'46" EAST (NORTH 55°27'37" EAST, RECORDS PER SAID PARCEL MAP NO. 15400) 400.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 400.00 FEET OF SAID LOT 24; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 33°58'58" WEST, 22.19 FEET, TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE ON THE WESTERLY RIGHT-OF-WAY LINE OF JAMES DRIVE HAVING A BEARING AND DISTANCE OF "NORTH 22°55'34" WEST, 77.22 FEET" AS SHOWN ON SAID PARCEL MAP NO. 15400, SAID POINT BEING THE SOUTHERLY CORNER OF SAID LOT 12 AS SHOWN ON MAP NO. 15996; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, NORTH 22°24'45" WEST, 52.89 FEET TO THE BEGINNING OF A 77.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'28", AN ARC DISTANCE OF 25.99 FEET; THENCE SOUTH 86°55'45" WEST, 23.29 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 12; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 33°58'58" WEST, 50.02 FEET TO THE NORTHWESTERLY LIEN OF SAID LOT 24; THENCE ALONG SAID NORTHWESTERLY LINE; SOUTH 55°59'20" WEST, 400.00 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 24; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 24, SOUTH 33°58'58" WEST, 160.05 FEET TO THE POINT OF BEGINNING. APN: 156-212-11-00 and 156-212-44-00 Rrst American Title