HomeMy WebLinkAboutMS 14-05; Blackburn Trust and Detrich Trust; 2016-0567107; Hold Harmless Agreement/Release5t
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
DOC# 2016-0567107
1111111111111111111111111111111111111111111111111111111111111111111111
Oct 20, 2016 02:17 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSQ,R'S PARCEL NO.: 206-150-12-00
~~ ) PROJECTID: ~M~S--14_-~05~~~--------
~ PROJECT NAME: Hoover Street Minor
Subdivision
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 489-5A) 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, 1/(We) Robert E. Detrich
and Michelle A. Detrich, Trustees of the Robert E. Detrich and Michelle A. Detrich Trust
Agreement Dated November 29, 2005, as to an Undivided % interest and Robert S. Blackburn
and E. Elaine Blackburn, Trustees of the Robert S. and E. Elaine Blackburn 1994 Trust Dated
September 6, 1994, and any amendments thereto, as to an undivided % 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
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
1
I\FILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
2
IIFILES01V\DepartmentsiCED\LandDeviPROJECTS\MS\MS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this _j_ day of
C:t;Jchel , 2o_l_y
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
OWNER(S)
Robert E. Detrich and Michelle A. Detrich, Trustees of the
Robert E. Detrich and Michelle A. Detrich Trust Agreement
Dated November 29, 2005, as to an Undivided ~ interest
and Robert S. Blackburn and E. Elaine Blackburn,
Trustees of the Robert S. and E. Elaine Blackburn 1994
Trust Dated September 6, 1994, and any amendments
thereto, as to an undivided ~ interest
By: /2JJ £ 1Ji1:i;UL ~ (sign here)
Robert E. Detrich, Trustee
(print name and title}
Date: I 6 ...-9-/ 0
By: '-[)Vu)u_Ue Q_ ~1._.
Date:
By:
Date.
By:
Date:
3
(sign here)
Michelle A. Detrich, Trustee
(print name and title)
~---h---)-----
Robert S. Blackburn, Trustee
(print name and title)
I o / '1 l £-o 1 0
E. Elaine Blackburn, Trustee
(print name and title)
to I 'f I ;z~ 16
~7
\\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&A\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.
who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is/a(Ei)
subscribed to the within instrument and acknowledged jQ me that he/she~xecuted the same in
his/her/~thorized capacit~nd that by his/hefil.tb.e.W signatur~n the instrument the person IS/.:.-~
or the entity upon behalf of which the perso~acted, executed the instrument.
Place Notary Seal Above
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 __ _ a
Signature of Notary Pub/
-----------------------------OPTIONAL-----------------------------
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:----·~--------Signer's Name:
0 Corporate Officer -Title(s): ______ _ 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 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator 0 Trustee D Guardian or Conservator
0 Other: D 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
\IFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
Exhibit 'A'
LEGAL DESCRIPTION
Order Number: NCS-658965-SD
Page Number: 6
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOTS 6 AND 7 OF BLOCK "B" OF BELLA 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.
EXCEPTING THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 7; THENCE SOUTH 63° 49' EAST
ALONG THE NORTHERLY SIDE OF SAID LOT 7 A DISTANCE OF 154.10 FEET; THENCE SOUTH
26° 11' WEST 193.39 FEET TO A POINT ON THE SOUTHERLY SIDE OF SAID LOT 7, SAID POINT
BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 465.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 155.28 FEET TO THE MOST WESTERLY
CORNER OF SAID LOT 7; THENCE NORTH 26° 11' EAST ALONG THE NORTHWESTERLY LINE
THEREOF, 205.37 FEET TO THE POINT OF BEGINNING.
APN: 206-150-12-00
Rrst American Title Insurance Company