HomeMy WebLinkAboutMS 16-09; Taylor, Matthew; 2017-0422090; 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# 2017-0422090
11111111111111111111111111111111111111111111111 IIIII ll1111111111111111
Sep 14, 2017 11:46 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $27 00
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A@S SOR'S PARCEL NO.: 204-232-18-00
PROJECT ID: MS 16-09 ~ PROJECT NAME: 167 Cherry Ave Duplex
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 505-9A ) 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) Matthew Taylor,
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
damage to public improvements caused by any geological failure referred to in this agreement
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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.
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IN WITNESS WHEREOF,
z__z._ day of A----jdl :z +
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
111n i /l
By: /'(U(J Lf!~t=
RON KEMP I
Assistant City Attorney
City of Carlsbad
the undersigned
, 20 /?-.
has executed this instrument this
OWNER(S)
Matthew Taylor, an unmarried man
By:
Date:
By:
Date:
/ (sign here) /
Matthew Taylor
(print name and title)
(sign here)
(print name and title)
?
(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.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or otl,er 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. 1
State of Califo~ia
County of ,?(V\ D; e O(J
'--• I
On Aut>Us-j 'Z l.; 2.o Y1
)
<)
J Date
before me, _ .. _J._c-'--"d'--n------'"'c______r_J_S_+_c,+--(-,, _P_• ____ (_.~_I_J_s_,,___M_o_t_o_r---+----'--Pz_u_b_i (
j I '-./' Here Insert Name and Title of the Office
personally appeared ~/1/ __ ._c._,-+_f_Vl_,e_w ___ ( r_,_11+-i_u_v _________________ _
:J Name(s) of Signer(s) ----------:-______ __: ___________ _
who proved to me on the basis of satisfactory evidence to be the person(:.1' whose name(-81 is/E¼ffl-
subscribed to the within instrument and acknowledged to me that he/~ey executed the same in
his/fler/the+r authorized capacity(~. and that by his/~r signature(s) on the instrument the person(gj',
or the entity upon behalf of which the person.(g) acted, executed the instrument.
~············f SCOTT CHRISTOPHER CHILDS
: '" ·• Notary Public -California z i San Diego County !
Commission # 2166871
My Comm. Expires Oct 6, 2020
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and offic~97se
/
---------------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: ____________ _
D Corporate Officer -Title(s): ______ _
D Partner - D Limited D General
D Individual
DTwstee
D Attorney in Fact
D Guardian or Conservator
LJ Other: _____ _
Signer Is Representing: _________ _
Signer's Name: _______________ _
D Corporate Officer -Title(s): ______ _
D Paiiner -D Limited D General
D Individual n Attorney in Fact
D Trustee D Guardian or Conservator
rJ Other:
Signer Is Representing: _________ _
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,c;2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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EXHIBIT 'A'
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT "F" AND THE SOUTHWESTERLY 5 FEET OF LOTS "A" AND "B" IN BLOCK 2 OF
PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924.
APN: 204-232-18-00