HomeMy WebLinkAboutMS 2019-0001; Murray, Ethan Andrew; 2020-0609164; Hold Harmless Agreement/ReleaseDOC# 2020-0609164
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Oct 08, 2020 12:01 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-160-13-00
PROJECT ID: MS2019-0001
PROJECT NAME: Murray Subdivision
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of an improvement plan (DWG 524-9) 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)
Ethan Andrew Murray, Trustee of Ethan Andrew Murray Living Trust, Dated November 8, 2019,
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
PACED\ LandDey \PROJECTS\ MS\ MS2019 \MS2019-0001 Murray Residences- Chua (See CDP 2019-0028) \ B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE doc 01/25/13
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
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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QACED\LandDe \APROJECTS \ MS \ MS2019 1 MS2019-0001 Murray Residences- Chua (See CDP 2019-0028) \B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
By:
IN WITNESS WHEREOF, the undersigned has executed this instrument this
II day of P1/4-11/4) , 20-2-° .
OWNER(S)
Ethan Andrew Murray, Trustee of Ethan Andrew
Murray Living Trust, Dated November 8, 2019
By:
Ethan Andrew Murray, Trustee
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
Assistant City Attorney
City of Carlsbad
(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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FAILURE.doc 01/25/13
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DARE N VASS
COMM. #2264054
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
My Comm. 4ires November 21, 2022 k
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS myjaiihc1 official seal.
Signature of Notary Public Place Notary Seal and/or Stamp Above
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
141111181MOINIIRMISIMBIKINSIBMISI
A notary public orother 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.
40.040011-.;
State of California
County of
11 " 644 rr 1/4 1%)64'fi'4144" 14- On before me,
In ere sert Nam) and Title of the Officer *tiw *4 /suit 1-0-4/
who proved to me on the basis of satisfactory evidence to be the person(9) whose name(6) is/aye subscribed
to the within Instrument and acknowledged to me that he/speithey executed the same In his/her/tYfeIr
authorized capacity(19s), and that by hIs/hOltheir signature(s) on the Instrument the person(, or the entity
upon behalf of which the person(s) acted, executed the Instrument.
Signature
02019 National Notary Association
4
()ACED\ LandDev \ PROJECTSNMS MS2019 \ MS2019-0001 Murray Residences- Chua (See CDP 2019-0028) \B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
Name(s) of Signer(s)
Date
personally appeared
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Itirrr
oAcy /iAiJ•/00 letsbal..4404it,
Title or Type of Document: V 14'
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).
o Partner — 0 Limited o General
O Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer's Name:
0 Corporate Officer — Title(s):
O Partner — o Limited 0 General
O Individual 0 Attorney In Fact
O Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 21 IN BLOCK 'E' OF BELLAVISTA, 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 07, 1929.
APN: 206-160-13-00