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HomeMy WebLinkAboutMS 2019-0001; Murray, Ethan Andrew; 2020-0609164; Hold Harmless Agreement/ReleaseDOC# 2020-0609164 111111111111111111111111I1111111111111111111111 II 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. /// 2 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.) 3 Q: \GED\ LandDey\PROJECTS \MS \MS2019 \MS2019-0001 Murray Residences- Chua (See CDP 2019-0028)\B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 eged61!MftafibetekatItiatabae ngtek_ 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