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HomeMy WebLinkAboutPD 02-02; Gustafson, Neal; 2002-1096934; Hold Harmless Agreement/ReleaseDOC # 2002-1096934 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIFb RECORDS 9% DIEGO C@.INTY RECORDER'S OFFICE FEES: 0.00 GREGORY J. SMITHY CMTY RECORDER SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 215-493-04-00 PROJECT NO. & NAME: PD 02-02 Gustafson Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (Dwg. No. 401-1A) for development to occur on property described as attached Exhibit "A" more particularly described as (APN No. 215-493-04-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Neal Gustafson, 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. Rev. 12/06/98 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of OC%(5C- I 20- a+ PROPERTY OWNERS Neal Gustafspn By: (sign iere) Neal Gustafson, Owner (print name and title) ~ Date: By: (sign here) ~~~ (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offcer(s) signing to bind the corporation.) I 2 Hmvdopmenl ServcieslMaslerslBMlds & AgreernenWHdd Harmless AQt Geological Failure Rev. 12/08/98 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10-04-2002 before me, David GOetsch I Date Name, Title of Officer - e.g. “Jane Doe, Notary Public” personally appeared Neal Gustafson J personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)@are subscribed to the within instrument and acknowledged to me tha@she/they executed the same in@ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Name@) of Signer(s) Signature 6f Notary OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 Individual(s) 0 Corporate Officer(s) Title(s) 0 Partner(s) 0 Limited 0 General Attorney-in-Fact u Trustee(s) Title or Type of Document ~ ~ ~~ Number of Pages 0 Guardian/Conservator 0 Other: Date of Document SIGNER IS REPRESENTING: Name of persons or entity(ies) Signer@) Other than Named Above MSCALPA.02-CA060194 EXHIBIT “A” LEGAL DESCRIPTION Lot 59 of Carlsbad Tract No. 75-4 La Costa Estates North, in the City of Carlsbad, County of Sari Diego, State of California, according to Map thereof No. 8302, filed in the Office of the County Recorder of San Diego County on May 5, 1976. Except therefrom 1 /16th of all coal, oil, gas and other mineral deposits contained in the East Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, as reserved by the State of California in Patent recorded April 22, 1954, in Book 521 2, Page 400 of Official Records, the right to the use of the surface, including its right to enter such lands to a depth of 500 feet below the surface was released and was Quitclaimed by the State of California to La Costa Land Company by a Quitclaim recorded June 30, 1971, as File Page No. 141047 of Official Records. Also except one-half interest in oil and mineral rights, for a period of 20 years from date of recommendation to be continued if oil or mineral shall be developed within five miles of the property, otherwise to revert to the land. Rights of exploration shall not be included, however, slant drilling may be made from an adjoining property, provided that this drilling be at least 100 feet in depth measured anywhere on the above described, in Lots 3 and 4 West Half of the Southwest Quarter Section 30, Township 12 South, Range 3 West and the East Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian, according to United States Government Survey as reserved by Germain M. Graef, Horace L. Graef and Robert W. Graef in Deed recorded June 27, 1960, under Recorder‘s File No. 1 29955 of Official Records.