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HomeMy WebLinkAboutPD 03-06; Javaheri, Henry R. and Efi; 2007-0781658; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2007-0781658 DEC 19, 2007 1:16PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0,00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: JAVAHERI RESIDENCE 215-492-02 PD 03-06 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 413-3A) and for development to occur on property described as Exhibit "A", more particularly described as (APN No. 215-492-02), and other good and valuable consideration, receipt of which is hereby acknowledged, We, Henry R. Javaheri and Efi Javaheri, husband and wife as joint tenants, 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 1 H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 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 f}o 1/i.m Le,r __ 2001. PROPERTY OWNERS Henry R. Javah&hsmd-BFi Javaheri,* ^"--,, ^^^—*-„ Husband and wife as joint tenants J (sign here) (print name and title) Date: (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy City Attorney (Proper notarial acknowledgment 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 officer(s) signing to bind the corporation.) H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 State of California ) ) County of San Diego ) On \V rl^C"^f\ before me. "PfV.Hfcw (Date) l\ <r^ x<"personally appeared " -H £>VV/fvA -K • ) &o Jl^^Xs A©:'VU/ru. PuJbUc 1 (Narn^j Title of Officer) IA/ fiJA^V^ (_ O^W^cA (Name[s] of Signer[s]) , B'Dersonallv known to me -OR • (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/(£Sfe}subscribed to the within instrument and acknowledged to me that he/she/tfieV) executed the same in his/her/{|Teh>authorized capacity(ies), and that by his/her^fiejT) signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary F.A.HENKELS COMM. # 1578810 -\ NOTARY PUBUC-CAUFORHIAQ , SAN DIEGO COUNTY 0 MY COMMISSION EXPIRES-* MAY 14,2009 (This area for official notary seal) i , , I r\ Title or Type of Document ~Tic9tA n-ia^fVvXt&s \\ty$^V?*±J^X' Date of Document ^0 No. of Pages Signer(s) other than named above H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 EXHIBIT "A" Lot 107 of Carlsbad Tract No. 75-4, La Costa Estates North, in the City of Carlsbad, County of San 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. Excepting 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 12, 1954 in Book 3212, Page 490 of Official Records, the right to the use of the surface, including the 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 No. 141047 of Official Records. Also Excepting one-half interest in oil and mineral rights for a period of 20 years from the date of recommendation to be continued if oil or minerals 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 land, as reserved by Germain C. Graef, Horace L. Graef and Robert W. Graef, in deed recorded June 27, 1960, under Recorder's File No. 129955 of Official Records. Assessor's Parcel No: 215-492-02