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HomeMy WebLinkAboutPD 14-02; Dominic and Kimberly Burns; 2014-0260603; Hold Harmless Agreement/Release5P He DOC III 2014-02G0G03 llllllllllllllllllllllllllllllllllllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY JUN 23, 2014 4:59 PM OF CARLSBAD WHEN RECORDED MAILTO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1 Illlli lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll llll llll 1200 Carlsbad Village Dr. 1 mill lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll mil nil nil Carlsbad, CA, 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-060-80-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE PD 14-02 BURNS RESIDENCE 3330 HIGHLAND DR RELATED PROJECT ID: N/A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of grading plan (DWG 482-4A), for development to occur on property more particularly described as attached exhibit A, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We), Dominic Burns and Kimberiy Burns, 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 talcing 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 worIc 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 1 Q:\CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_GR140017,doc 01/25/13 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 ofthe property described herein. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS WHEREOF, the undersigned has executed this instrument this 2 Q:\CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEIWENT GEOLOGICAL FAILURE_GR140017.doc 01/26/13 20 J4 OWNER(S) Dominic Burns and Kimberiy Burns, hi|[sband and wife as joint tenants By: (sign here) Dominic Burns, owner (print name and title) Date; 3' ^ 31 ' By: ,,y' / (sign here) v Kimberiy Burns, owner (print name and title) Date: ^ypN APPROVED AS TO FORM: CELIA BREWER City Aitomey ONKEIVIP Assistant City Attorney (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:\CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_GR140017,doc 01/25/13 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 205-060-80-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel B" Of Parcel Map No. 20175, In The City Of Carlsbad, County Of San Diego, State Of California, Filed In The Office Of The County Recorder Of San Diego County IWay 7. 2010, Excepting Therefrom That Portion of Said Parcel 8" De8Cfil)ed As Follows; Beginning At The IWost Northerly Comer Of Parcel "A Of Said Parcel Map No. 20775; Thence Along The Boundaries Of Said ParoeKS) "A" And 'B' South 38«38'07 East 44.20 Feet And North 51'21'53" East 18.00 Feet To An Angle Point In The Boundary Of Said Parcel(S) "A" And "B; Thence Leaving Said Boundary Along The Northwesterly Prolongation Of The Most Northeasterly Une Of Said Parcel "A", North 38'38'07' West 4283 to A Point Of Intersection With The Northeasterly Prolongation Of The Northwesterly Une Of Said Parcel •A";Thence Along Said Northeasterly Prolongation South 55«57'42 West 18.06 Feet To The Point Of Beginning. Said Legal Is Pursuant To That "Certificate Of Compliance For Adjustment Plat And Shown As Lot/Parcel "B" Recorded June 7, 2013, As Instmment No, 2013-0359790 Of Office Records. Copyright American Umd Title Associatioa Ali rigtits rasenNtd. The use of this Fbmt is restricted to ALTA licensees and ALTA membere in good standlr« as of the date of use All other uses are proha>ited. Reprinted under license torn the American Land Title Association. ALlALosnPollcy(06fl7/2006) Printed: 03.26.146 M?18PM Paoe 6 of 14 CA-Cr-FWKO^)2180.055860-SPS-72307-1-14-58701400018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. } On //i^U/f <M I. avm- before me, MjOiT!^ iM^.i^Wl NMT^S' f^iyie>uC *• ^—Date-' /— . . ' hire Insert lto<fie and Tito of the Officer personally appeared l^Omini 'o 3lAKAS oM KimhejiylLf ^K/lT ^ 'r-r Name(s) o! Signeits) / ~~ ALICIA M. HAYES Commission # 1961786 Notary Public - California 1 Wm 1 ^^'^9° County g i My Comm. Expires Dec 23,2015 L Race Notary Seal Aboi/e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^re)feubscribed to the within iflgtrument and acknowleaged to me that t»©istM^^)executedthe same in&i^»ii^h5r)iuthorized capacity(ies), and that by Iw6i*ie(^e^ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rn^Moji ?nd offieial seal. .•.,„.i..PmFj.a yyi.uiiyjz^ ^ ^ Signalure a Notary Public yi OPTIONAL ^ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . ^ Title or Type of Document:. Document Date:. Signer(s) Other Than Named Atrave: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer —Title(s): _ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT Top Of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 Nattonal Notary Asso<*tlon'9350 06 Soto Ave., R0.B« 2402 •Ctiatsworlft.CA 91313-2402•www.NattonalN<^.org ltem«S907 Reorder: Call Toll-fiae 1-800-876-6827 Q:\CED\LanciDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_GR140017.doc 01/25/13