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HomeMy WebLinkAboutPD 14-03; Javaheri, Henry R and Efi; 2015-0139954; Hold Harmless Agreement/ReleaseDOC# 2015-0139954 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 Mar 25, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr. SAN DIEGO COUNTY RECORDER FEES: $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID / PROJECT NAME RELATED PROJECT ID: 215-492-02 PD 14-03 Javaheri Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 481-1 A) and improvement plans (n/a) 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, l/(We) , Henry R. and Efi Javaheri, 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 \\FILES01\ADepartments\CED\LandDev\PROJECTS\PD\PD 14\PD 14-03 Javaheri - Rick\Bonds and Agreement5\H0LD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 \\FILES01\ADepartments\CED\LandDev\PROJECTS\PD\PD 14\PD 14-03 Javaheri - Ricl<\Bonds and Agreennents\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc IN WITNESS WHEREOF, the undersigned has executed this instrument this \^^^ day oi^nJaVKj 20J$ OWNER(S) Henry Javaheri, Trustee of the Javaheri Family Trust, initially created 3/25/06 '^ 'j^ - (sign here) Henry Javaheri, Trustee of the Javahed. Trust, initially created 3/25/06 (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: (sign here) Efi Javaheri, Trustee of the Javaheri Family Trust, initially created 3/25/06 (print name and title) Date: RON KEMP 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.) \\FILES01V\Departmenls\CED\LandDev\PROJECTS\PD\PD 14\PD 14-03 Javaheri - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other 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. State of California County of _ _ before Date personally appeared ) me. Ash NicMe. Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor>(s)-wfhose name(e) is/are subscribed to the within Instrument and acknow/ledged to me that he/sMVney executed the same in h\s/hff^#mr authorized capacityftesjr and that by his/hssAlwir signatur€|(s)^n the instrument the personfa^ or the entity upon behalf of which the person(sHicted, executed the instrument. ASH NICKLE COMM. # 2002830 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY COMM EXP, JAN. 3,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand am Signature Signature of Notary Pubiic Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 \\FILES01V\Departments\CED\LandDev\PROJECTS\PD\PD 14\PD 14-03 Javaheri - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HERHN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CAQFORNIA, AND IS DESCRIBED AS FOLLOWS: 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 OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 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 CAUFORNIA, IN PATENT RECORDED APRIL 12, 1954, IN BOOK 3212, PAGE 490 OF OFFIQAL 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 TO AND WAS QUITCLAIMED BY THE STATE OF CAQFORNIA TO LA COSTA LAND COMPANY, BY A QUITCLAIM RECORDED JUNE 30, 1971, AS FILE NO. 141047 OF OFRCIAL RECORDS. ALSO EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WTTHIN RVE MILES OF THE PROPERTY, OTTiERWISE 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 M. GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF IN DEED RECORDED JUNE 27, 1960, AS RLE NO. 129955 OF OFRCIAL RECORDS.