HomeMy WebLinkAboutPD 2018-0031; Huelsebusch, Melody; 2019-0126634; Hold Harmless Agreement/ReleaseX
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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
DOC# 2019-0126634
111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111
Apr 09, 2019 01 :37 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (S82 Atkins $0.00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A~SOR'S PARCEL NO.: 156-163-13-00 (>cJtJ PROJECT ID: _P_D_2_0_1_8-_0_03_1 ____ _
-PROJECT NAME: Huelsebusch Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 514-9A) 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, I/(We) Melody
Huelsebusch, as Trustee of the Melody Huelsebusch 2004 Separate Property Trust, 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
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IIFILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 2018\PD2018-0031 Huelsebusch Residence -Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
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.
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1\FILES01V\DepartmentslCEDILandDev\PROJECTSIPDIPD 2018\PD2018-0031 Huelsebusch Residence-Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
IN WITNESS WHEREOF,
;J/ day of 1J/~
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By}!LPJ_~
RON KEMP
Assistant City Attorney
City of Carlsbad
the undersigned has executed this instrument this
, 20J!t.
OWNER(S)
Melody Huelsebusch 2004 Separate Property Trust
By~
Melody Huelsebusch, Trustee
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
(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.)
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IIFILES01V\DepartmentslCED\LandDev\PROJECTSIPDIPD 2018\PD2018-0031 Huelsebusch Residence -Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 San Diego }
On ___ M_a_rc_h_2_1-'-,_2_0_19 __ before me, ....:L=-=-·...:..H.:..::a::c..h:..:.cn ________________ , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Melody Huelsebusch
~-,· @ L. HAHN
Notary Public -California
Sdn Diego County
Cornrnisiion # 2212799
My Comm. Expires Sep 5, 2021
Place Notary Seal Above
z .z ,,.
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to
be the perso~ whose name(~ is/are subscribed to the
within instrument and acknowledged to me that-he/she/they
executed the same il'l-ffl9/her/tl=tei¥ authorized capacity(ies},--
and that by~her/their signature(«') on the instrument the
person(g'), or the entity upon behalf of which the persoff(t)
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 my~h d ~d ffi ial :
Signature ~-~
Sig ure No utl1 -~
OPTIONAL
Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: --------------------------------
Document Date: __________________ _ Number of Pages: ________ _
Signer(s) other Than Named Above: __________________________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: _____________ _
□ Individual
D Corporate Officer -Title(s): ________ _
D Partner D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: _______ _
Signer is Representing:
RIGHT THu~IBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
□ Individual
D Corporate Officer -Title(s): ________ _
D Partner D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: ______ _
Signer is Representing:
RIGHT THW,IBPRINT
OF SIGN::~
Top of thumb here
EXHIBIT "A"
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED
OCTOBER 25, 1875, BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT 117 IN CARLSBAD LANDS, DISTANT
THEREON NORTH 89" 57' 00" WEST, 147.01 FEET FROM THE NORTHEASTERLY CORNER OF SAID
TRACT 117, AS SHOWN ON MAP NO. 1661 OF CARLSBAD LANDS, RECORD OF SAN DIEGO
COUNTY; THENCE NORTH 00° 55' 00" WEST, 342.53 FEET TO THE NORTHEASTERLY CORNER OF
THAT PORTION OF SAID NORTHWESTERLY QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO LOUIS P. AND ANNIE
HOFFMAN, BY DEED DATED APRIL 16, 1930 AND RECORDED IN BOOK 1763, PAGE 358 OF DEEDS;
THENCE ALONG THE NORTHERLY LINE OF THE LAND SO CONVEYED TO HOFFMAN, SOUTH 89° 52'
38" WEST, 69.50 FEET; THENCE NORTH 00° 55" 00" WEST, 322.42 FEET; THENCE SOUTH 89°-42' 15"
WEST, 72.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 42' 15"
WEST, 100.00 FEET; THENCE SOUTH 00° 55' 00" EAST, 170.00 FEET; THENCE NORTH 89° 42' 15"
EAST, 100.00 FEET; THENCE NORTH 00° 55' 00" WEST, 170.00 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET .
..,.END OF LEGAL DESCRIPTION,...