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Home My WebLink AboutCDP 2017-0044; 1991 Robert and Sylvia Thompson Family Trust; 2019-0061105; Hold Harmless Agreement/ReleaseRECORDING 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# 2019-0061105 111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111 Feb 21, 2019 08:30 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0 00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS:JSOR'S PARCEL NO.: 207-073-10-00 / PROJECT ID: CDP 2017-0044 i, J,SQ PROJECT NAME: Thompson Geesbreght ADU ~ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 511-6A ) 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) 1991 Robert and Sylvia Thompson Family Trust, dated February 1, 1991, Robert G. Thompson and Sylvia S. Thompson, Trustees and settlers, as community property, the owner(s) of said property, and Andrew Geesbreght and April Cushman, as co-trustees, 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 1 IIF ILES01V\Departments\CED\LandDevlPROJECTS\CDP\CDP2017\CDP2017-0044 Thompson Geesbnght Guest House -RicklB&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 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 of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0044 Thompson Geesbright Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, j..:::f day of Rbr kv:tty APPROVED AS TO FORM: CELIA BREWER City Attorney By~ av RON KEMP Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 2oj_Cj OWNER(S) 1991 Robert and Sylvia Thompson Family Trust, dated February 1, 1991, Robert G. Thompson and Sylvia S. Thompson, Trustees and settlers, as community,~:p /~~rty By: &A,/' gnhere) Andrew Geesbreght, Co-Trustee (print name and title) Date: 2-/-11 By: man, Co-Trustee rint 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.) 3 \\FILES01V\Departments\CED\LandDevlPROJECTSICDPICDP2017\CDP2017-0044 Thompson Geesbright Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, \ t,1--~ ~ __ day of -rd) { \Att~ APPROVED AS TO FORM: CELIA BREWER City Attorney By:Wo!r Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 2ojJ. OWNER(S) 1991 Robert and Sylvia Thompson Family Trust, dated February 1, 1991, Robert G. Thompson and Sylvia S. Thompson, Trustees and settlers, as community property By: Date: By: Date: April Cushman, Co-Trustee (print name and title) 2/1/2-0\9 I I (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 \\FILES01V\Departments\CED\Land0ev\PROJECTSICDPICDP20171CDP2017--0044 Thompson Geesbrighl Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 ,efll)~e__ CALIFeANIA 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 Galifo,, ,ia T.i 't"'-' t;S,c.c.... County of U..-~s~~------- Sean Gordon1Mftt,Y fi,,bN my commission expires On Ol-/ • (f i.-/ff __ before me, --------~M=ay.L---'-02~,_2_02_2 ___ _ Date Here Insert Name and Title of the Officer personally appeared ----------~A.-p~'"-' \~_L_'-'_S_h_n"'\ __ C\~.,-,-------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of Caiijcrnia that the foregoing paragraph is true and correct leJ\n t~ WITNESS my hand and official seal. Signature5~~- Signature of Notary Public Sean Gordon my commission expires May02,2022 ---------------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: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(les) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General □ Individual D Trustee □ Attorney in Fact □ Guardian or Conservator □Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited □ General D Individual □ Attorney in Fact D Trustee D Guardian or Conservator D Other: ____________ _ Signer Is Representing: ________ _ '<,'<'-<;c<;'C(,'C<.,'C<,'C(,""<,'C<;'C(;,'C(,<X.;a;,u;,"c,;,=,;c,,:c'-'='C<.,'C<',"='C<,=o;;=x,,:;,:,'C<.,~'C<,:c-<,'C(,~x.x,;<.:<.,-=-,'C<.,~:<:,'C<;<::<.,C(,'"~C<,<x< <¢)2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 1\FILES01 V\DepartmentslCED\LandDevlPROJECTSICDPICDP20171CDP2017-0044 Thompson Geesbright Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREdoc 01/25113 EXHIBIT A LEGAL DESCRIPTION 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 I: THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 18, CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THENCE SOUTH 87° 39' 10" EAST, ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 18 A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID EASTERLY PROLONGATION SOUTH 87° 39' 10" EAST 125 FEET THENCE SOUTH 9° 38' 10" EAST 153.34 FEET THENCE NORTH 87° 39' 10" WEST 225 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID LOT 18, CARLSBAD HIGHLANDS WHICH BEARS SOUTH 9° 51' WEST 151.10 FEET FROM THE SAID NORTHEASTERLY CORNER OF SAID LOT 18? THENCE NORTH 9° 51' EAST TO THE ARC OF A 60 FEET RADIUS CUR VE CONCA VE NORTHWESTERLY lN THE BOUNDARY OF LAND DESCRIBED IN DEED TO MILTON M. GAIR, ET UX, RECORDED SEPTEMBER 15, 1959 AS DOCUMENT NO. 189365, OF OFFICIAL RECORDS THENCE ALONG SAID BOUNDARY EASTERLY AND NORTHEASTERLY ALONG SAID CURVE, 92.14 FEET, MORE OR LESS, THROUGH AN ANGLE OF 87° 59' 28", MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINE AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 30 FEET OF THE NORTHERLY 150 FEET OF LOT 18 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 18, 1950, THE SOUTHERLY LINE OF SAID NORTHERLY 150 FEET BEING PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID DOT 18. THE EASEMENT HEREIN DESCRIBED IN HEREBY DECLARED TO APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF PARCEL NO. 1 ABOVE. APN: 207-073-10-00