HomeMy WebLinkAboutPD 2020-0008; Church, Barry and Shanna; 2021-0167101; Hold Harmless Agreement/ReleaseDOC# 2021-0167101
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Mar 03, 2021 04:14 PM
OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT ID:
PROJECT NAME:
206-200-04-00
PD2020-0008
Church Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 524-6 & 524-6A) 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, 1/(We)
Barry A. Church and Shanna L. Church, Trustees of the Church Family Trust, dated September
19, 2019, 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
OACEDILandDeNAPROJECTSTD PD 20.20 PO2020-0008 Church Residence - Chua1B&AHOLD 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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QACED\LandDelAPROJECTSTIAPD 2020\ PD2020-0008 Church Residence - Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
Assistant City Attorn
City of Carlsbad
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of SAAtike-Y ,
OWNER(S)
Barry A. Church and Shanna L. Church, Trustees of
the Church Family Trust, dated September 19, 2019
By: AD
(sign here)
-
Barry A. Church, Co-Trustee
Date:
By:
(print name and title)
I — - d- I
sigh here)
Shanna L. Church, Co-Trustee
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
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.)
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QACED\LandDeAPROJECTS\PDTD 20201K/2020-0008 Church Residence - Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
State of California
County of --CA1`•
On 0 ly Otl .101-1
/ Dote
personally appeared Sik/ i141 L. • Ctitirar
before me, ( (--(1 11- 1111CY1-4 11 1 T3(4 1
Here Insert Name and Title of the Officer
Signature
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to cm unintended document.
Desc ion of Attached Document
Title or of Document:
Document Dat
Signer(s) Other Tha amed Above:
Capacity(ies) Claimed b igner(s)
Signer's Name:
0 Corporate Officer — Title(s):
O Partner 0 Limited o General
O Individual o Attorney In Fact
o Trustee 0 Guardian or Conservator
o Other:
Signer is Representing: _
um er ages:
tie(s):
El Attorney in Fact
0 Guardian or Conservator
0▪ Other:
Signer is Representing:
Signer's Name:
o Corporate Officer —
'
El Individual
o Partner — 0 Lim d o General
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public o r other officer completing this certificate verifies only the identity of the individual who sig ned the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
1314a:ie(s) ole iree
ro p
1
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.
JON SCOTT
Comm.# 2245614 NOTARY PUBLICS CALIFORNIA
SAN DIEGO CouNre
NY Cola EXP. Jur 4, 2022
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 and official seal.
Place Notary Seal and/or Stomp Above Signat e of Notary Public
(1-:)2019 National Notary Association
4
°ACED\ LandDev TROJECTSTD \PD 202G\ PC2020-0008 Church Residence - ChuaS&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
THE WESTERLY 75 FEET OF THE EASTERLY 150 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152,
FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, THE SIDE
LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 150
FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET
BEING MEASURED AT RIGHT ANGLES FRON THE WESTERLY LINE OF SAID EASTERLY 150 FEET.
APN: 206-200-04-00