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HomeMy WebLinkAboutPD 2021-0003; Bridgen, Ian and Trishell; 2021-0356326; Hold Harmless Agreement/ReleaseDOC# 2021-0356326 11E111111 lit 11i1I1 Illi1111 11 111111111111111 1111 MI May 10, 2021 09:15 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.; SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES- 5 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: 213-290-09 PD2021-0003 Brigden Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 529-3A) 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) Ian Marc Brigden and Trishell Dawn Brigden, Trustees of the Ian and Trishell Brigden Family Trust dated July 6, 2015, 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 1 OACED1LandDeuTROJECTSTCAPD 2021TD2021-0003 Brigden Residonce - & N.How HARMLESS AGREEMENT GEOLCGICAL FAILURF..dnc 01/25i'.3 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. /// QACEDILandUmAPROJECTSTCAPO 2021 \ PD2021-0003 Brigden Residence - Elias4.13 & AtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.dcc 01125/13 OWNER(S) Ian Marc Brigden and Trishell Dawn Brigden, Trustees of the Ian and Trishell Brigden Family Trust dated July 6, 2015 By: (print name and title) Date: By: 61/ IN WITNESS WHEREOF, the undersigned has executed this instrument this day of Ian Marc Brigden, Trustee Trishell Dawn Brigden, Trustee (print name and title) Date: ?-I APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Attorney City of Carlsbad (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 QACEDIsedDe,APROJECTS,PD'T'D 2021%02021-0003 Belden Residence - Elias'43 & A',FIOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc C1/25113 EVAN WILSON Notary Pub!ic - California San Diego County Commission A' 2323428 My Comm, Exolres Mar 28, 2024 Place Notory Seal and/or Stamp Above Pgnature of Wetly Public cALJFORN IA ACKNOWLEDGMENT CIVIL CODE § 1189 1 A notary pubric or other officer completing this certificate verifies only the identity of the individual whesigned the document to.'which this Certificateis attached, and not the truthfulness, accuracy; ervalidity of that document. State of CallAila _ County of pep, 0.1.0til_07 riA0 ) cleo who proved to me on the basis of satisfactory eVIdende to betheperscin(S) whaTe narriecs) Is/are subscribed tei the within Instrument and acknowledged to me that he/she/they executed the same lb his/her/their authorized capacityCies), and that by his/her/their signature(s) on the Instrument the persor(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. before me, "1-47‘ re I V )) Date Herelnsort Horne and Title of.th4 Officer personally appeared "EA ' rt 13 (106en lir_fcke j, net6t,,st)4ofSkgper(s),. Vn I certify i,inder PENALTY OF PERJURY under the laWs of the State of California thatthe foregoing paragraph rs.true and. correct. WITNESS My hand and official .SIgnattire - OPTIONAL Completing this information can deter alteration crfthe.document or fraudulent reattachment' of this form to.an.unintended document Description of Attached Document Title or Type of Docurnent:1-t. I At 1,7 / cy DocumentDate:C,1 y2-0 Z Signer(s) Other Than Named Above: ete--11- efileyfi.e/ IWI Numbetof Pages;.... Capacity(les) Claimed by Signer(s) Signer's Name: 0 Corporate OffiCer — Title(s): O Partner — ci Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian Of CanServator 0 Other: Signer is Representing: ©2019 National Notary'Association Signet's Narne: , 0.CprppratO Officer — Title(s): O ..1)E1(00r. — 0 LIrrtitad o General Itidivrclual 0 Attorney in Fact .0 Trustee 0 Guardian or Conservator D Other: .Signer Is Representing: -.1tAcktERISIIMEIO 4 0: CED1LandDevTROJECTSTIYPD 2021'.P02021-0003 Brigdon Rnsidonce - Elias'..B & AI.FIOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125P13 Order No. 00130205-992-301 -KM4 Policy No. CATSDG-IMP-27451-1-29-001 30205 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 72 OF CITY OF CARLSBAD TRACT NO. 04-09 LA COSTA GREENS NEIGHBORHOOD 1.17, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15161, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 31, 2005. EXCEPTING UNTO GRANTOR HEREIN, ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, ALL OIL: OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL CAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT. HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 2: A NONEXCLUSIVE EASEMENT ON AND OVER THE COMMUNITY ASSOCIATION PROPERTY DEFINED IN THE DECLARATION REFERRED TO BELOW, FOR ACCESS, USE, ENJOYMENT, INGRESS AND EGRESS TO THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION. THIS EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE. PARCEL 3: NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, MAINTENANCE, REPAIR, REPLACEMENT, DRAINAGE, ENCROACHMENT, SUPPORT, AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION DESCRIBED HEREINBELOW. THIS EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE. APN' 213-290-09-00 27451 ALTA Homeowner's Policy of Title Insurance (12-2-13) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land 'Title Association. =Li •Z"