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HomeMy WebLinkAboutCDP 2017-0064; Slowik, Sharon M.; 2021-0374828; Hold Harmless Agreement/ReleaseDOC# 2021-0374828 11111111 1E1 11111 1111111111 11111 011111111 1111111111 1111111111111 May 17, 2021 12:53 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: 90.00) 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.: 207-064-02-00 PROJECT ID: CDP2017-0064 PROJECT NAME: Slowik ADU HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a:grading plan (DWG 518-2A) for development to occur on property more particularly described s (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is' hereby acknowledged, 1/(We), SHARON M. SLOWIK, TRUSTEE OF THE SHARON M. SLOWIK REVOCABLE LIVING TRUST DATED FEBRUARY 22, 2018, 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 0105/13 OACEDILandDev1PROJECTS1CDPICDP2O171CDP2017-0064 Slowik ADU - ChualEMAIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 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. II/ IN WITNESS WHEREOF, the undersigned has executed this instrument this IC day of 20 2f. 2 QACEDILandDe‘APROJECTS1CDP\CDP2017\CDP2017-0064 Slowik ADU - Chua B&A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 OWN ER(S) SHARON M. SLOWIK, TRUSTEE OF THE SHARON M. SLOWIK REVOCABL LIVING TRUST D D FEBRUARY 22, 2018 By: r Sharon M. Slowik, Trustee (sign here) (print name nd tit ) Date: 9. / 0 of By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: (RA ON KEMP 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 O:NCEDIandDev1PROJECTS1CDP1CDP20171CDP2017-0064 Slowik ADU - ChuMB&ALHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Signature of Notary Public OPTIONAL Completing this information can deter alteration of thePocument or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document DocurnentDate. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): o Partner — 0 Limited 0 General O individual o Attorney In Fact o Trustee U Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: OCorporate Officer — Title(s): O Partner — 0 Limited p General o individual lJ Attorney in Fact 0 Puttee .0 Guardian or Co:nservator U Other: Signer Is:Representing. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identityof the ind iVid ual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Dtk Coc, County of .3C% before me, v-- kfa_ij An-y on Z 9 ZA Date personally appeared ___5.14Af-4—b-1 Here lnsetrt Name and Title of the Officer AilAP•1(, 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(les), 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. BLAKE KERN Notary Public - California San Diego County Commission # 2299093 My Comm. Expires Jul 28, 2023 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California thatthe forego:Eng paragraph is tru,e and derma WITNESS my hand and official seal. ©2019 National Notary Association 4 QACEDILandDevIPROJECTSIODPICDP20171CDP2017-0064 Slowik ADU - ChualEi&A1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 28 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 SAN DIEGO COUNTY, APRIL 18, 1950. EXCEPTING FROM SAID LOT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND 6.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 28 AT THE NORTHERLY TERMINUS OF A CURVE THEREIN CONCAVE EASTERLY AND HAVING A RADIUS OF 200.00 FEET, SAID POINT BEING DISTANT NORTHERLY ALONG SAID CURVE, 102.17 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 28; THENCE NORTH 81 *3530" EAST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 215.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT. APN: 207-064-02-00