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HomeMy WebLinkAboutPD 2020-0050; Easton, Robert and Mary; 2021-0612418; 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# 2021-0612418 \ \IIHll 111 \Ill\ ~I \Iii I\U Iii 11111 ~Ill 11111 ~HI II~ Ill Aug 27, 2021 04:52 PM OFFICI AL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY R~CORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _2=5.;;.5'"'"'-1.;;.5=2-.;;.0~3 _____ _ PROJECT ID : PD2020-0050 PROJECT NAME: Colinas De Oro Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (OWG 528-3A) 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, I/We Robert P. Easton and Mary P. Easton, Husband and Wife as Joint Tenants, the owner(s) of said property, promise to indemnify and to hold the City of Carlsbad, its off1icers, agents and em ployees 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 this agreement shall be binding on all heirs, successors or assigns having a111 interest in all or any part of the property described herein. Ill 1 0 ICeD\londOIWIPROJECTSIPOIPO 2020\P02020-0050 Colinas Do Oto• McLauohl,n\B&A\7927 Colle Son FelopelHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-owners~ 01125113 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 0 \CEDILatl<IOo•IPROJECTSIPDIPD 2020\PD2020-0050 Col,nas De Oro· Mcl aughlin\B&A\7927 Calle Son Fellpe\HOU) HARMLESS AGREEMENT GEO-LOGICAL FAILURE-owners doc 01/25113 IN w~~ WHEREOF, the undersigned has executed this instrument this / 7 ) ( / , 20~. day of 'b ' APPROVED AS TO FORM CELIA BREWER City Attorney By: Assistant City Attorney City of Carlsbad OWNER($) Robert P. Easton and Mary P. Easton, Husband and Wife as Joint Tenants By?_ () ~<A tv sign here) Robert P. Easton, Husband as Joint Tenant (print name and title) Date: 7 -I~ ---Z. ( By:~ Mary P. Easton, Wife as Joint Tenant (print name and title) Date: 1 ,.. f7c .. Z-( (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 Q:\CEO\l.DnclOtv\PROJECTSIPOIPO 2020\P02020-0050 Col1nas 011 Oro• l\leLaughlnlB&A\7927 Calle Sen Fellpe\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-owne,s,doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 -------~--:~~~......,-1,./■■■■■■■■-, A noto~ ;u~~c ~r~th·~;~;;;;;~~;~~;i~~;~~~~~rt~;~t~·.:e;;,;~;~;I~ U;~·~;;;t~y~l-;he .. ln;viclual who signed thodocumenl l to whkh this cortificatc is aliochcd, and not tho tru1hlulncss, accuracy, or v;iJld1ty of that document. who proved to mo on the basis of satisfactory ovldoncc to bo tho porson(s) whoso name(s) ls/arc subscrlbcxJ to tho within Instrument end acknowledged to me th.it he/sho/t11ey cxec11ted lhe same In his/her/their ol1thorlzed copoclty{les), ond th.it by hls/l1er/thclr slgnature(s) on the Instrument the person(s), or the enllly upon behalf or which me porson(s) acted, oxocuted the Instrument. Place-Notory Seo/ and/or Stomp Above I certify under PENAL TY OF PERJURY under tho lows of the St11to of Colllornla thot tho forogo1ng paragraph Is true and correct. WITNESS my hand ond official seal. Signature _<.,.__,_}""'~ ............ ""'"' ............ -'--'...__...,_ _____ _ Signature of Notary Public OPTIONAL Completing tNs lnformotion con doter altcrotlon of thO document or fraudulent reotwchment of this form to an unlnte,,ded document. Oucrlptlon or Attached Document h I j Title or Type of Document:----'-' v"-'b~ DocumentDAte: .. ht\rm~ --~eo~.,__~=----- Numbc,of Pages: .• Slgner(s) Other Thon Named Above: ______________________ _ Capac:lty(les) Claimed Signer's Name: --.,,...--....,.._..-----=,,.-- □ Corporato Officer - o Portner -a Llmltl.'d □ Individual o Trustoo tor □ Other: _____________ _ Signer Is Representing: ________ _ Signer's Nnme: ___________ _ D Corporate Offlcor -Tltle(s): ______ _ o Portner -□ Limited o Geneml □ Individual □ Attornoy In Foct □ Trustee □ Gunrdion or ConseNntor o Othet: Signer Is Representing: ________ _ ~818e8CJ llC,C~ ~••••ooet a e e • ..,,..Ille l!IS C•2019 NntloMI Notnry Assoclotlon 4 O:ICEO\landDev\PROJECTS\PDIPO 2020\PD2020-0050 Colonas De Oro• McLaughhn18&A17927 Calle San FelipelHOLD HARMLESS AGREEMENT GEOLOGICAL FAJLURE-owner•.doc 01/26113 EXHIBIT A LOT 8 OF CARILSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TH EREOF NO. 10898, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 10, 1984.