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HomeMy WebLinkAboutCT 16-07; Selna, Marja Dawn and Michael W.; 2022-0130797; 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# 2022-0130797 I llffll ~DI 1111111111 ~11111 IMI ~II lllll lffll Ill lffll 111111 Mar 24, 2022 10:58 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE iHiS LiNE FOR RECORDER"S USE ASSESSOR'S PARCEL NO.: 207-101-35 37 ____ _._ _____ _ PROJECT ID: CT 16-07 PROJECT NAME: ---"M...;.a .... rja ...... A..;;.c..;_re_s_( .... R-ou_g_h_G_rad-ing_)_ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 529-9A) for development to occur on property more particularly described as (see attached, Exhibit "N), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) MARJA DAWN SELNA, Trustee of the Hoffman Legacy Trust dated December 17, 2012 (as to Parcel 1) and MICHAEL W. SELNA AND MARJA DAWN SELNA, Trustees of the Michael W. Selna and Marja D. Selna Family Trust Dated September 10, 1981 (as to Parcel 2), 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 inciuding pubiic property, directly or indirectiy caused by the geoiogicai 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 er taking referenced in this agrsamant City shall not ba rasponsibls 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 resultina fmm or caused bv anv aeoloaical failure is assumed bv and shall be borne bv the w , .,,_ -.. <I 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 1 Q:ICEO\LandOev\PROJECTS\Cl\CT 16\CT 16-07-Marja Acres-Levy-Mcla1.1ghlln\Rough grading GR2021-00061B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 damage to public improvements caused by any geological failure referred to in this agreement I to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may faii and cause damage to pubiic 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 /II Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill /II Ill ". fl/ Ill Iii 2 Q:ICEO\La ndDfilPR OJECTS\Cl\CT 16\CT 1 fi.07-Marja Acres -Levy-McLaughlinlR ough !lradir,g GR2021-0006\B&AIHOLD HAR U LESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 IN WITNESS WHEREOF, -z.. dayof C~t.~ APPROVED AS TO FORM: CELIA BREWER City Attorney City of Cailsbad the undersigned ,20...£?- has executed this instrument this OWNER{S) MARIA DAWN SELNA, Trustee of the Hoffman Legacy Trust dated December 17, 2012 (as to Parcel 1) and MICHAEL W. SELNA AND MARJA DAWN SELNA, Trustees of the Michael W. Selna and Marja D. Selna Family Trust Dated September 1 O, 1981 (as to Parcel 2) By: By: Date: By: (sign here) MARJA DAWN SELNA, Trustee (print name and title) DZ../ 0:2 /20.zz. (sign here) MICHAEL W. SELNA, Trustee (print name and title) OZ/02./2-02.2 MA!t?JA IJAWN Se.LIJA. Tr-~ oz./o-z. / u,2,.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 Qc\CED\LandOev\PROJECTSICTICT 16\CT 16-D7-Marja Acres-Levy-McLaughlin\Rough grading GR2021-0006\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 l A 1ruk11y tJUltii~u, ui.i1~ urn'-~• 1..\J1uvi~li11y i.i1i;)f..\Hi.ifo.e1W-Nrif~uniy i.ift: Nw11tilyuiU1'd H1Uiviuuc1i wi1u~iy11W ii1vl.iur..u111:J11l to which this certificate is attached, and not the truthfulness, accuracy, or valldlly of that doc11me11t . -~ . - State of Callforn la } before me,~~ lW.t.l'\ DH\,, (\/-k-""'( pJ,_(;c_ • I I( Here Insert Name and Tltle of !he Officer County of Or'-"' ')L 0n oz/02[2.1... Date Jv. personally appeared __J_".'_~ , G-~---· \,J. S,t\n"' tJv-d ---~ Nnmp(~} of -'-/gru>r(-~) . M,,,./:\,-. :t)~~ ~\w. Who proved to me on the basis of satisfactory evidence to be tn~son(s) whose name(s) Is~ subscribed to the within Instrument and acknowledged :!,9J~ that he/she~uted the same In hls/her'9 authorized capaclty(les), and that by hls/he~Jgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. •••••••••••• l • JASOfil ALLEN DAVILA ~ a:;. Motary Publk. CaUfornta I I · Orllllf County _ i Commission I 229Q9.40 t • • :y cSo:i.EiPns d':. \!°!! Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing OPTIONAL 1· Completfng this Information can deter a on of the document or fraudulent reattachment of this form to an unintended document DeKrlptlon of Attached Document Title or Type of Document .• ·,.,..---------------------------=-~ Document Date: ______ ==:::::::::=,,,,,,._--.=-____ _ Slgner(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: ------------=-~ gner's Name: ___________ _ □ Corporate Officer -Tltle(s): _____ □ Corporate Officer -T!tle(s): _____ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ ind1v1duai □ incilVlduai □ Anorney 1n Fact □ Trustee □ Trustee □ Guardian or Conservator □ Other. ___ "-_______ ... ____ o Other: Signer Is RepresenUng: Signer Is Representing: ________ _ ©2019 National Notary Association 4 •• Q:\CED\LandDevlPROJECTS\Cl\CT 16\CT 18--07-Marja Acres-Levy-McLaughlin\Rough grading GR2021-0006\B&A1HOLD HARM LESS AGREEMENT GEOLOGICAi. FAILURE.doc 01125/13 EXHJBIT "A" l ,:KGAL_ OlJ"'.SCRlJ>'T:TON THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I : PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338926 OFFICIAL kECUlillS, lJbSClilllElJ AS tULLUWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL "B''; THENCE SOUTH01°58'54" WEST 315.79 FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST 361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35" EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH 77°50'00" EAST 275.01 FEET; THENCE NORTH 01 °'iR''i4" FAST 1.?A 'ii FF.FT; THFN.C:F. NORTH R7°?.7'17" F.AST 110 00 FF.FT TO THF. NORTHF.AST C:ORNF.R OF SAID PARCEL "B". APN: 207-101-35-00 PARCEL 2: PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL I OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAL1FOPJ,Jl,t.., F!LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31 , 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A" IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL I; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1, NOR1H 18°32'12" EAST, 11 .32 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1673.00 FOOT RADIUS CURVE CONCA VE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND CONCENTRIC WITI-I THE CENTERLINE OF ROAD SURVEY 1800-1 , ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS NORTH 3°43'41" EAST; THENCE NON-TANGENT TO S_Am CURVE _A_ND CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 01°58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL l; THENCE SOUTH 77°50'00" WEST, 17.64 FEET; THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARC EL 2; THENCE NORTH 18°32' 12" EAST, 440.00 FEET TO THE POINT OF BEGINNING. APN: 207-101-37-00 EXHIBIT A (Continued)