HomeMy WebLinkAboutCDP 02-24; Marshall, Michael W.; 2022-0220826; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Cieri<
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2022-0220826
111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII
May 24, 2022 09:32 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins $0 00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-192-38-00 ~;;...;;_~~~'-------
PROJECT ID: ----"'C=D.:_P...:.0=2-..;;;;2..;,.4 _____ _
PROJECT NAME: St. Clair Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 412-28) 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) MICHAEL W.
MARSHALL, Trustee of the Michael W. Marshall, D.D.S., Inc. 401 (K) Profit Sharing Plan, the
owner(s) of said property promise to indemnify and to 'nold t'ne Cny 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
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GEOLOGICAL FAILURE.doc 01/25113
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 ln all or any part of the property descrlbed hereln.
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GEOLOGICAL FAILURE.doc 01/25113
IN WITNESS VVHEREOF,
24, -nt day of /l1'h(,.C-H,
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By ~¾~~
Assistant City Attorney
City of Carlsbad
the undersigned
,2022.
OVVNER(S)
has executed this instrument this
MICHAEL W. MARSHALL, Trustee of the Michael W.
Marshall, D.D.S., Inc. 401 K) Profit Sharing Plan
By:
MICHAEL W. MARSHALL, Trustee
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
(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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GEOLOGICAL FAILURE.doc 01/25113
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary publicorotheroff!Cef completing thiscertiftcate vefifles only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of Iha document.
Name(s) of Signer(s)
woo proved to me on the basis of satisfactory evidence to be the person(st-whose name(s) ls/a,e-subscrlbed
to the within Instrument and acknowledged to me that he/sheM!ey executed the same In hlSl'herlttlelr
autoorlzed capaclty(Jesf, and that by hls/herll!'felr slgnature(5)-on the Instrument the personfsr.or the entity
upon behalf of whleh the person(~cted, executed the Instrument.
Pface Notary Seal and/or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of callfornla that the foregoing
paragraph is bue and correct
OPTIONAL ________ ....,..__ _______ ~
Completing this information con deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document __________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: _____________________ _
Capaclty(les) Clalmi!d by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
a corporate Officer -Title{s): ______ _ a Corporate Officer -Tltle(s): ______ _
a Partner -a Limited a General a Partner -a Limited a General
a lndlvldual a Attorney in Fact a lnclvldual a Attorney In Fact
a Trustee a Guardian or Conse111ator a Trustee a Guar<ftan or Conservator
□ Other: --------------□ Other: --------------Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National NotafY Assoclotion
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GEOLOGICAL FAILURE.doc 01/25113
LEGAL DESCRIPllON
Order NLmber: DIV ... 703191
Page NLmber. 6
Real property in the City of cartsbad, County of San Diego, State of califomia, desoibed as follows:
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10178 IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 1980 AS FILE NO. 80-204290 OF OFFICIAL RECORDS, AS DESCRIBED IN
CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 1, 1988 AS FILE NO. 88-046387 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 10178·
THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 SOUTH 73°23'33" WEST, 300.00 FEET; THENCE
SOUTH 65°29'54" EAST, 390.79 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF ADAMS
STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 24°17'08" EAST, 20.00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 65°29'54" WEST, 120.45 FEET; THENCE LEAVING
SAID BOUNDARY OF SAID PARCEL 1, NORTH 20030'07" WEST, 32.49 FEET; THENCE NORTH 24°29'41"
EAST, 50.68 FEET; THENCE NORTH 11°58'08" WEST, 35.74 FEET; THENCE NORTH 24°29'41" EAST,
74.87 FEET TO THE POINT OF BEGINNING.
APN: 206-192-38-00
Rrst American ntJe
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