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Home My WebLink AboutPD 2021-0042; Alberts, Kristopher and Shannon; 2022-0440860; 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# 2022-0440860 111111111111 lllll 111111111111111111111111111111111111111111111 llll 1111 Nov 17, 2022 12:41 PM 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.: 215-390-37-00 -----------PROJECT ID: PD2021-0042 -----------PROJECT NAME: 2940 Cacatua ADU HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 536-8A) 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) Kristopher Alberts and Shannon Alberts, Husband and Wife as Joint Tenants, 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 \\FilesOMDepartmentslCEO\Admin\B&A\PD2021-0042_GR2022-0010_2940 Cacatua ADUIHOLD HARMLESS AGREEMENT 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 in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 1\Files0MOepartments\CED\Admin\B&AIPD2021-0042_GR2022-0010_2940 Cacatua ADUIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 62':lih day of O Ciob£,r ' 20'kl_. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By U&f~ Assistant City Attorney City of Carlsbad OWNER(S) Kristopher Alberts and Shannon Alberts, Husband and Wife as Joint Tenants By: Date: By: Date: Kristopher Alberts, Husband (print name and title) Shannon Alberts, Wife (print name and title) (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 1\Files01v\Oepartments\CED\Admin\B&A\PD2021-0042_GR2022-0010_2940 Cacatua ADUIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 581, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 7076, ON FILE IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, TOGETHER WITH THAT PORTION OF THE SOUTHERLY ONE-HALF OF SECTION 19RTOWNSHIP 12 SOUTH, RANGE 3 WEST, sAN BERNARDI No MERIDIAN. As sHoWN oN ee i:oao ne so 2et siia oN FILE IN THE OFFICE oF THE SAN DIEGO COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 581 AS SHOWN ON MAP NO. 7076 ON FILE IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE ALONG THE WESTERLY LINE AND A PROLONGATION OF THE WESTERLY LINE OF SAID LOT 581 , NORTH 12 DEGREES 31 MINUTES 49 SECONDS EAST (NORTH 12 DEGREES 31 MINUTES 40 SECONDS PER RECORD), 175.84 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 44 SECONDS EAST, 80.90 FEET TO THE PROLONGATION OF THE EASTERLY LINE OF SAID LOT 581; THENCE ALONG THE PROLONGATION OF THE EASTERLY LINE AND THE EASTERLY LINE OF SAID LOT 581 SOUTH 12 DEGREES 30 MINUTES 09 SECONDS WEST (SOUTH 12 DEGREES 30 MINUTES 00 SECONDS WEST PER RECORD), 202.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 581; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 581, THE FOLLOWING COURSES: NORTH 71 DEGREES 47 MINUTES 51 SECONDS WEST (NORTH 71 DEGREES 48 MINUTES 00 SECONDS WEST PER RECORD), 36.18 FEET TO THE BEGINNING OF A TANGENT 428.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 40 MINUTES 20 SECONDS, A DISTANCE OF 42.37 FEET TO THE POINT OF BEGINNING. APN: 215-390-37-00 .. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 nrrmxrr CD J J E i IPl800■-RMMP a :a:uzauaaua A notary public or other officer completing this certificate verifies only the identtty of the individual who signed the document to whlch this ceMicate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Saf"'\ ·-pr eqo } onO:J:cbo-~, ~ before m4<ullileeo vi ' frl)cJo.d-z l\)o+~pfvtJ.> \re, DateV Here Insert Name ond Title ~/the Offic;,. personally appeared~ris+opher::: Alber\::.s (1h('1 5baaooa Alt)o-+t5 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 capaclty(ies), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. KATHLEEN M. SCHWARTZ Notary Public -California San Diego County ! t .. . • Commission II 2323280 • " • My Comm. Expires Mar 8, 2024 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Do~;;;nt Title or Type of Document: Mk-% Aq,reedlcnt t Gwlo~\ cal Ia,,lkY'.:C DocumentDate:.W.obeC ot.\-1 at)2r-,. Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ____ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited o General □ Partner -o Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 1!;)2019 National Notary Association 4 \\Files01 v\Departments\CED\Admin\B&AIPD2021--0042_GR2022-0010_2940 Cacatua ADUIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13