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HomeMy WebLinkAboutCDP 2021-0024; Blauvelt, Paul Edward; 2023-0038910; Hold Harmless Agreement/Release'/-6P RECORDING 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# 2023-0038910 111111111111 1111111111 111111111111111 11111 1111111111 IIIII IIIII IIII IIII Feb 15, 2023 09:35 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $26.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-131-1500 -----------PROJECT ID: CDP 2021-0024 PROJECT NAME: Blauvelt Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 538-5A) 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) Paul Edward Blauvelt, an unmarried man, 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 to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which 1 Q:ICED\Admln\B&AIPROJECTSICDP 2021-0024; GR2022-0026-Blauvelt Residence_D.R\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&AIPROJECTSICDP 2021-0024: GR2022-0028-Blauvelt Resldence_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 WITNESS WHEREOF, the undersigned has executed this instrument this day of __,_~"'1-,J-:.....!...A~---' 20_.1}.- APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~~~ Senior Assistant City Attorney City of Carlsbad OWNER(S) By: Paul Edward Blauvelt-Owner (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.) 3 Q:\CED\Admin\B&AIPROJECTSICDP 2021-0024; GR2022-0028· Blauvelt Residence_D.R\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ,. ..... ...... rrnowrmuc-var ... •· • &M ••••••••auuwww: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ( } County of ~ 9Vt4) On VZ-IJ~ff.l--Z.-J.'1.-before me. ~ IJl.9s 1 {.Jrf,H-1~ Dote ,. Pf'l1-lv t.J)~ Hge Insert Name ~1d •Title of the I.officer personally appeared \?lf11,t ~V(' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/arc subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), 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. *@ DAREN VASS I :. COMM #2423861 /;; ~ NOTARY PUBUCCAUFOANIA !:' SAN DIEGO COUNTY I MyCaln.EJIIIRS"°"9nar21.202fll Place Notary Seal and/or Stomp 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. Signature of Notary Public Completing this information can deter alteration of tile document or fraudulent reattachment of t/Jis form to an unintended document Description of Attached Docum4!['t , l , _ •. , ~ lrl~ .... OM .- Title or Type of Document: ..,;.J,t:,__:,O_\-o!>_~--=.=---~---'$, __ ~_v_, ~ __ ..,,.,. __ l _____ _ Document Date: Number of Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: o Corporate Officer -Tltle(s): o Partner -o Limited o General D Individual o Trustee D Other: o Attorney In Fact o Guardian or Conservator Signer Is Representing: _________ _ «::12019 National Notary Association 4 Signer's Name: __ o Corporate Officer -Tltle(s): _ o Partner -o Limited o General o Individual o Attorney In Fact o Trustee o Guardian 01 Conservator D Other: Signer Is Representing: O:\CED\Admin\B&AIPROJECTSICDP 2021-0024; GR2022-0028-Blauvelt Residence_O.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 T EXHIBIT"A" LEGAL DESCRIPTION Order Number: DIV-5910186 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE NORTH ONE-HALF OF THE EAST ONE-HALF OF THE NORTH ONE-HALF OF TRACT TWO HUNDRED FIFTEEN, IN THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. APN: 204-131-15-00 First American ntte Page 5 of 13 I.: ''