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Home My WebLink AboutMS 2022-0003; Dokhanchy, Mehrdad and Phaneuf, Patricia Lynn, Trustees of The Dokhanchy-Phaneuf Family Trust dated December 8, 2005; 2023-0093825; 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# 2023-0093825 1111111111111111111111111111111111111 lllll 1111111111111111111111111111 Apr 11, 2023 10:01 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-191-14-00 ....::.;;..::_.:....::.....:........:....;___;;_c:;__ ____ _ PROJECT ID: MS 2022-0003 ~~ PROJECT NAME: _10_9_8....;M.;..;.;;..aag.._n--'o_li-'-a _____ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 535-6A) 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), Mehrdad Dokhanchy and Patricia Lynn Phaneuf, Trustees of The Dokhanchy-Phaneuf Family Trust dated December 8, 2005, 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 Q:\CED\Admin\B&AIPROJECTS\MS 2022-0003; GR2021-0047. 1098 Magnolia_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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. /II /II /II Ill Ill /II Ill Ill /II /II /II /II Ill /II Ill Ill Ill /II Ill /II Ill /II 2 Q:ICEO\Admin\B&AIPROJECTS\MS 2022-0003; GR2021-0047 -1098 Magnolia_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 711 IN WITNESS WHEREOF, the undersigned has executed this instrument this .,,2; day of A-lu.c>I , 20 Z.1. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: ABipot Senior Assistant City Attorney City of Carlsbad OWNER(S) Mehrdad Dokhanchy and Patricia Lynn Phaneuf, Trustees of The Dokhanchy-Phaneuf Family Trust dated December 8, 2005 ., A. -........ By: ~~~ (sign here) Mehrdad Dokhanchy -Trustee (print name and title) Date: 3 /-z.t:J )z3 ~ I By: f~~ (signheie)\] Patricia Phaneuf -Trustee (print name and title) Date: J{ig{z.1 (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&A\PROJECTSIMS 2022-0003; GR2021-0047 -1098 Magnolia_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: The Northeasterly 133.0 feet of Lot 15 in Book "B" of The Resubdlvlsion of a portion of Alles Avocado Acres, in the City of Carlsbad, County of San Diego, State of California, as per Map thereof No. 2027 on rue In the Office of the Recorder of San Diego County. APN: 205-191-14-00 I • • ._ CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 • ur ' i -"··· ........ n A notary public or other officer completing this certWicate 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. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are 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. I ... .,. T -------------T ----------------,---,----1 ffl'"ELYsifiANNorii -COIIN. ffl22994 s NOTARY PUii.iC • CALFOIIM SAN DIEGO COUNTY l------,,,---~~-~~·-~-1 J.U:J.\I.JJVVPV.:.\if.lJ.J.\I.A.X..:.:.. J.JYJ.I.J.J.J....::.:,4. Place Notary Seo/ 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. Signature of Notary Public OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document An /} l1f ~,m I ,·, u {P Title or Type of DojTnt: f-f:Q_{d__/:L~rm1ess 'f}ff,e,(J/le <:,,(JJ'::J·'(J,l '-- oocumentoate: ~S: L2Q:\__;::) Number of Pages: __ ::, ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) i;J51ll)lfJ blr Signer's Name1~~~1 :!!a~!.j_-'1}~'·ff_,!'f'c}aJ2J~tl£.j Signer's Name: ___________ _ o Corporate Officer -Title( ): o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General _g. Individual J!I--Trustee o Attorney In Fact o Individual o Attorney In Fact o Guardian or Conservator o Trustee o Guardian or Conservator D Other: --------------D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ e 2019 National Notary Association 4 Q:ICED\Admin\B&A\PROJECTS\MS 2022-0003; GR2021-0047 -1098 Magnolia_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13