The URL can be used to link to this page

Home My WebLink AboutPD 2021-0026; Jaramillo, Luis Anthony and Jennifer; 2023-0168976; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Cieri< CITY OF CARLSBAD 1200 Car1sbad Village Dr. Car1sbad, CA. 92008 DOC# 2023-0168976 11111111111111111111111111111111 lllll lllll lllll lllll 111111111111111111 Jun 28, 2023 11 :59 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO ':OUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-063-25-00 -----------PROJECT ID: PD 2021-0026 j ~'6\_ PROJECT NAME: 3805 Alder Aveue HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 532-6A) 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), Luis Anthony Jaramillo and Jennifer Jaramillo, 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, toss 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:ICEO\Admln\B&AIPROJECTS\PO 2021-0028; GR2021-0026 • 3805 Alder Avenue_D.R'liOLO 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 Ill 2 Q:~ED\Admin\B&AIPROJECTSIPO 2021-0028; GR2021-0028 • 3805 Alder Avenue_O.RIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this lli day of Jw,t.. ,201:3, APPROVED AS TO FORM: CINDIE MCMAHON City Attomey BylCWKE.t.-~ Senior Assistant City Attorney City of Carlsbad OWNER(S) Luis Anthony Jaramillo and Jennifer Jaramillo, husband and wife as · i 1 tenants By: Date: By: Date: (s· n here) po.~~ .J~M,\,\..() -~ l'\ Ton2 daralTlille -Husband~ (print name and title) 0~ / 1t, J?.3 Jennifer Jaramillo -Wrfe (print name and title) 4, I I "'' 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:1CEO\Admln\B&AIPROJECTSIPO 2021-0026; GR2021-0026-3805 Alder AY911118_D.R'.'iOU) HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SmJATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 8 of C8r1sbad H~nds. In the City d Cartebad, County of San Diego, State d Callfomla, according to Map thereof No. 2647, flied In the Office of the Coll"lty Recorder of San Diego Coooty, April 18, 1950. Excepting therefrom that portion tying Southerty of a line described as follows: Beginning at the most Southerly comer of said Lot 8, said comer being aleo on the Easterly right of way line of Alder Avenue as shown on said Map, said right of way Une being a 60.00 foot radlta curve, concave Southwester1y; thence Nor1hwester1y along the arc of said curve, through a central angle of 45•09'26• a distance of 45.19 feet to a point, a radial Une to said point bears North 35~•44• East and the True Point of BeglMlng; thence leaving said curve. North 11~0" East 29.00 feet; thence NOt'th er40'04• East 64.94 feet; thence North 78•34•10-East 304.04 feet to the moat Wester1y comer of land described In Deed to Raymond R. Binkley, et ux, reoorded January 2, 1963 as Instrument No. 303, of Offlclal Records; thence along the Northerty line of said Blnkley's Land, North 73•03'22" East, 76.01 feet to WI Intersection with the Northeasterly line of said Lot 8 distant thereof North 25~ West, 90.00 feet from the Southeasterty comer of said Lot 8. Aleo Excepting therefrom tying within Road Survey No. 1800, as granted to the City of Car18bad In Deed recorded July 8, 1969 as lnstrvment No. 1227931 d Official Records. APN: 207-083.Z&-OO CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 ,&.o 0 { <f:JO On f) lo_\ \ \e \ '.a<»:3 Date befOfe m~7"b<l::,e6 ~ (.&bk.> Here Insert Nome and Tit/,;: of the Officer personally appeared LL.Li. S Ptnt'eoo"i (l°am m·:\lo c ~ .• Noi'he(s) of $/gner(s) \J~, w (S""aar ~1,1:0 ---------~ 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. ~············1 !!r.HAM'V TORBERT : ... 1 Notll'y Public . C411fomta I I 1 • • s.n Di.to County i , commfsslon • 2355116 i . ,,,., Co/ltftl. ~ft AC' U . 2025 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. Ploce Nolory Seal ond/or Stomp Above Slgnatur~~ ~ "~Notary Public OPTIONAL --------------~ Completing this informotion can deter afferation 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) Claimed by Slgnel(s) Signer's Name: ___________ _ Signer's Name: -~----------o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ o Partner -o limited o General o Partner -o limited o General o lndlvldual o Attorney In Fact o lndMdual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: o Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association ◄ Q:ICEO\Mmin\B&A\PROJECTSIPD 2021-0026; GR2021-0026 -3805 Alder Avenue_O.R\HOlD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113