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HomeMy WebLinkAboutCDP 2022-0019; Hom, Robert & Elizabeth; 2023-0285588; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Car1sbad Village Dr. Carlsbad, CA. 92008 DOC# 2023-0285588 11111111111111111111111111 111111111111111111111 IIIII IIIII IIIII IIII IIII Oct 19, 2023 10:18 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.: _2:c._:0_;;_8_;-1..:..80_;:_-=27;_-..;;..oo;;....._ ____ _ PROJECT ID: CDP 2022-0019 -,----=----'--__;_ ____ _ JSb PROJECT NAME: Hom Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 543-8A) 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) Robert Hom and Elizabeth Hom, husband and wife as community property With Right with right of survivorship, 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 O:\CED\Admin\B&A\PROJECTS\CDP 2022-0019; GR2023-0030 -Horn Residence_A.McLIHOLD 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 O:ICED\Admin\B&AIPROJECTSICDP 2022-0019: GR2023-0030 -Horn Residence_A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, ,;s..\,t.. dayof S erfe..~----~<2,r APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By WQf RON KEMP Senior Assistant City Attorney City of Carlsbad the undersigned ,202..3 . OWNER(S) has executed this instrument this Robert Hom and Elizabeth Hom, husband and wife as ::mmunity m Ri~ survivorship Date: By: Date: (sign here) Robert Hom -Husband (print name and title) 1/~s~::s l , (sign here) Elizabeth Hom -Wife (print name and title) 1/z5/7==3 I (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 O:\CED\Admin\B&AIPROJECTSICDP 2022-0019; GR2023-0030 -Hom Resldence_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 PARCEL 1: EXHIBIT "A" Legal Description LOT 68 OF CARLSBAD TRACT N 97-16A, KELLY RANCH CORE ACCORDING TO MAP THEREOF NO.14340, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON FEBRUARY 1, 2002; PARCEL 2: A NON-EXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE DECLARATION (DEFINED BELOW) FOR USE, OCCUPANCY AND ENJOYMENT OF, AND INGRESS AND EGRESS TO, THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION, THIS EASEMENT IS' APPURTENANT TO PARCEL 1 ABOVE DESCRIBED AND SHALL BECOME EFFECTIVE AS TO EACH LOT WITHIN THE COMMON AREA UPON THE LATER TO OCCUR OF (I) THE RECORDATION OF THIS DEED, OR (II) THE CONVEYANCE OF RECORD. APN/Parcel IO(s): 208-1 80-27-00 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 . .. .. -.. . ..... nvn 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 $Ct,vt..-'-D '/4.j 0 On SQ.ft'~m~:'5, ,i?D.).3 before me. LU;~r~~tJJ:~ea¾~;:arf;e!ffi:: )~ ~ personally appeared __,F,.'---'-o"'---b=Ul--'-.J-C,.__-'-/-tD_wt.._--"a,nJl=--'------_,_,["-'-)_.__i _,,,,u),},J.==---<-./Jv=------'H_,_o--'-W\..---'-'--='------- Name(s) of Signer(s) 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. ······••( LUPE ORTEGA f Notary Public • California z San Diego County ~ Commission# 2356541 y Comm. Expires Jun 1, 2025 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 ~~ {()~~(A_, Signature of Notary b/ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document L /) (J Title or Type of Document: l} !!2 ld, HMm /.J... S ~ 4Jr ill'>\.lM..)[ fu..o / o~-/l'.M "t""a,i I u ,~ DocumentDate:~ /..., c/,9:0~3 ____ Numberof~ages:---"'3"----:~, Slgner(s) Other Than Named Above: Capaclty(les) Claimed by Slgn41r(s) Signer's Name: Mb-£11 f /::f1).~W'.Y~~---Signer's Name: t.. / ,-wi,J__/Jv J--/o W)...,.,- □ Corporate Officer -Tltle(s): □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General airfndlvldual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Other: Signer Is Representing: ________ _ B1ndlvldual □ Attorney In Fact J □ Trustee □ Guardian or Conservator □ Other: ____________ _ Signer Is Representing: ________ _ ie,2019 National Notary Association 4 O:\CED\Admin\B&AIPROJECTSICDP 2022-0019; GR2023-0030 • Horn Residence_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13