HomeMy WebLinkAboutPD 2022-0012; Poff, Alex A. & Lisa A.; 2024-0048253; 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# 2024-0048253 I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll 11111 1111111111111
Feb 27, 2024 11 :20 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkina: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _16_7_-5_6_3-_2 _7-_0_0 ____ _
l \ t;\_PROJECT ID: _P;_;D::....::.20.:.:2=2;...;-0=0-'-'12�-----
0,'-)\J PROJECT NAME: _Po-'--ff_A_D_U _______ _
HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 537-6A) 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) Alex A. Poff and
Lisa A. Poff, 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
Q:ICEO\Admln\B&A\PROJECTSIPO 2022-0012; GR2022-0018 -Poff AOU_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
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.
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O:\CED\Admin\B&A\PROJECTSIPD 2022--0012; GR2022--0018 -Poff ADU_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13
IN WITNESS WHEREOF,
'2-'3 day of :SfW\J/4,.,'f
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
the undersigned
, 2o t...'--I.
OWNER(S)
has executed this instrument this
Alex A. Poff and Lisa A. Poff, husband and wife as
joint tenants
By: (signhere)
Alex A. Poff -Husband
(print name and title)
:::·strf§
(sign here)
Lisa A. Poff -Wife
(print name and title)
Date: '['i'01~~
(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. lf only ane 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:ICEO\Admin\B&AIPROJECTSIPO 2022.0012; GR2022.0018-Poff ADU_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
ffl F S X ......... ,, 7 øxnr xø•■øø:rrnrrrs øauuzuwwwwwwww., 881M -------,
A nota ry public or otherofficor comploting lhiscert1ficate vcrifics only thc identrtyof the 1ncllv1dual who sIgncd thcdocument
to which tilis certif1catc is attnchecl. and not the truthfulncss accuracy, or valid1ty of thai documcnt.
who p1oved tome on the b;isls of satlsfacto1y cvldcncc to be tt,e person(s) whose n11me(s) ls/me subscrlbed
to the wlthln Instrument and acknowledged tome that he/she/they executed the same In hls/her/thelr
iluthorlzed c11pnclty(les), and that by his/her/thelr slgnature(s) on the lnst1ument the person(s), or the cntlty
upon behillf of whlch tt,e person(s) acted, executed the Instrument.
········1 KRYSTAL CUTLER
Notary Public • Cal!fornia z
San Diego County !
Commission # 2444836
y Comm. Explres May 18, 2027
Plocc Notory Seo/ ond/or Stamp Above
I ccrtlfy under PENAL TY OF PERJURY under the
lc1ws of tt,e State of Callfornla that the foregolng
paragraph Is true and correct.
WITNESS my hnnd and official seal.
SgoaW,o~~~
OPTIONAL
Complet,ng tilis lnformC1tion can doto1 Clitomtion of tllc documont or
frauclu/ont roC1ttC1chmo11t of tilis form to an ttnintendec/ documont.
Descrlptlon of Attached Document
TIiie or Type of Document.
Document Dr1te:
Slgncr(s) Othcr Than Namcd Above.
Capacity(les) Claimed by Signer(s)
Slgner's Name·
□ Corporate Office, -Tltle(s).
□ Partner -□ Limited □ General
□ lndlvldual □ Attorncy In Faet
□ Trustee □ Guardian or Conscrvator
□ Other:
SigneI Is Representlng:
~ 2019 National Notary Associot1on
4
Numberof Pages:
Slgner's Name:
□ Co1 porate Officer - Tltle(s):
□ Partner -□ Llmlted □ Genernl
□ lndlvldual □ Attorney In Faet
□ Trustec □ Gumdian or Conscrvator
□ Othcr
Signer is Rcpresentlng:
Q:ICED\Admln\B&A\PROJECTS\PO 2022-0012; GR2022-0018 • Poff ADU_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 160 OF CARLSBAD TRACT NO. 84-35 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11672, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11, 1986.
APN: 167-563-27-00