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none, SFR relocation, Resolutions & Approval ConditionsFEE N/A CODE REC. NO. FEE PAGES TITLES I Assessor s Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black Ink n • 99 049581.9 RECORDED/FILED IN OFFICIAL RECORDS RECORDERS OFFICE LOS ANGELES COUNTY CALIFORNIA .>J. 11:41 AM MAR 24 1999 SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) N/A 0 20 NO POOR D.A. FEE 0 9_ 19 04 19 SURVEY MON. NOTIF. INVOL NON LIEN CONF. EXAMINER S INT. Number of Parcels Shown Revision Number • • • WHEN RECORDED, RETURN TO: . City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 ASSUMPTION OF RISK, RELEASE AND INDEMNITY 99 0495819 THI ASSUMPTION OF USK, RELEASE AND INDEMNITY mat* this S day of itt efi/ , 1999, by '�� IOA) f)U,1P and (hereinafter referred to as "Property Owner") in favor of the City of Rolling Hills ("City"), a municipal corporation and the County of Los Angeles ("County"), a political subdivision of the State of California. RECITALS: A. Property Owner's property consists of Lot 62 of Tract , or Assessor's parcel: Book S T , .Page `f‘n7 &, Parcel , together with all improvements, household furnishings and effects, and persona NN property located there and thereon, more commonly known as n /C U WN � kVe/ JS (CO Rolling Hills, California ("the property"). B. Property O!.-ner's property is located within an area where landslides and geologic damages have occurred in the past and where further landsliding and damages may occur. Property Owner recognizes and understands that the records of the County of Los Angeles, Department of Public Works indicate that the above property is located within an area that is subject to physical hazards of a geologic nature. The City has made available to Property Owner all public files in its custody relative to the geologic stability of the property and the area surrounding the property, and Property Owner acknowledges that she has had the opportunity to undertake any and all further geologic investigation she deems necessary precedent to undertaking repairs and rehabilitation of the structure on the property. C. Property Owner's home on the property has been damaged by the active landslide and Property Owner desires to take certain actions in order to relocate, repair and rehabilitate this structure for which a building permit is required. Without such work, Property Owner's home will be remain uninhabitable and be destroyed. D. Property Owner desires to assume all risk relating to and arising from the issuance of a building permit for said relocation and repair work. 110 99 0495819 E. As'an accommodation to Property Owner, so as to alleviate the hardship associated with probable destruction of the structure in its current location, City is willing to allow the relocation and repair as proposed to maintain the home in an inhabitable condition, and Property Owner desires to limit the City's potential liability arising from any claim that the City acted negligently or improperly in issuing a building permit to Property Owner under the above -described circumstances. F. Both Property Owner and City Assumption of Risk, Release and Indemnity does from any future acts of negligence on City's solely to the issuance of a building permit relocation, repair and rehabilitation of the property. agree that this not exculpate City part, but applies for the specified structure on the NOW, THEREFORE, as inducement for City by and through the County of Los Angeles Department of Public works ("Courityn) to grant a building permit, Property Owner agrees as follows: 1_ Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, and loss of any and all expenditures in any manner arising out of, attributable to, or relating to the City's and County's granting of a building permit for the proposed relocation and repair work. Property Owners' Initials 2. Release. Property Owner hereby releases and discharges City, its officers, employees and agents, and County of Los Angeles, its officers, employees and agents from any and all claims for losses, damages or liabilities of or to the property or undersigned Property Owner (whether for damages to the property, personal injury, expenses, attorneys' fees or otherwise) arising out of, attributable to, or relating to the granting of a building permit for the proposed relocation, repair and rehabilitation work. Property Owner hereby expressly waives the right to assert any claim or bring any action of any nature whatever against the City, its officers, agents and employees and/or the County, its officers, agents and employees for any damages or losses of any kind arising out of the issuance of a building permit and the work performed pursuant thereto. This release includes, but is not limited to, any claims -2- 990319 MJ ARRREL.M3 99 049581.9 � arising from the City's negligence in issuing the permit. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees and agents, and the County, its officers, employees and agents, for any damages or losses of any kind attributable to the issuance of a building permit and the work performed pursuant thereto. 3. Indemnity. Property Owners' Initials /4,/i Property Owner hereby agrees to defend, to indemnify and to hold harmless City, its officers, employees and agents, and County, its officers, employees and agents from and against any losses, damages or liabilities, including interest, penalties and attorney fees, arising out of, attributable to, or relating to the granting of a building permit and the relocation and repair work performed pursuant thereto, including, but not limited to, claims, losses or damages asserted by third parties and adjoining property owners, Property Owners's guests, invitees, tenants and permitees (whether for property damage or personal injury). Property Owners' Initials 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument or expressly declines to secure the advice of legal counsel, understands the contents hereof and waives the right to legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for issuance of a building permit to relocate and repair Property Owner's home that would otherwise not be issuable due to the location of the home in a landslide area. Property Owners' Initials 5. Binding Effect. Property Owner agrees and acknowledgesthat this instrument shall be recorded against the title of the subject property in the official records of the Los Angeles County' Recorder. This instrument shall rum. with the land and shall be binding on all parties having or acquiring any right, title or interest in or to the subject property or any portion thereof, and shall constitute notice of the landslide conditions that affect the property. This instrument shall be terminated or modified only -3- 990319 NJ ARfREL.MJ I 410 99 0495819 S upon the express written consent of City and County. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the property, Property Owner shall provide any such purchaser, lessee or transferee with a copy of this instrument. Property Owners' Initials I UNDERSTAND THAT BY SIGNING THIS INSTRUMENT, I AM FOREGOING MY LEGAL RIGHTS. I UNDERSTAND THAT MY PROPERTY IS LOCATED IN A LANDSLIDE ARE2: AND THAT ORDINARILY THE CITY AND COUNTY WOULD NOT ISSUE A PERMIT FOR THE WORK I WANT TO DO ON MY PROPERTY. I UNDERSTAND THAT THE CITY AND COUNTY HAVE AGREED TO ISSUE A BUILDING PERMIT BECAUSE I HAVE RELEASED BOTH ENTITIES FROM ANY LIABILITY FOR PROPERTY DAMAGE, PERSONAL PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING LIABILITY ARISING FROM ITS OWN NEGLIGENCE IN ISSUING THE PERMIT. I UNDERSTAND THAT AS A RESULT OF SIGNING THIS INSTRUMENT I DO NOT HAVE THE RIGHT TO SUE THE CITY OR COUNTY IN CONNECTION WITH THE BUILDING PERMIT OR THE WORK IT AUTHORIZES. I UNDERSTAND THAT I AM RESPONSIBLE FOR PROTECTING THE CITY AND COUNTY AGAINST PERSONAL INJURIES TO MY NEIGHBORS, GUESTS AND INVITEES AND DAMAGES TO THEIR REAL AND PERSONAL PROPERTY. Property Owners' Initials IN WITNESS WHEREOF, Property Owner has executed this assumption of risk, release and indemnity on the date first written above. 990319 KT ARJII.EL.M7 ht,A kto,(.) VA/ 51 A -4- ("Property Owner") STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) 99 0495819 On 'r / ( J 22--) Y before me, the undersigned, a Notary Publ. in ar.d for said State, personally appeared niAL) IX / knoOn to me to be the person whose name /.iwas ubscribed to the within inst ent and acknowledged that executed the same. Witness my hand and official seal. Signat 990319 MJ AREREL.MT -5- - V. K. VALENZU to li Commssion # 118583 Notary putalic- Coltrari al Las Angeles County My Cam 6plesJun 5, 1 MAY I 3 1999 tTY OF ROLLING HILLS 990495818 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CAUFORNIA 11:41 AM MAR 24 1999 SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) FEE WA 0 20 9 19 04 19 CODE F1EC. NO. NO PCOR D.A. SURVEY NOTIF. INVOL. NON FEE PAGES TITLES FEE MON. LIEN CONF. 4/U ( 0 5 6 0 O•sk Assessors Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black ink EXAMINER S INT. Number of Parcels Shown Pavillon Punter 1 RECORDING REQUESTED BY & MAIL TO CITY OF ROLLING HILLS #2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 • Solos obeys This IIne for ReglafrarRscordsr's ease COVENANT AND AORgEMIM IN CONSIDERATION FOR THE ►SSUA1- CE OF A BUILDING OR GRADING PERMIT W AN AREA SUBJECT TO PHYSICAL HAZARDS OF A GEOLOGICAL NATURE. The under signed / V f r' It /(1 A / 3 l 1^ (dace) Os) hereby cots/ to be the c.ma s) of the horseman n legeey described real properly tocaad In the ay of Los Angeles. Stets of California as recorded In Book . S 9- . Page .1 T o .S Rsoords d Los ArtgaW County comment/ known as Runnrn P 2n dwidoc--*Ma ri sever Aareea rmrb ' and hashing Rnawedge of the fact that the records of the Uepertmerd of Pubic Worley, County of Los Angelo. Indicate nisi the above described properly is loaded wlhin an area that la subfect to plunks( hazards of a geological nature. And, to consultation tion for the issuance &a (going permit) (bulidrg coma for Momar cods b rrpwbrercl (1) (we) do hereby monad and agree to and do hereby Move the County of Lae Angelo end ai ofttcers and employess thereat Of any labia for any denten or loan which may reedit Rom the Munnee of auctt pamdt. This CoarsestendAaWi%rathatnunwastboiendandaidbeb dngupontheundersigned.anyUUweawns's,encumbisnc.ra.ehdr successors. heirs or assignees and steal continue in effect until such taut as the Bulldog Official records In the o1Rce of the County Reglarar-Recorder a stdamartt that ha tilde such gsokhgio ht rd nu Unger odes. Qwner: kr- / ,01.r"616!it Cemere All the signatures are to be acknowledged before a Notary Public. If a corporal lon. the corporate form of aeknovAsdgsm.nt shall bits sand. rim a; For us. when Issuing a Bilking or Grating Perna under provision* of Section 110.2.3.3 or Section 110.2.3.0. Tao of Los Angu sa Code. For artuie err orgy IANi Criic�r Ho.: Data Appraed af' PC M 1141C. 110.2.3.3 of edC. I te.L3A 1ytn Parent No.: D. 4 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of n 5� On I.( Date personally f appeared .677J ss. Mbefore me, 4(IC. I ; �,f14'f___ • Name and Tara of Officer (e.g.. 'Jane Notary Pubs i1 rIAt__._) /.1.4/, ets) of Spner(s) Xv sonaliy known to me oved to me on the basis of satisfactory ence fV. K. vALENZut1A t Commission # 1165,584 Notcry PublIc • CaLfcrnia f lcs Angc:csConty My Ccm: rt. t9,.:•cs Jun 5. 2002 Pepe Notary Seat Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. ESS sty ha - d official se OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document Teheran of Notary Document Date: Number of Pages: Signer(s) Other Than Named Above: Capactty(les) Claimed by Signer Signer's Name: • Individual O Corporate Officer — Title(s): C Partner-0 Limited O General Attorney in Fact C Trustee • Guardian or Conservator C. Other: Signer Is Representing: •. OF SIGNER'. Top of Thumb here • 0 • a " • • > v1n u:saatsn;.swssh.veruwwwia vvneornou; va ww:•tv4.X...P.nrw'wtunsww:w:vc+.n:..nx.r ir. O 1997 National Notary Association • 9350 De Soto Ave.. P.O. Boa 2402 • Chatsworth. CA 913134,02 Prod. No. 3907 Reo,Cer Cab TOO -Free t 4.00-s76-8e27 • s 'I his is a true and certified copy of the record if it bears the seal, imprinted in purple ink, of the Registrar-Recorder/County Clerk. MAY I 1 1999 1 �`�`r�.....,IREGISTRAR•RECORDEWCOUN1YCLERK LOS ANGELES COUNTY, CALIFORNIA