Santa Clara County Municipal Code Art. 4 Acknowledgment Statement

Where geologic hazard investigations conducted in association with a proposed land use indicate that development could pose a higher-than-normal risk, development may proceed only after all property owners sign a statement acknowledging the specific geologic hazards and accepting the associated risks and responsibilities. The acknowledgment statement shall contain the following:

a. The names and signatures of all property owners, including holders of security interests.

b. The street address(es) and assessors parcel number of the subject property.

c. A map depicting the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

d. A legal description of the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

e. The title, date and author(s) of all geologic reports prepared or relied on for the proposed land use.

f. A detailed description of the higher-than-normal geologic risks associated with the proposed development.

g. The following statement: "The undersigned owners hereby acknowledge the geologic conditions identified in the referenced reports, agree to mitigate the hazards to the extent feasible, accept all risks associated with geologic hazards including any unidentified hazards, and agree to indemnify, defend, and hold harmless the County of Santa Clara and its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, any development activity or geologic hazards related to this property. This acknowledgment runs with the land and is binding on the undersigned and all of their successors, heirs and assigns."

(Ord. No. NS-1203.111, § 1, 3-19-02)

An acknowledgment statement may be expunged if subsequent geologic information indicates the geologic hazards no longer exist or have been sufficiently mitigated, and, after reviewing the information, the County Geologist concurs with this conclusion.

(Ord. No. NS-1203.111, § 1, 3-19-02)