HomeMy WebLinkAboutPD 01-12; Chestnut Homes LLC; 2002-0466079; Hold Harmless Agreement/ReleaseDOC # 2002-0466079
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
MFIY 31. 2002 4:30 PM
FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO. 205-210-40-00
PROJECT NO. 8 NAME: PD 01-12
Chestnut Homes II
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. 398-6A) for
development to occur on property described as attached Exhibit “A more particularly described
as (APN No. 205-21040-00), and other good and valuable consideration, receipt of which is
hereby acknowledged, l/(We) Chestnut Homes, LLC, a California Limited Liability Company,
the owner@) 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
3f 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
3r permits by the City shall not constitute an assumption by the City of any responsibility for any
jamage or taking referenced in this agreement. City shall not be responsible in any manner
Nhatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
mprovements made or done pursuant to the approved plans, nor shall any officer or employee
:hereof be liable or responsible for any accident, loss or damage happening or occurring during
:he construction work or improvements as specified in this agreement. The entire risk of any
oss resulting from or caused by any geological failure is assumed by and shall be borne by the
Iwner.
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
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.
IN WJTNESS WHEREOF, the/ undersigned has executed this instrument this
PROPERTY OWNERS
Chestnut Homes, LLC, a California Limited Liability
Company
By:
(signhere)
Gary Winans, Agent
LtEstnut Homes, LLC (print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
:Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
:Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
:reasurer must sign for corporations. Otherwise, the corporation must attach a resolution
:edified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney F eputy City Attorney
I:IDsveiopmenl Servcler/Maolen/Bondr li Apreemenwnoid Harmless Agl Gwlwicpl Failure 2
ROY. 1m8198
PARa A:
TEXT FOETION OF TRACT 240 OF ?HUM IANDS, IN ?HE CITY OF ChRL%AD, Oxwry OF EkN Dm,
STATE OF QLIFORNIA, ACCORD^ TO lvlAp 'IHEREOF ND. 1681, FILED IN ?HE OFFIG3 OF 'IHE
CDUNTY RFCDRDER OF SAN DIEI33 CtXNlY, DECEMEFR 9, 1951, DEscaTBED AS FOLUWS :
BEGlIWlN2 ATAPOINTOF~CNOF?HEC!DJIERLINEOFCHEShlVTAVENUEANDADAMS
SlXEEl'; THEWZE ALLXG 'IHE CENIER LINE OF AWN3 ZEZET, SCUE-I 28O39'32" JiXST A DISITLNCE
OF 246.31 FEET; THEWZE IXWItG 'IHE SAID CENTERLm, bDFtTH 61O20'53" JiXST A DI- OF
mINE OF ClESRWT AVENUE; THEWZE ALOE ?HE SAID CE2VERLINE, bDFtTH 61°21'00" EAST
140.00 FEET; 'IHENCE IQ3RTl-I 28'39'32'' WEST A DI- OF 246.30 FEET 'ID A POINT ON 'IHE
A DISTANCE OF 30.00 FEET 'ID 'IHE 7RIJE POINT OF BEGrl?NIIG; l€lEKE ALLXG ?HE SAID -, NDFOX 61°21'00" A DISTANCE OF 130.11 FEET; THWCE LFAVItG THE
SAID CENTERLINE OF cHESTWT AVENUE, SOUIH 28"39'00" ERX A DISTANCE OF 30.00 FEET TO A
OF 34.60 FEET; THEWZE SOVIH 59°07'00" WEST A DISTANCE OF 10.00 FEET; THENCE SOUIH
POINT ON ?HE DY LINE OF ClIESINvT AVENUE; T-IEKE SOuM 30°53'00" JiXST A DISAWE
30°53'00" ERX A DISTANCE OF 55.08 FEET; SCUE-I 61°21'00" WEST A DISXAWE OF
OF BEG-. 123.59 FEET; T-IEKE bDFtTH 28039'32'l WEST A DISIRKE OF 120.00 FEET, TO 'IHE ?RUE POINT
BEII\S; ?HE SAME PRClpERn DESCRIBED IN CERTIFICATE OF CCMPLIANCE FOR AWWPENT PLW RECORDED JULY 12, 2001 AS DXXMENT I'D. 2001-0479399, OF OFFICI?& FUXDPDS.
State of California 1 1 County of San Diego
On - RY PdLf ’:
(Name, Tifle of Officer)
personally appeared
(NameGg] of Signer[d)
6ersonallv known to rnpOR -
(proved to me on the basis of satisfactory evidence) to be the person@ whose name0
@are subscribed to the within instrument and acknowledged to me that(@/she/they
executed the same in @/her/their authorized capacity(&), and that by @her/their
signature&on the instrument the personw, or entity upon behalf of which the person(&
acted, executed the instrument.
WITNESS my hand and official seal
n
(This area for
official notary seal)
Title or Type of Document
Date of Document NO. of Pages ~ 7
Signer(s) other than named above