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HomeMy WebLinkAboutPD 2018-0008; Goldman, Irwin and Kimberly; 2019-0220016; 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# 2019-0220016 111111111111 lllll lllll 11111111111111111111111111111111111111111111111I Jun 07, 2019 08:17 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE A~OR'S PARCEL NO.: 205-210-96-00 ~ PROJECT ID: _P_D_2_0_18_-0_0_0_8 ____ _ PROJECT NAME: Chestnut Avenue Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 511-2A) 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) Irwin Goldman and Kimberly Goldman, Trustees of the Irwin Goldman and Kimberly Goldman Family Trust, 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTS\PDIPD 2018\PD2018-0008 Chestnut Avenue Residence-Horodyski\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 511-2A).doc 01125113 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\DepartmentslCEDILandDev\PROJECTS\PD\PD 2018\PD2018-0008 Chestnut Avenue Residence-Horodyski\8 & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 511-2A).doc 01/25/13 IN WITNESS WHEREOF, 2,q day of Jt2atal'y APPROVED AS TO FORM: CELIA BREWER City Attorney By•W--:~ RON KEMP Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20 ) °l . OWNER(S) Irwin Goldman and Kimberly Goldman, Trustees of the Irwin Goldman and Kimberly Goldman Family Trust By: By: Date: (sign here) Irwin Goldman, Co-Trustee (print name and title) Kimberly Goldman, Co-Trustee (print name and title) '~-)9 (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 IIFILESD1V\Departments\CED\LandDevlPROJECTS\PDIPD 20181PD2018-0008 Chestnut Avenue Residence-Horodyski\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 511-2A).doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 U ru~tj C:,. ) ' f)"' v • J l-lthJCr$o.-. A/o-kth1 ? '-< 61 t, On J / 1. &i / I t{ before me, • I Date f Here lnsrrt Nar:7e and Title of the_ Offir; r personally appeared __ ...:.r__:_w:__."..:..1..-----''-!..,c_:__,"1-L:e:.u,.._,_f\,____:Cl:....:..:h:..<.<.:_,_k..::,c:__, .,,·'.L.5.l.JLl-1.J#-----'--+-'-"--'--'-..,~'-·.-i-"'t{'-'--'t'--'l-- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence 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. fen ...... _ -DAVIOHENOERSON 1 z COMM.#2250457 • ORANGE COUNTY ~ NOTARY PUBLIC-CALIFORNIAi i MY COMMISSION EXPIRES r JULY 19, 2022 <>=<><.> c::;::: <:>=<><►<> 0 Place Notary Seal 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 an? offic;1iea'4 Signature fJJ !}~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ------'------Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTS\PDIPD 2018\PD2018-0008 Chestnut Avenue Residence-Horodyski\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 511-2A).doc 01/25/13 EXHIBIT. 11A II Legal DesCJ1)tlon Real property i1 the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 19764, IN THE OlY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 15, 2005. PARCEL B: EXCLUSIVE JOINT ACCESS EASEMENT OVER PARCEL 2 AS DESCRIBED IN DOCUMENT ENmLED "COVENANT FOR EASEMENT'' RECORDED JUNE 15, 2005 AS INSTRUMENT NO. 05-501765 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1951 AND CHESTNUT SITE BOUNDARY ADJUSTMENT ADJ 01-01 FRED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12, 2001, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER UNE OF ADAMS STREET, SOUTH 28°10'01" EAST A DISTANCE OF 246.31 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE, NORTH 61 °50'31" EAST A DISTANCE OF 140.00 FEET; THENCE NORTH 28°10'01" WEST A DISTANCE OF 246.30 FEET TO A POINT ON THE CENTER LINE OF CHESTNUT AVENUE TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERUNE NORTH 61°50'31" EAST A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID CENTER UNE OF CHESTNUT AVENUE, SOUTH 28°10'01" EAST A DISTANCE OF 180.10 FEET; THENCE SOUTH 61 °50'31" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 28°10'01" WEST A DISTANCE OF 180.10 FEET TO THE TRUE POINT OF BEGINNING. APN: 205-210-96-00