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HomeMy WebLinkAboutPD 2018-0008; Goldman, Irwin and Kimberly; 2019-0220017; 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# 2019-0220017 111111111111 lllll 11111111111111111111111111111111111111111111111111111 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 AS~OR'S PARCEL NO.: 205-210-96-00 PROJECT ID: PD 2018-0008 ------------PROJECT NAME: Chestnut Avenue Residence ------------ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 511-2A)) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/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 persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements 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. \lfiles01vldepartmentslced\landdev\projectslpdlpd 201 Blpd2018-0008 chestnut avenue residence-horodyski\b & a\hold harmless agreement drainage (dwg 511-2a).doc 01/25/13 It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. 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 /II /II /II /II /II Ill /II /II /II /II /II /II /II Ill /II /II /II /II Ill /II 2 \\files01 vldepartments\ced\landdevlprojectslpd\pd 20181pd2018-0008 chestnut avenue residence-horodyski\b & a\hold harmless agreement drainage (dwg 511-2a).doc 01/25/13 IN WITNES_§)IVHEREOF, the undersigned has executed this instrument this 2 <j day of .;.JtUUa,Y '20 11 . APPROVED AS TO FORM: CELIA BREWER City Attorney By 4J~KlJ12F Assistant City Attorney City of Carlsbad OWNER(S) Irwin Goldman and Kimberly Goldman, Trustees of the Irwin ::ldmab€erly Goldman Family Trust (Sign Here) Date: Irwin Goldman, Co-Trustee (Print Name and Title) Kimberly Goldman, Co-Trustee (Print Name and Title) I -ol9-I 9 (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 3 \\files01 vldepartmentslcedllanddevlprojectslpdlpd 2018\pd2018-0008 chestnut avenue residence-horodyski\b & a\hold harmless agreement drainage (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 Ora. 11 ;) e,_ ) On ____,_J-'-----J-"-1..-'-----q'----'--/--'----1------'&1 ___ before me, De"-V, J flt~{ (l!,e' '1 I,/ okr '/ P~ J /.t, Date 1 , Here lns7rt Name and Title of the (!fficn personally appeared =J------'---r----'w'-----, '.:....,!] _ _;;_{7_,__.,.,--'---=-'d'-'---Jt,,-'-'(A"'L.L..'V)'------_.a~,,...-4.t ...... _ _._ll=---,,'....utvi4--=b ...... e~r_.l_c,\ /,____,,.l~1~vl----"t.Jl[,.,_,111'--'---=Cl.L.h.____ Name(s) of Signer(s) 1 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. ~_____,. .,,, --• -----"V I certify under PENAL TY OF PERJURY under the laws A e DAVID HENDERSON l of the State of California that the foregoing paragraph •· COMM.# 2250457 i is true and correct. Z _ ORANGE COUNTY { ·· NOTARY PUBLIC-CALIFORNIA WITNESS my.· ~and;f,an ~fficial s . l MY COMMISSION EXPIRES! / /1. JULY 19, 2022 ~ Signature of Notary Public Place Notary Seal Above ---------------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 \\files01 v\departmentslcedllanddev\projectslpdlpd 2018\pd2018-0008 chestnut avenue residence-horodyskilb & alhold harmless agreement drainage (dwg 511-2a).doc 01/25/13 . ' ... EXHIBIT. "A II Legal Descr'1tk>n Real property il 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 ENillLED "COVENANT FOR EASEMENT" RECORDED JUNE 15, 2005 AS INSTRUMENT NO. 05-501765 OF OFFICTAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 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 UNE, 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 CENTERLINE NORTH 61 °50'31" EAST A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID CENTER LINE 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