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HomeMy WebLinkAboutPD 2018-0008; Goldman, Irwin and Kimberly; 2019-0220018; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2019-0220018 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jun 07, 2019 08:17 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0 00) PAGES 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. 205-210-96-00 PD 2018-0008 PROJECT NAME: Chestnut Avenue Residence HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of Tract 240 of Thum Lands, according to Map thereof No. 1681 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, ll(We) Irwin Goldman and Kimberly Goldman, Trustees of the Irwin Goldman and Kimberly Goldman Family Trust, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. Ill Ill Ill Ill Ill Ill Ill 1\IFILES01V\Departments\CED\LandDevlPROJECTSIPDIPD 2018\PD2018-0008 Chestnut Avenue Residence-Horodyski\B & AIHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this Z j day _.,,. of Janua~ , 2o_fl APPROVED AS TO FORM: CELIA BREWER City Attorney Byu Cy Assistant City Attorney PROPERTY OWNERS Irwin Goldman and Kimberly Goldman, Trustees of the :in Goh~ Kimberly Goldman Family Trust (sign here) Irwin Goldman, Co-Trustee (print name and title) Date: / 'J 9 · / °/ By~,~~r~ Kimberly Goldman, Co-Trustee (print name and title) Date: I -.;:>9 -1 9 (Proper notarial acknowledgment of execution by SUBDIVIDER 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.) 2\IFILES01V\DepartmentslCEDILandDev\PROJECTS\PDIPD 2018\PD2018-0008 Chestnut Avenue Residence-Horodyski\B & AIHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx 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 D U:1 Y' g L On }/2 q/;4 ~v,'A ll,hj ( /'}(/IJ dt2lct1: t g,, h le Date Here In ert Name and Titleff the Officer before me, personally appeared __ ,__,r...:..w:..::....e.•...:..·Y\_,__...:..{-'1-=-~....:.{J~:J-"'!...L..!. __ _,c...:......1£..C. __ ,.,,,.,_~~J.<L....:.....:..1----'--'---'"--'-"-_c_::__""--'-1-- 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. ie<> --DAVIDHENOERSON 1 ,.. COMM.12250457 2 ORANGE COUNTY <:( · NOTARY PUBllc-cALIFORNIAi l MY COMMISSION EXPIRES f. JULY 19, 2022 <.> <> <> <> :c;;:a <> <.> <.:> <► <► - 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 h~nd a~'lfficial seal. Signatureaf?J ~~ 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: ________ _ ~~-W,'=~~-=g;,""<;,~W,;'<;;<;;<.:<;!<.X;,'\,X,W,;,'C(,'@;,~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3\\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 2018\PD2018-0008 Chestnut Avenue Residence-Horodyski\B & AIHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx EXHIBIT. "A II Legal Desa1>tfon Real property i'l 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 CITY OF CARLSBAD, COUNlY 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 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1951 AND CHESTNUT SITE BOUNDARY ADJUSTMENT ADJ 01-01 FRED IN THE OFFICE OF THE COUNlY 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