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HomeMy WebLinkAboutPD 2019-0012; Ward Commercial Inc; 2020-0609167; Hold Harmless Agreement/Release000# 2020-0609167 1111111111111111111111111111111111111111111 111111111 Oct 08, 2020 12:01 PM 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 ASSESSOR'S PARCEL NO.: 205-051-11-00 PROJECT ID: PD 2019-0012 PROJECT NAME: Block Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 519-7A) 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, Ward Commercial, Inc., a California Corporation, 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 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 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 1 a CED\ LandDey \ PROJECTS \PD \PD 2019\P02019-0012 Block Residence- Horodyski, Rick \GR2019-0031 - Rick\ B&A \ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc RECORDING 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 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. /// CiACED\LandDev \ PROJECTS \ PD\ PD 2019 \ P02019-0012 Block Residence- Horodyski, Rick\GR2019-0031 - Rick\ B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc IN WITNESS WHEREOF, the undersigned has executed this instrument this 29 day of 3011 , 2020. OWNER(S) Ward Commercial, Inc., a California Corporation By: (sign here) Brett Ward, President (print name and title) Date: By: / (sign here) Amy Ward, Secretary (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney r1 By: U41 RON KEMP Assistant City Attorney City of Carlsbad (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 QACED \ LandDey \ PROJECTS \ PD\ PD 201 9 \ PD2019-0012 Block Residence- Horodyski, Rick \ GR2019-0031 - Rick \ B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc • CODY GUY Notary Pokiala. - California Ditlo Cotinty CorofflIwon M4254 My Coraftl, Lx.pfte5 Me 16, 2022 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 ,5c.t-., A /2---i On 0 Ze7e7C2 before me, (""OW,./r/dAly 1 /7 dhe,.:',1/ coll'e Date Here Ksert Name and Title oif flje Officer personally appeared 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -------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 Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): El Partner — D Limited 0 General El Individual LI Attorney in Fact El Trustee 0 Guardian or Conservator El Other: Signer Is Representing: Named Above: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — DI Limited 0 General LI Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 QACED\LandDev\PROJECTSTD\PD 201 9 \PD2019-0012 Block Residence- Horodyski, Rick \GR2019-0031 - Rick\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc LEGAL DESCRIPTION EXHIBIT A THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 17 AND 18 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO: 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 16 OF SAID PATTERSON'S ADDITION; THENCE NORTH 55° 27' EAST ALONG THE SOUTHEASTERLY LINE OF PINE AVENUE 244.74 FEET; THENCE SOUTH 34° 33' EAST, 360.00 FEET; THENCE NORTH 55° 27' EAST PARALLEL WITH SAID SOUTHEASTERLY LINE OF PINE AVENUE 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 34° 33' WEST 34.24 FEET; THENCE PARALLEL WITH SAID SOUTHEASTERLY LINE OF PINE AVENUE NORTH 55° 27' EAST 175.06 FEET MORE OR LESS, TO THE WESTERLY LINE OF HIGHLAND STREET; THENCE SOUTH 24° 32' EAST ALONG SAID WESTERLY LINE OF HIGHLAND STREET 135.50 FEET, MORE OR LESS, TO A POINT IN THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THOMAS HUGHES, Er UX, RECORDED JULY 14, 1948 IN BOOK 2871, PAGE 453 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 55° 27' WEST 150.79 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2 IN DEED TO J. BLAIR PACE, ET UX, RECORDED MARCH 18, 1946 AS INSTRUMENT NO. 20819, IN THE OFFICE OF THE REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY; THENCE LEAVING SAID NORTHEASTERLY LINE, AND CONTINUING SOUTH 55° 27' WEST 11.65 FEET; THENCE NORTH 27° 39' 10" WEST, 99.37 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A PRIVATE SEWER LINE OVER THE NORTHERLY 3.0 FEET OF THAT PORTION OF LOTS 17 AND 18 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNT( OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT(, SEPTEMBER 22, 1888, THE NORTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 16 OF SAID PATTERSON'S ADDITION; THENCE NORTH 55°27' EAST ALONG THE SOUTHEASTERLY LINE OF PINE AVENUE AS SHOWN ON SAID MAP NO. 565, A DISTANCE OF 244.74 FEET; THENCE SOUTH 34°33' EAST, 425.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 55°27' EAST, 142.14 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF PARCEL 1, HEREINABOVE DESCRIBED. ASSESSOR'S PARCEL NUMBER: 205-051-11-00