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Home My WebLink AboutPD 2021-0035; Roger M. Lane and Lisa N. Fyfe, Trustees of The Lane Fyfe Family Trust; 2025-0022879; 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# 2025-0022879 111111111111 lllll lllll llll llll/111111111/I IIIII IIIII IIIII IIIII IIII IIII Jan 29, 2025 09:54 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES $O.OO (SB2 Atkins $0 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-493-14-00 PROJECT ID: PD 2021-0035 PROJECT NAME: 7335 Bolero Street HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 533-4A) and improvement plan (DWG 533-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Roger M. Lane and Lisa N. Fyfe, Trustees of The Lane Fyfe 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. 1 Q:\CED\Admin\B&A\PROJECTS\PD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street T.C\HOLD HARMLESS AGREEMENT DRAINAGE.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 fu rther 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 2 Q:\CED\Admin\B&AIPROJECTSIPD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street T.CIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 - F, the undersigned has executed this instrument this __ _____.._,_.............,IAL...>.i:::>o..JI----' 20116 . day of ROGER M. LANE AND LISA N. FYFE, Trustees ofThe Lane Fyfe Family Trust APPROVED AS TO FORM : CINDIE MCMAHON City Attorney . By: Date: By: Date: By:/!,~/<. !l?t!Pt~ City Attorney City of Carlsbad ~ I\,( ~ign Here) Roger M. Lane -Trustee (Print Name and Title) /23/2-< Lisa N. Fyfe -Trustee (Print Name and Title) (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 corporat e seal empowering the officer(s) signing to bind the corporation.) 3 Q:ICED\Admin\B&AIPROJECTSIPD 2021-0035; IMP2024-0012; GR2021-0033 -7335 Bolero Street T.CIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - ACKNOWLEDGMENT 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 SAN DIEGO on January 23, 2025 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared Roger M. Lane and Lisa N. Fyfe 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~dJan (Seal) ........ f AMBER DAN Notary Public • ~lifornia : San Diego County ~ Commission /I 2466836 - y Comm. Expirl!S Oct 17, 2027 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 39 OF CARLSBAD TRACT NO. 75-4 (LA COSTA ESTATES NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976. EXCEPTING THEREFROM 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA, IN PATENT RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFACIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE, WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY, RECORDED JUNE 30, 1971 AS INSTRUMENT NO. 71 -141047 OF OFACIAL RECORDS. ALSO EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WITHIN 5 MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND. RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH, MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND 4 -WEST HALF OF THE SOUTHWEST QUARTER -SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, AS RESERVED BY GERMAIN M. GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF IN DEED RECORDED JUNE 27, 1960 UNDER RECORDER'S INSTRUMENT NO. 129955 OF OFFICIAL RECORDS. APN: 215-493-14-00