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Home My WebLink AboutCDP 15-52; Schmaltz, Joseph Martin and Anne Varni; 2016-04600011; 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# 2016-0460011 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:05AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE AMS SOR'S PARCEL NO.: 214-023-04-00 PROJECTID: ~C~D~P~1~5-~5~2 __________ __ PROJECT NAME: Schmaltz Residence ---------------------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG495-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Joseph . Martin Schmaltz and Anne Varni Schmaltz, husband and wife as community property with right of survivorship, 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 1 \\FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-52 Schmaltz Residence-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 occurring during the construction work or improvements as specified in this agreement. 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CEDILandDeviPROJECTSICDP\CDP 15\CDP 15-52 Schmaltz Residence-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _ day of _____ o=-...~.o<<oy/~~....::;;-~3 __ , 20 } b APPROVED AS TO FORM: CELIA BREWER City Attorney By nJl w RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Joseph Martin Schmaltz and Anne Varni Schmaltz, husband and wife as community property with right of survivorship By~~ (S1gn Here) Joseph Martin Schmaltz, husband as community property with right of survivorship (Print Name and Title) Date: By: Anne Varni Schmaltz, wife as community property with right of survivorship (Print Name and Title) Date: 1:" /a :,) J(.p r ' (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 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSICDPICDP 15\CDP 15-52 Schmaltz Residence-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE 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 ofJcth DI-N/ C On /tvg,lf+ 2.3 ~1 \ll before me, /1!1t(hette II/ o\R-1--/8CUU,/v~ \IU£,\,l- Date . \ Here Insert Name and Title of the fficer personally appeared Anhe VO\.rh1 0 C hbx.ttl±z.. CA.~ ~ , Name(s) of Signer(s) ,Jasefh Y\Aachh ~ hrY, ,:1 l+-z 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. ~~dC1·~~L.L~ \/;c_~~~:Y ~~ ~ Com;;-~bsion if 2 ,;(.~; NJtary Pt!blic ~ C::;~ '. ~ Sc.n Cc Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------------------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: __ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Trustee 0 Other: Signer's e: rporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ______ _ tiona! Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\landDev\PROJECTSICDPICDP 15\CDP 15-52 Schmaltz Residence-Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Lot 4 in Block 22 of La Costa Downs Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April6, 1927. Except therefrom, all minerals rights as reserved in a Grant Deed recorded February 11, 1928 in Book 1416, Page 391, of Deeds. · APN: 214-023-04-00 !Exhibit A Created: 01/27/2016 410-1502880-41 NOTARY SEAL CERTIFICATION (Government Code 27361. 7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:(Th{/2-e/}e Vrok i-J3aSI' I Commission Number: '"20l..t? 0 4't2.-Date Commission Expires: 3 t9 I /(::; County Where Bond is Filed: __ S,.....<.>.o'"""-'-t\_.__-'D-....\._(~~t-='-" ---------- Manufacturer or Vendor Number:. _ _!-N_~-·~-1\...;,."_\ ____________ _ (Located on both sides of the notary seal border) Signature: ~(l;JAALC ~ F r. Name ( 1f applicable) Place of Execution:Cnt\ ['{\ai Lc£ C. A Date: q I 2J-_ I }~ ----"--'---- RecForm #R 1 0" 1 (Rev 3/15/16)