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HomeMy WebLinkAboutCDP 2016-0006; Arellano Family Trust; 2018-0401389; 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# 2018-0401389 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Sep 26, 2018 12:21 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES: $101.00 (SB2 Atkins $75.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-170-25-00 @ PROJECT ID: _C_D_P-20_1_6--0-0-06 ____ _ PROJECT NAME: MFD-1 ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 509-4A) and improvement plan (DWG 509-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Jose Luis Arellano and Maria Elena Arellano, Trustees, under the Arellano Family Trust, dated September 3, 2013, and any amendments thereto, transmuted to the community property with right of survivorship of Jose Luis Arellano and Maria Elene Arellano, 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 16\CDP2016-0006 MFD-01 -RicklB & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 '? .11: 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. 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 /II /II Ill Ill Ill Ill Ill /II Ill /II /II Ill /II Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 161CDP2016-0006 MFD-01 -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this I/" day of JLt ~ , 20-+-/ ....... ~--- APPROVED AS TO FORM: CELIA BREWER City Attorney ByM~ RON KEMP Assistant City Attorney City of Carlsbad 0WNER(S) Jose Luis Arellano and Maria Elena Arellano, Trustees, under the Arellano Family Trust, dated September 3, 2013, and any amendments thereto, transmuted to the community property with right of survivorship of Jose Luis Arellano and Maria Elena Arellano By: Jose Luis Arellano, Co-Trustee (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: (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\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP2016-0006 MFD-01 -Rick\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 c)/. ,J f) 1 EG 0 County of A- On J Ui. y I 9 :k-1 J before me, I.. /)h,.t> M L yo;J tJc·nr~'/ Pt1/3uc Date V L A Here Insert Name and Title of the Officer cJ ,..E-v1r flEtlllf'/0 personally appeared .) .:, ' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the ptsonc£ whose name{/ is/ta' subscr' ed to the within instrume and acknowledg d t me that he/ eltt/3y_ executed the same his/h'.:~h;rr authorized capacity(i;f, and that b_y his/~gfr/t~r signatur;,~ n the instrument the person ), or thd~~t1ty upon behalf of which the person{o/ acted, 0 executed the i~tr~ment. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that th going 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: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title{s): ______ _ D Corporate Officer -Title{s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ .:.:.<JM~@M~@~'@t#S@~M'@"§fj"§f<J§X/g<;;~S&~~'g<y§cy§;<j.@@~t ©2014 National Notary Association· www.NationalNotary,org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP2016-0006 MFD-01 -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Ticer Title Company of California THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: That portion of Lot 1 (Northeast quarter of the Northeast quarter) of Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northeast corner of said Section 1, thence 0°05' West 844 feet to the True Point of Beginning; thence continuing South 0°05' West 74 feet; thence North 89°55' West 150 feet; thence North 0°05' East 74 feet; thence South 89°55' East 150 feet to the True Point of Beginning. APN: 155-170-25-00 CLTA Preliminary Tille Report IPrelm (DSI Rev. 8/15/16} Page 3 Order No.: 00448007-995-SDT-ND