Loading...
HomeMy WebLinkAboutCDP 2017-0009; Debra Ann Schiff Family Trust; 2018-0325057; 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# 2018-0325057 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 08, 2018 01 :36 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.: 203-023-16-00 -----------ffi PROJECT ID: _C_D_P_2_0_17_-0_0_0_9 ____ _ PROJECT NAME: Schiff Residence ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 509-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Debra Ann Schiff, Trustee of the Debra Ann Schiff Family Trust dated 9/19/2003, 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 Q ICED\LandDevlPROJECTSICDPICDP2017\CDP2017-0009&10 SCHIFF RESIDENCE -CHUAIB&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 /II /II /II Ill /II /II /II Ill /II /II /II /II /II Ill /II /II Ill Ill /II 2 Q ICED\LandDevlPROJECTSICDPICDP2017\CDP2017-0009&10 SCHIFF RESIDENCE -CHUAIB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of _____;:3=-..;_u_1_1-------' 20 18 OWNER(S) APPROVED AS TO FORM: CELIA BREWER City Attorney By: ------'-)(!2~~-------"-""-\ ;:{~ RON KEMPr Assistant City Attorney City of Carlsbad Debra Ann Schiff, Trustee of the Debra Ann Schiff Family Trust dated 9/19/2003 (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 QICED\LandDevlPROJECTS\CDP\CDP2017\CDP2017-0009&10 SCHIFF RESIDENCE -CHUAIB&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 Califo~~ ,-' ~ County of ':::c\V"\ _12 , ~ 0 On t,q lb(.:. !Zo\6 ) ) before me, _l)0 __ 1fYt_O_""_A_. _{2cbe; __ ;t_s;_o_n-,_\j_o_~_{1-+-----"~-IJ_bl_,c:._, Date 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. DAMON A. ROBERTSON Notary Public -California San Diego County Commission# 2178195 My Comm. Expires Jan 1, 2021 z z > 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 hand and official seal. s;gna1ura :P~ 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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s}: ______ _ D Partner -D Limited D General D Partner -D Limited D Gener~! 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: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0009&10 SCHIFF RESIDENCE -CHUA\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 ~yJub,' ~ 'A ' LEGAL DESCRIPTION Order Number: 0623-5366782 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL OF LOT THIRTY TWO (32) AND LOT THIRTY ONE (31) IN GRANVILLE PARK, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 178i FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 21, 1924. EXCEPTING FROM SAID LOT 32 THE MOST WESTERLY 25 THEREOF, AS CONVEYED IN DEED FROM ALFRED G. BLAIR AND SUSIE A. BLAIR TO ALICE M. GIBBINGS, EMMA J. GIBBINGS AND BESSIE H. GIBBINGS, BY DEED DATED AUGUST 6, 1924 AND RECORDED IN BOOK 1005, PAGE 448 OF DEEDS, RECORDS OF SAN DIEGO COUNTY. ALSO EXCEPTING FROM LOT 31 THE NORTHEASTERLY 10 FEET. APN: 203-023-16-00 l Arst American Title Page 5 of 14