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Home My WebLink AboutCDP 2017-0043; Francis, Mark; 2018-0041559; Hold Harmless Agreement/Release.. 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 DOC# 2018-0041559 111111111111 lllll llll/ 111111111111111 lllll lllll lllll lllll lllll ll/11111 Feb 01, 2018 09:36 AM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES $101.00 (S82 Atkins $75 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-070-51-00 -----------® PROJECT ID: CDP 2017-0043 PROJECT NAME: Francis Residence ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 507-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Mark D. Francis, 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 \IFILES01V\Departments\CED\LandDev\PROJECTS\CDPICDP20171CDP2017-0043-Francis Residence -Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 I ,"I I z> 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 /II Ill Ill Ill Ill Ill /II Ill Ill /II Ill /II Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0043-Francis Residence -Chua\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 I C:, lJL IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _ day ot_Tn __ N_l_/,_'fJ_~__,__ _____ , 20 I 'if OWNER(S) Mark D. Francis, an unmarried man APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~~~a-~--RON KEMP ,- Assistant City Attorney City of Carlsbad By: Date: By: Date: (Sign Here) Mark D. Francis (Print ~i;_: r</ Title) I I (Sign Here) (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 corporate seal empowering the officer(s) signing to bind the corporation.) 3 I\FILES01V\Departments\CED\LandDev\PROJECTS\CDPICDP2017\CDP2017-0043-Francis Residence -Chua\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C~VIL 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. Colorc...do State of C~ia County of £ I ?~so On _j_JJJ,Qj 2.P I ~ Date personally appeared ) before me, _ ___h~~J1<Y-t... \y ~. _N_(l(/IRifuP),L-- --Here Insert Name and'-lit/4 of the Officer ___ , t--\WJ \L ~ (A(\.C-,\ s ------------------- 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. ANGELICA TREJO NOTARY PUBUC STATE OF COLORADO NOTARY ID 201640393(18 1-Kf COMMISSION EXPIRES OCTOBER ff, IMO 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: D Corporate Officer -Title{s}: __ _ D Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ Signer's Name: _____________ _ D Corporate Officer -Title(s): __ _ D Partner -D Limited D General D Individual D Trustee D Other: D Attorney in Fact LJ Guardian or Conservator Signer Is Representing: _________ _ •:02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Departrnents\CED\LandDev\PROJECTSICDPICDP2017\CDP2017-0043-Francis Residence-Chua\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 LEGAL DESCRIPTION Order Number: DIV-5470027 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 20~8l), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2011. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 19411, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 2004 SHOWN AND DELINEATED ON SAID MAP AS INGRESS-EGRESS EASEMENT TO THE CITY OF CARLSBAD. PARCEL C: A VIEW CORRIDOR EASEMENT OVER THE NORTHERLY 90.27 FEET OF PARCEL 2 OF PARCEL MAP NO. 20880, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2011. APN: 215-070-51-00 First American Title Page 5 of 14