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HomeMy WebLinkAboutDEV 2017-0106; Campana, Manuel and Janine; 2017-0422087; 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# 2017-0422087 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Sep 14, 2017 11 :45 AM OFFICIAL RECORDS Ernest J_ Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-220-59-00 W~) PROJECT ID: -D-EV_2_0_1-7--0-10_6 ____ _ V PROJECT NAME: 2139 Alga Road HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 504-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Manuel R. Campana and Janine Campana, trustees of the Campana Family Trust dated 10/6/1993, 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 \IFILES01 V\Departments\CED\LandDev\PROJECTSIDEVIDEV 20171DEV2017--0106 2139 Alga Rd -Rick\HOLD 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 \\FILES01 V\Departments\CED\LandDev\PROJECTS\DEV\DEV 2017\DEV2017-0106 2139 Alga Rd -Rick\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this AL/ day of ____ ~....._.,._ __ , 204. APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) Manuel R. Campana and Janine Campana, trustees of the Campan Family Tr: t dated 10/6/1993 By: f: (sign here) Manuel R. Campana, Trustee (print name and title) Date: /j ;-2../-c--O I J By., ')-,/ -i ?-n,,(?:r-< V Janine Campana, Trustee (print name and title) Date: ?/4Jv/; z ' l (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 IIFILES01V\Departments\CED\Land0ev\PROJECTSIDEVIDEV 2017\DEV2017-0106 2139 Alga Rd -Rick\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 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 / ,~ .J.-1. ) County of GQY'\-ttR, W..9 "'--) On A~_M-+--1Qfl-before m~f! 2 A 1s1~ .t, ~Pub/'1(_,. U Date ~ , A Here Insert Name andJJ~ of theOffi;er, n personally appeared ~ \ h~ '-~{)J\v\. i J T \l\.()V~ IL-• (' (A_,~ (A_ Nam6€J)f Signer@) who proved to me on the basis of satisfactory evidence to be the pers~s whose name@--l&i~ subscribed to the within instrument and acknowledged to me that ~ executed the same 'Tl,--' -tits7'tim/~uthorized capacitytiesi)and that by ~/~ignature(lh)n ·nstrument the persc:@D or the e1¥y upon behalf of whic'liTue person(s) acted. executed the in~ument. 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 an correct. WITNES ----------------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 Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: __________ _ ,'.@14 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTSIDEV\DEV 2017\DEV2017-D106 2139 Alga Rd -Rick\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 _ 4. The Land referred to in this policy is described as follows: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THAT PORTION OF LOT 156 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN Ti-IE OFFICE OF THE COUN1Y RECORDER OFSAN DIEGO COUNTY, SEPTEMBER 14, 1966 AND AS SHOWN BY CERTIACATE OF COMPLIANCE OF COMPLIANCE RECORDED SEPTEMBER 22, 2006 AS INSfRUMENT NO. 2006-0676351 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: - BEGINNING AT THE NORTI-!WEST CORNER OF SAID LOT 156, SAID CORNER BEING ON THE SOUTHWEST SIDELINE OF ALGA ROAD, A PUBUC STREET, AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SIDELINE SOUTH 50° 44' 00" EAST A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID SIDELINE SOLITH 30° 10' 35" WEST A DISTANCE OF 101.27 FEET; THENCE SOUTH 50° 44' 00" EAST A DISTANCE OF 107.00 FEET; THENCE SOUTH 39° 16' 00" WEST A DISTANCE OF 193.44 FEET; THENCE NORTH 47° 21' 09" WEST A DISTANCE OF 138.24 FEET; THENCE NORTH 39° 16' 00" EAST A DISTANCE OF 158.36 FEET; THENCE NORTH 50° 44' 56" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 39° 16' 00" EAST A DISTANCE OF 126.93 FEET TO THE TRUE POINT OF BEGINNING. APN: 215-220-59-00 First American Title Insurance Company