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HomeMy WebLinkAboutMS 08-04; Palenscar, Thomas Y and James R and Bonnie; 2012-0067206; 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« 2012-00G7206 iiiiiiiinii 11 FEB 06, 2012 11:29 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-220-63-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 08-04 Palenscar Minor Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 471-4A) for development to occur on property more particularly described in Exhibit "A", I/We, Thomas Y. Palenscar and James R. Palenscar as Successor Trustees of the Palenscar Family Trust under Declaration of Trust dated August 7, 1989, as to a All of Parcel 1 and an undivided 75% interest in Parcel 2; And Vest In Thomas Yates Palenscar and Bonnie Sue Palenscar, as Trustees of the Thomas and Bonnie Palenscar Family Trust dated November 13, 2008, as to an undivided 25% interest in Parcel 2, the owners of said property, promise to indemnify and to hold the City of Carisbad, 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 1 Q:\GED\LandDev\PROJECTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE w Sign Block.doc 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. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\GED\LandDev\PROJEGTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE w Sign Bioci<.doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of (Dei , 20 OWNER(S) Thomas Y. Palenscar and James R. Palenscar as Successor Trustees of the Palenscar Familv Trust under Declaration of Trust dated August 7. 1989, as to a All of Parcel 1 and an undivided 75% interest in Parcel 2; And Vest In Thomas Yates Palenscar and Bonnie Sue Palenscar, as Trustees of the Thomas and Bonnie Palenscar Family Trust dated November 13, 2008, as to an Undivided 25% interest in Parcel 2. fSian Here) (Sign Here) Thomas Y. Palenscar, Trustee (Print Name and Title) Date: / ^ -7/ (Sign Here) James R. Palenscar, Trustee (Print Name and Title) Date: i^^/lA^l By: ^ r^^^^ Al (Sign Here) Bonnie Palenscar, Trustee Date: (Print Name and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Vflg.Al^^ Deputy City Attorney \ r (Proper notarial acknowledgment of execution by owner(s) must be attached) Q:\CED\LandDev\PROJEGTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE w Sign Block.doc (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, 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.) 4 Q:\GED\LandDev\PROJECTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE w Sign Biock.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ,f S/h^ ^/^(>li } On before me, Date Here Insert Name and Title of ttie Officer personally appeared 7H^/7/jd V ^ALe/^X^A/l^ ^^^^^S ^Ai^N/^t^AK^ ~ 7 ^ I l^;fT)e(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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r QCV i OFFICIAL SEAL DENNIS J.DAYTON 1 :\NOTARY PUBLIC-CALIFORNIAs ^' COMM. NO. 1794702 S SAN DIEGO COUNTY MYCOMM. EXP. MAR. 30,2012 J Place Notary Seal Above Signature OPTIONAL - Though the intormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date: Number of Pages: Signer(s) Other Than Named Above: MO^^"^ ^ Capacity(ies) Claimed by Signer(s) Signer's Name: . • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Tjtle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Associattan* 9350 De Soto Ave., RO.Box 2402 •Ctiatsworth, CA 91313-2402'www.NationalNotary.org item #5907 Reorder: Call Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\MS\MS 08\MS 08-04 Palenscar Minor Subdivision - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE w Sign Block.doc EXHIBIT A Order No.: 930021495-U50 LEGAL DESCRIPTION PARCEL 1:205-220-62 THAT PORTION OF TRACT 246 OF THUM LANDS, ACCORDING TO THE MAP THEREOF NO. 168L FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET AND DISTANT THEREON NORTH 28°39' WEST 150.5 FEET FROM ITS INTERSECTION WITH THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID TRACT 246; THENCE NORTH 61°21' EAST 412.8 FEET TO A POINT; THENCE NORTH 28°39' WEST 150.5 FEET TO A POINT; THENCE SOUTH 61°21' WEST 412.8 FEET TO A POINT ON SAID CENTER LINE OF HIGHLAND STREET; THENCE ALONG SAID LAST MENTIONED LINE SOUTH 28°39' EAST 150.5 FEET TO THE POINT OF BEGINNING. PARCEL 2: 205-220-63 ALL THAT PORTION OF TRACT 246 OF THUM LANDS, ACCORDING TO THE MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE RIGHT OF INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET WITH THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID TRACT 246; THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHWESTERLY PROLONGATION THEREOF, NORTH 61°21' EAST 412.8 FEET TO A POINT; THENCE NORTH 28°39' WEST 150.5 FEET TO A POINT; THENCE SOUTH 61°21' WEST 412.8 FEET TO A POINT ON SAID CENTER LINE OF HIGHLAND STREET; THENCE ALONG SAID LAST MENTIONED LINE SOUTH 28°39' EAST 150.5 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3