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HomeMy WebLinkAboutMS 2019-0001; Murray, Ethan Andrew; 2020-0609165; Hold Harmless Agreement/ReleaseDOC# 2020-0609165 1111111111111111111111filli Oct 08, 2020 12:01 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.: 206-160-13-00 PROJECT ID: MS2019-0001 PROJECT NAME: Murray Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of an improvement plan (DWG 524-9) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Ethan Andrew Murray, Trustee of Ethan Andrew Murray Living Trust, dated November 8, 2019, 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 QACED\LandDev\PROJECTS \MS WS2019\MS2019-0001 Murray Residences- Chua (See COP 2019-0028) \ B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 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. /// /// HI III III III III III IH III III HI III III III III HI III III III III 2 QACED\LandDey \PROJECTS \ MS \MS2019\MS2019-0001 Murray Residences- Chua (See CDP 2019-0028)\B&A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 II day of IN WITNESS WHEREOF, the undersigned has executed this instrument this PNySk , 20 2-0 OWNER(S) Ethan Andrew Murray, Trustee of Ethan Andrew Murray Living Trust, Dated November 8, 2019 e B • Ethan Andrew Murray, Trustee (Print Name and Title) Date: — at) By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney City of Carlsbad (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 QACED\ LandDev \PROJECTS \ MS\ MS2019 WS2019-0001 Murray Residences- Chua (See CDP 2019-0028) \B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 d official seal. Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document 4tiodTitle or Type of Document: Markot" P45444414dr 01/4 Document Date: Numberof Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): o Partner — 0 Limited 0 General O Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name* 0 Corporate Officer — Title(s): o Partner — o Limited o General o Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator o Other: Signer is Representing: CALIFORNIA 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 ‘ (,f County of 414 Weril 114C-c Here Insert Name an▪ d Title of the Officer &rim) krIPPev4 Ikkirk_Ae-1.1 Nameifr) of Signer(g) who proved to me on the basis of satisfactory evidence to be the person( sy whose name) is/are subscribed to the within Instrument and acknowledged to me that he/sWe/they executed the same In his/heir/tholr authorized capacIty(*), and that by his/h6r/their signature(b) on the Instrument the person((, or the entity upon behalf of which the person 0 acted, executed the instrument. On U before me, Date personally appeared r6si(lt;7'YA,4t2alisim at.0-0C4?, DAREN VASS ik COMM. #2264054 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. E4ires November 21, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. ©2019 National Notary Association 4 QACED\LandDe \APROJECTSNMS \ MS2019 \ MS2019-0001 Murray Residences- Chua (See CDP 2019-0028)N B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 21 IN BLOCK 'E' OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 07, 1929. APN: 206-160-13-00