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HomeMy WebLinkAboutPC 15-52; Purdy, William and Margaret; 2017-0006343; 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 Or. Carlsbad, CA 92008 DOC# 20 i 7-0006343 1 Iii\\ I IIIII U\ll \Ill\ lUI \IIIII U\11 U\11 ll\1\ l\\U IIIII l\U\ Ill\ lUI Jan 05, 2017 11 :07 AM OFFICIAL RECORDS Ernest J. Oronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ---::2..:::05=-c-:=::22=-::0:-:,.-7:....:2::....:-0:..:0:.._ ___ _ 1.71.;\ PROJECT ID: PC 15-52 \V PROJECT NAME: Purdy Residence Addition HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan PC 15-52 for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, William Purdy Ill, and Margaret L. Purdy, Trustees of the Purdy Family Trust Dated January 8, 2002, the owners 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 C:\Users\FRONTD-1\AppData\Locai\Temp\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 C:\Users\FRONTD-1\AppData\Locai\Temp\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of _,D:.......::e~t ____ . 20 1'i . APPROVED AS TO FORM: OWNER(S) William Purdy, Ill and Margaret L. Purdy, Trustees of the Purdy Family Trust Dated January 8, 2002 By:~/// S1gn er cJd),w z~ a: 1/~e 1!~· (Pri Name and Title) ~ ~ 'fr~ Date: By ?if-~ :LfP L< ~ (Sign Here) m c,t.,f" j. y..v \---l ~ u. ....... ~ ~ '("\...t_ -=-·\-~ o\-\> u. y" (Print Nam and Title) ~a.""'~\"-\v'-'l :>+ Date: 0 c:A-. 2: <b, J-0\ s- RON KEMP f4\vL. EDIYloNS...N $"tL. Assistant City Attorney 1 z/2"l-/tt.. (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 C:\Users\FRONTD-1\AppData\Locai\Temp\HOLD 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 California j /l · County of ~1-:n A}~ .e_j<Y' On______ :foceme, /!t{k/ _f-/HJJJLLiln/ rAJtJ/<11 Date /) . Here Insert Name and Title of the Officer . personally appeared t« ll~tl,/11 ra rl't OJ _JJ._LlJ2{_ __________ _ L O Name(s) of Signer(s) 7 7 7 t1 r 911 Y' e t , 1JA J/'t.~ _______ ,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~ subscrib~_d_to the within instrument and acknowledged _!Q,me that he/she/~ executed the same in his/he1(fheir authorized capacity(ies), and that by his/he@J?signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •• VICKI HAMilTON •1 Commission# 1982029 Notary Public • California San Diego County ~ My Comm. Expires Jun 15, 2016 • Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L &.tL 1=~?21. tl/hA- 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: ____________ _ 0 Corporate Officer -Title(s): ____ _ Signer's Name:--------,--,,---------- 0 Corporate Officer -Title(s): ____ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: _____________ _ Signer Is Representing: ____________ Signer Is Representing: ________ _ m'!.-'*-~~~~~~~~....,~~~'<;~~~'<;<i,~'!Xi~~~'g;:~'\i;:<;;<;:"'~~~~~~"'"';'~X>~~~~"'-1'1:>~~~~~~~ ©12014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 C:\Users\FRONTD-1\AppData\Locai\Temp\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 --. ~. 002664 All those portions of Lots 17 to 24 inclusive, Block 86 of the Town of Carlsbad, City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888, together with a portion of 9th Street, between Blocks 86 and 88 of ·said Town and Carlsbad, as vacated and closed to public use on February 15, 1893, by Order of the Board of Supervisors of San Diego County, being in the County of San Diego, and being described as follows: Commencing at a point on the Southeasterly line of Elm Avenue, a distance thereon North 55°27'00" East, 1244.28 feet from the most Westerly corner of Tract 115,, as shown on map No. 1661 of Carlsbad Lands, filed in the Office of said San Diego County, March 1, 1915, said point being distant South 55°27'00" West, 79.00 feet from the most Westerly corner of land described in deed to George E. Leach, dated December 21, 1927, and recorded in Book 1395, Page 240 of Deeds; said point also being the True Point of Beginning; thence South 34°33'00" East, 200.00 feet to the Southeasterly line of said Lot 24, said point being distant along said Southeasterly line, South 55°27'00" West, 79.00 feet from the most Southerly corner of said Leach land; thence along the Southeasterly line of said Lot 24 and the Northeasterly prolongation thereof, North 55°27'00" East, 79.00 feet to the most Southerly corner of said Leach land; thence along the Southwesterly line of said Leach land, North 34°33'00" West, 200.00 feet to the most Westerly corner of said Leach land, being also to a point-in the --Soufheas-tet"ly-·-lin-e--o-f -said Elm Averme;-the-nce. al.ong said ___ .. ____ _ Avenue, South 55 9 27'00" West, 79.00 feet to the True Point of Beginning. Excepting therefrom the Northwesterly 2.00 feet.