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Home My WebLink AboutPD 06-04; Oas Family Trust; 2017-0168892; 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# 2017-0168892 1111111 IIIII IIIII IIIII 1111 111111 IIIII 1111111111111111111111111 11111111 Apr 14, 2017 01 :44 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $30.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ---::-2=05'--:-2~1'--:0_-0'---1'--3-'---0-0 ____ _ ,<'/'/';) PROJECT 10: PD 06-04 ~ PROJECTNAME: ~O~a~s~R~e~s~id~e~n~ce~--------- ---------------------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 441-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, David Oas, Trustee of the Oas Family Trust, 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 IIFILES01V\DepartmentsiCED\LandDev\PROJECTSIPDIPD 06\PD 06-04, Oas Residence (FormerlyBrown Residence), Chua\Construction Change\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 I\FILES01V\Departments\CED\landDev\PROJECTS\PDIPD 06\PD 06-04, Oas Residence (FormerlyBrown Residence), Chua\Construction Change\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this~\'":::>\- day of &r v"'-= APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Attorn y City of Carlsbad '20 ,.., OWNER(S) David Oas, Trustee of the Oas Family Trust <::::: By: (Sign Here) I David Oas, Trustee (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: (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 \IFILES01\IIDepartments\CED\LandDev\PROJECTSIPDIPD 06\PD 06-04. Oas Residence (FormerlyBrown Residence). Chua\Construction Change\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THAT PORTION OF TRACT 240 OF THE THUM LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAliFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF DUE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS. BEGINNING AT A CONCRETE MONUMENT AT THE POINT OF INTERN OF THE CENTER UNE OF HIGHLAND STREET AND THE CENTER UNE OF CHESTNUT AVENUEi RUNNING THENCE ALONG SAID CENTER UNE OF HIGHLAND STREET SOUTH 28°39' EAST, A DISTANCE OF 203.0 FEET TO THE TRUE POINT OF BEGINNING; THENCJ: SOUTH 61°21' WEST PARALLEL WITH THE NORTHWEST UNE OF SAID TRACT 240, A DISTANCE OF 240 FEET; THENCE SOUTH 28°39' • · EAST PARALLEL WITH THE CENTER UNE OF HIGHLAND STREET, 137.00 FEET; THENCE NORTH 61 °21' EAST PARALLEL WITH THE NORTHWEST UNE OF SAID TRACT 240, A DISTANCE OF 240 FEET TO THE CENTER UNE OF HIGHLAND STREET; THENCE NORTH 2S039' WEST ALONG SAID CENTER UNE, 137.0 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INSTALLATION, MAINTENANCE AND REPAIR OF SEPTIC TANK ON THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF TRACT 240 OF THE THUM LANDS IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IS THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE POINT OF INTERSECTION OF THE CENTER UNE OF HIGHLAND STREET AND THE CENTER UNE OF CHESTNUT AVENUE, RUNNING THENCE ALONG SAID CENTER UNE OF HIGHLAND STREET SOUTH 28°39' EAST, 203.0 FEET; THENCE SOUTH 61°21' WEST PARALLEL WITH THE NORTHWEST UNE OF SAID TRACT 240, A DISTANCE OF 240 FEET; THENCE SOUTH 28°39' EAST PARALLEL WITH THE CENTER UNE OF HIGHLAND STREET; 65.5 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID PARALLEL UNE SOUTH 28°39' EAST, 6 FEET; THENCE SOUTH 61°21' WEST PARALLEL WITH THE NORTHWEST UNE OF SAID TRACT 240, A DISTANCE OF 6 FEET; THENCE NORTH 28°39' WEST PARALLEL WITH ADD CENTER UNE OF HIGHLAND STREET, A DISTANT OF 6 FEET; THENCE NORTH 61 °21' EAST 6 FEET TO THE TRUE POINT OF BEGINNING. PARCEL3: AN EASEMENT FOR INSTALLATION, MAINTENANCE, AND REPAIR OF A 3 INCH PIPE UNE FOR DRAINAGE FROM SAID ABOVE DESCRIBED EASEMENT FOR SEPTIC TANK OVER A STR1P OF LAND 2 FEET IN WIDTH, BEING 1 FOOT ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER UNE: THAT PORTION OF TRACT 240 OF THE THUM LANDS, IN THE CITY OF 0\RLSBAD, COUNTY OF SAN DIEGO, STATE OF CAliFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE (\' ~ OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE POINT OF INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND THE CENTER UNE OF CHESTNUT AVENUE, RUNNING THENCE ALONG SAID CENTER UNE OF HIGHLAND STREET SOUTH 28°39' EAST, 203.0 FEET; THENCE SOUTH 61°21' WEST PARALLEL WITH THE NORTHWEST UNE OF SAID TRACT 240, A DISTANCE OF 240 FEET; THENCE SOlJrH 28°39' EAST PARALLEL WITH THE CENTER UNE OF HIGHLAND STREET, 68.5 FEET; THENCE SOUTH 61°21' WEST PARALLEL WITH THE NORTHWEST UNE OF SAID TRACT 240, A DISTANCE OF 6 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 61 °21' WEST ALONG SAID PARALLEL UNE 150.0 FEET TO THE END OF SAID EASEMENT. SAID ABOVE DESCRIBED SEPTIC TANK AND PIPE LINE TO BE BURIED AT LEAST 2 FEET BELOW THE SURFACE OF THE GROUND. APN: 205-210-13-00 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 County of ~ S) ·, i1J 0 on ·"J /-:!2 \ J \I before me.-----'-'"""'-'--· -l--'~"---"'L~+--+-==-.t-N+LL-tJO...._~___Ll---'----Pu_V_Ie_ ( Date Here lnse/iN8meanJ Title of the Officer personally appeared ~tV.)~ J........ .e. 'C>~~ Name1) of Signer(f who proved to me on the basis of satisfactory evidence to be t!JA. person(#) whose name~)~re 5bscribed to the within instrument and acknoZ!ged to me that(b.iJ/she/they executed the same in /her/their authorized capacity(ils), and that b i er/their signature('IJ on the instrument the person«J. the entity upon behalf of whic~ the personif) ed, 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. WITNESS my hand and official seal. s;gnatuce '-1G . ~ Signature of No Public Place Notary Seal Above --------------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: Signer's Name: 0 Corporate Officer -Title(s): ______ _ 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: _________ _ i<r:YS'@S®"§;;<Stf<>@®-"d3S"'~~,~~W..>%~@~@'@~g;<'§i3"§X;;@'§l5"§.~@~·\?<J€"<>W"€<S@j@S'GX:WV~ @2014 National Notary Association • www .NationaiNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 06\PD 06-04, Oas Residence (FormerlyBrown Residence), Chua\Construction Change\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113