HomeMy WebLinkAboutPD 2018-0031; Huelsebusch, Melody; 2019-0126633; Hold Harmless Agreement/Release,
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
DOC# 2019-0126633
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Apr 09, 2019 01 :37 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $0 00 (S82 Atkins $0.00)
PAGES. 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AS~R'S PARCEL NO.: 156-163-13-00
PROJECT ID: PD 2018-0031 -----------PROJECT NAME: Huelsebusch Residence ------------
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 514-9A) and
improvement plan (DWG 514-9A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, Melody Huelsebusch, as Trustee of the Melody
Huelsebusch 2004 Separate Property 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.
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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.
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IN WITNESS ~~~Of, _the undersigned has executed this instrument this a?/
~,.L.,/ , 20 /f . day of
OWNER(S)
Melody Huelsebusch 2004 Separate Property Trust
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By ~fuL¥
Assistant City Attorney
City of Carlsbad
By:
Date:
By:
Date:
Melody Huelsebusch, Trustee
(Print Name and Title)
(Sign Here)
(Print Name and Title)
(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.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 San Diego }
On March 21, 2019 before me, L. Hahn , Notary Public, -------------------------------Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Melody Huelsebusch
L. HAHN
Notary Public -California
San Diego County
Commission# 2212799
My Comm. Expires Sep~. 2021
Place Notary Seal Above
.,.
2 ,.
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(~ whose name(~) is/are subscribed to the
within instrument and acknowledged to me that !:Kl/she/they
executed the same in ITISfher/tAeir authorized capacity(ies),
and that by llisther/theif signatur$) on the instrument the
person($1, or the entity upon behalf of which the personffi)
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.
Witness m~a?al seal
Signature ~
S natur o o ry uti"'
OPTIONAL
Though the information below is not required by lawd it may prove valuable to persons relying on the document and could prevent fraudulent removal an reattachment of the form to another 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 Individual
D Corporate Officer -Title(s): ________ _
D Partner D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: _______ _
Signer is Representing:
RIGHT THW.IBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
□ Individual
D Corporate Officer -Title(s): ________ _
D Partner D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: _______ _
Signer is Representing:
RIGHT Trc, r.:BPRlt;T
OF s1r_,NER
Top of thumb here
. '
EXHIBIT "A"
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED
OCTOBER 25, 1875, BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT 117 IN CARLSBAD LANDS, DISTANT
THEREON NORTH 89° 57' oo· WEST, 147.01 FEET FROM THE NORTHEASTERLY CORNER OF SAID
TRACT 117, AS SHOWN ON MAP NO. 1661 OF CARLSBAD LANDS, RECORD OF SAN DIEGO
COUNTY; THENCE NORTH 00° 55' 00" WEST, 342.53 FEET TO THE NORTHEASTERLY CORNER OF
THAT PORTION OF SAID NORTHWESTERLY QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO LOUIS P. AND ANNIE
HOFFMAN, BY DEED DATED APRIL 16, 1930 AND RECORDED IN BOOK 1763, PAGE 358 OF DEEDS;
THENCE ALONG THE NORTHERLY LINE OF THE LAND SO CONVEYED TO HOFFMAN, SOUTH 89° 52'
38" WEST, 69.50 FEET; THENCE NORTH 00° 55' 00" WEST, 322.42 FEET; THENCE SOUTH 89°-42' 15"
WEST, 72.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 42' 15 ..
WEST, 100.00 FEET; THENCE SOUTH 00° 55' 00" EAST, 170.00 FEET; THENCE NORTH 89° 42' 15•
EAST, 100.00 FEET; THENCE NORTH 00° 55' 00" WEST, 170.00 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET .
... END OF LEGAL DESCRIPTION ...