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HomeMy WebLinkAboutPD 2018-0032; Newby, Brent and Lisa Jeanne Puzo; 2019-0167741; 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# 2019-0167741 111111111111 ll111111111111111111 lllll lllll lllll 11111111111111111111111 May 06, 2019 11 :26 AM 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 A~· SOR'S PARCEL NO.: 156-110-84-00 -· PROJECT ID: PD 2018-0032 -----------. ·· PROJECT NAME: Newby-Puzo Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 515-1A) and improvement plan (DWG 515-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Brent Kyle Newby and Lisa Jeanne Puzo, Trustees of the Brent Kyle Newby and Lisa Jeanne Puzo Revocable Living Trust dated February 13, 2017, 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 1 IIFILES01V\Departments\CED\LandDev\PROJECTS\PDIPD 2018\PD2018-0032 Newby-Puzo Residence -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 IIFILES01V\Departments\CEDILandDev\PROJECTSIPDIPD 2018\PD2018-0032 Newby-Puzo Residence -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 3/ Sf-day of n I C<..ki1A-, 20------'-,_,_q __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Att City of Carlsbad OWNER(S) Brent Kyle Newby and Lisa Jeanne Puzo, Trustees of the Brent Kyle Newby and Lisa Jeanne Puzo Revocable Living Trust dated February 13, 2017 By: T (Sign He ~ Brent Kyle Newby, Trustee (Print Name and Title) Date: By: Lisa Jeanne Puzo, Trustee (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 IIFILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 2018\PD2018-0032 Newby-Puzo Residence -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 14710, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 26, 1987 AS FILE NO. 87-102951, OF OFFICIAL RECORDS. .. 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 Calif~nia , ) County of ,~,17),~o ) On Aaah ?J/5+1 t;IIJf before me, /te/J [Z:,~Q~rYJthr A-.Nolzt;i P4bl1l, Date ::lie Insert Name and Title cf the cer personally appeared /3,,e,1 t Ky/-e, JJ-e 'c!:J .tiJ1 d L,·st:t J~'-f.'-::Z··o Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ;l/are subscribed to the within instrument and acknowledged to me that M/lme/they executed the same in lis/1-ilr/their authorized capacity(ies), and that by tw/~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KELSY ROSE DAMM Notary Public -California j San DittO County f_ z Commi11ion ti 2159500 t O O O O ,Ml S0TT· !-eir:v,:-.2t2&l Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------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 / /_ / ),..41~.f /),A. ,/letqe,_ Title or Type of Document: Hf)/d Mar/fl/(,;> ,.J Document Date: _______ _ Number of Pages: £/ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Cl~ed ~Y Signer(s) . / - Signer's Name:/:Y,et1f-.KuJ-,1 A)<,c,,,,JrJ'4 Signer's Name: Cl$'411 .J-t>fV/ /?c.t~o □ Corporate Officer -Title(ef:________ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact D Individual D Attorney in Fact I& Trustee D Guardian or Conservator ~rustee D Guardian or Conservator □Other:______________ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1--800--US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\PD\PD 2018\PD2018-0032 Newby-Puzo Residence -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13