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Home My WebLink AboutPD 2021-0003; Bridgen, Ian and Trishell; 2021-0356327; Hold Harmless Agreement/ReleaseDOC# 2021-0356327 1111111111111101011101111111111111111111111111110111111111111111 May 10, 2021 09:15 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: S0.00) PAGES: 5 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-290-09 PROJECT ID: PD2021-0003 PROJECT NAME: Brigden Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 529-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), l/We, Ian Marc Brigden and Trishell Dawn Brigden, Trustees of the Ian and Trishell Brigden Family Trust dated July 6, 2015, 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 QACEDILandDeAPROJECTS‘PLAI'D 2029.1.02021-0003 Brigden Residence - & MOLD 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. III II- HI IH Il- 111 III QACEIALandDev...PROJECTSWIAPD 20214'02021-0003 Brigden Residence - EIias6 & *HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 By: By: RON KEMP Assistant City Attorney City of Carlsbad IN WITNESS WHEllEOF, the undersigned has executed this instrument this , 20 -71 day of OWNER(S) Ian Marc Brigden and Trishell Dawn Brigden, Trustees of the Ian and TrisheItBridet Family Trust dated July 6, 2015 (Sign Heee)-) Ian Marc Brigden, Trustee Date: By: 0 ' (Print Name and Title) Vit (Sign Here) Trishell Dawn Brigden, Trustee Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney (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 QACEMLandEloAPROJECTV.PEAPD 2021TD2021-0003 Brigden Residence - & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01,25/13 EVAN WILSON Notary Public - California San Dies° County Commission # 2323428 - My Comm. Ex,Iires Mar 28, 2024 Signature of Notary Public Signe cALIFORNW4pdlowLeDommt CIVIL CODE § 1189 r t A notary publicorOther officer cam plefir9 this certificateverificsonly. the id entity of the indiviC ualwhosigned the document owhich this-certificate is attachet'an41. not tatruthfulness,:accuracy. or validity of that document. -- - --- - State of California Opurity of Ce/1 pe.ro rioy spea red Who proved to ma en the basis. of satisfactory evidence :o be the oevsan(S) whose name(s) Is/are subscribed to the wilhin instrument and acknowledged 70 me that he/she/they executed :he same In his/her/their authorized capacity(les), and.that by. hIsihe'ithelr signature(s) on the Instrument the person(s), or the entity Upon behalf of which the .person(S) acted, executed.the-instrument. n (//02/1 L1-0 Z• Date betre rne, 1./6 /1 (b -(4 d r PL/M Here ltisert.Natne and pie of Ole Officer r , 0.1C, g ;ciei "'fçLic 11 ,me(s) of SignelQ "I° ‘15 r I, a ,/1 PiCicechki.tdrySeciLand/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. WITNESS: my hand and official. OPTIONAL completing this information can deter alteration of the document or . . fraudulent reattachment of this form to an unintended document Description ,of Attached D c m t . Titte or TA:De. Doc. rn.ent 0 tic rA,, k.sf .404-6-er.-4-- — 1) rot, 4 ,,s t , Qacunient Da . Lt 67 7.8 -2. I / Number of PageS', — - Sgrier(s) Other T ati N med.Above: _. _ Capacity(ies) Claimed by Signer(s) Signer's Name: 0;Corporate Officer - Title(s): 17 Partner -0 Limited 0 General 0 Individual 0 Atorney In Fact O Trustee o Guardian or Conseiva-.cr q Other: Signer Is RePresentIng: Signer's. Name: 0 Corporate Officer - 0 Partner - 0 Limited 0 General Individual Attorney in Fact o Trustee o ,uardiati,or ConserVatdr O 'Other:. Signer IS Representing: Q2019. National Notary Assoeiation. 4 QACEDIandDevIPROJECTSPDTD 2021 TD2021-0003 Brigden Residence - Elias‘13 & AAHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 Order No 00130205-052-SO I -KM4 Policy No. CA -FSOG-IMP-27451-1-20-001 30205 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 72 OF CITY OF CARLSBAD TRACT NO. 04-09. LA COSTA GREENS NEIGHBORHOOD 1.17, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15161. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 31, 2005. EXCEPTING UNTO GRANTOR HEREIN, ITS SUCCESSORS AND ASSIGNS. TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, PARCEL 2: A NONEXCLUSIVE EASEMENT ON AND OVER THE COMMUNITY ASSOCIATION PROPERTY DEFINED IN THE DECLARATION REFERRED TO BELOW, FOR ACCESS, USE, ENJOYMENT, INGRESS AND EGRESS TO THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION. THIS EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE. PARCEL 3: NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, MAINTENANCE, REPAIR, REPLACEMENT, DRAINAGE, ENCROACHMENT, SUPPORT, AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION DESCRIBED HEREINBELOW. THIS EASEMENT IS APPURTENANT TO PARCEL I ABOVE. APN: 213-290-09-00 27451 ALTA Homeowner's Policy of Title Insurance (12-2-13) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page la