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Home My WebLink About; Pfankuch, Michael James & Yvette Christine; 2010-0650337; Hold Harmless Agreement/ReleaseDOC 8 2010-0650337 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 NOV24, 2010 2:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-210-75-00 PROJECT ID: CB 10-1500 PROJECT NAME: Pfankuch Residence RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (CB101500) for development to occur on property more particularly described as attached Exhibit "A", I/We, Michael James Pfankuch and Yvette Christine Pfankuch, as Trustees of the Michael James Pfankuch and Yvette Christine Pfankuch Revocable Trust dated 6-1-1994, 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 1 Q:\FDEng\Development Services\PROJECTS\CB FILES\CB 101500 Pfankuch - Ontiveros\HOLD HARMLESS AGREEMENT DRAINAGE CB101500.doc 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. 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. day IN WITNESS WHEREOF, the undersigned has executed this instrument this £/f, of M OWNER(S) Michael James Pfankuch and Yvette Christine Pfankuch, Trustees of the Michael James^farikuch and Yvette Christine Pfankuth Revocable^ Trust darted 6-1-1994 By: (S.»gn Here) Michael James Pfankuch, Trustee (Print Name and Title) ale: (Signhfere) Yverteuhristine Pfankuch, Trustee Date: APPROVED AS TO FORM: RONALD R. BALLCity Attorney (Print Name and Title) JL Deputy Cit (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.) Q:\FDEng\Development Services\PROJECTS\CB FILES\CB 101500 Pfankuch - Ontiveros\HOLD HARMLESS AGREEMENT DRAINAGE CB101500.doc EXHIBIT "A" PROPERTY DESCRIPTION Lot 2 of Carlsbad Tract No. 84-34, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12048 filed in the Office of the County Recorder of San Diego County, April 20, 1988. CB 10-1500 Pfankuch Residence CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date before me, personally appeared ,8 C t c. Here Insert Natne and Title of the ( Name(s) of Signers) MN DICKEY Commiitton * 1891875 NMwyPuMfc.CtiHornli SM Diego County My Corrnn. Expires Jun 5. 20141 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 mytiand and dfflcial seal \LKQ_ ^Signature OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 Q:\FDEng\Development Services\PROJECTS\CB FILES\CB 101500 Pfankuch - Ontiveros\HOLD HARMLESS AGREEMENT DRAINAGE CB101500.doc