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Home My WebLink AboutCDP 14-07; Pryor, Jeffery W.; 2015-0456289; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 DOC# 2015-0456289 Aug 28, 2015 08:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-061-06-00 PROJECT ID: CDP 14-07 PROJECT NAME: PRYOR RESIDENCE 5243 SHORE DR RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (GR150023) for development to occur on property more particularly described as (see attached, Exhibit "A"), lAA/e, Jeffery W. Pryor, 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 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 Q:\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-07 Pryor Residence - Ricl<\B&A\CDP 14-07 Pryor 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-07 Pryor Residence - Rjck\B&A\CDP 14-07 Pryor Drainage.doc day of 20 APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP N Assistant City Attorney OWNER(S) Jeffery W. Pryor, Trustee of the Jeffery Pryor separate Property Trust, Dated December 14, 2004 By: CIZ2Jb^ 6L3 ^ (Sign Here) / ' (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.) Q:\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-07 Pryor Residence - Rick\B&A\GDP 14-07 Pryor Drainage doc 01/25/13 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 f^-^ ) Gounty of >^=^ \ On a.^^^^jC^ -^^/^ before me, X/^/^^/V/A^ V^r/f/gy puhl 0 Date personally appeared T'T'^ y -/gy Here Insert Name and Title of the Officer A/ame fsj df 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 he/sho/thcy executed the same in his/hor/their authorized capacityfies), and that by his/teenttrotrsignaturejlef) on the instrument the person(€), or the entity upon behalf of which the personl;^ acted, executed the Instrument. •*••*•*••*•* •*! •^i iffi nil ltl JOYE DAWN CATO Commission # 1964382 Notary Public - California San Diego County IVIy Comm. Expires Jan 18, 2016 \ 1 z z > 1 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. Signature J oTiiciai seal. Signature of Notary 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: Number of Pages: Signer(s) Otfier Thian Narri& Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited •G^ng'ral • Individual • AttpHl^ In Fact • Trustee CS'Suardlan or Conservator • Other: _ Signer Is^R^jDresenting: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: '€)2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Q:\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-07 Pryor Residence - Ricl<\B&A\CDP 14-07 Pryor Drainage.doc 01/25/13 EXHIBIT 'W h EASEMENT A public street and utility easement as dedicated per Terramar Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2696, filed in the Office of the County Recorder of San Diego County on September 6, 1950. PR 15-80 5243 Shore Dr | Pryor Residence