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HomeMy WebLinkAboutCDP 15-42; Corbin, Dale and Debra; 2016-0460106; 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# 2016-04601 06 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:29AM 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.: 207-360-55-00 ~ PROJECT ID: ---=c=o=P:-:1:-=-5:-:-4-::-2------ ~ PROJECTNAME: __ C_O~R_B_I_N_H~O~U~S~E~------ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 495-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Dale Corbin and Debra Corbin, 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 Q ICEO\LandDev\PROJECTSICDPICDP 15\CDP 15-42 Corbin House-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE-DWG 495-4Adoc 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q ICED\LandDev\PROJECTS\CDPICDP 15\CDP 15-42 Corbin House -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE -DWG 495-4A.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _ day of ~J • .Z. "-c\ , 20 / {e . APPROVED AS TO FORM: CELIA BREWER City Attorney Bywp~ Assistant City Attorney City of Carlsbad OWNER(S) Dale Corbin and Debra Corbin, husband and wife as joint tenants. / ;//_7~/ By:~~ ,... (Sign Here) Dale Corbin, owner o/rint Name and Title) Date:~ By:~-• ~ (Sign Here) Debra Corbin, owner (Print Name and Title) Date: Z/J= J J {p (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 Q:ICED\LandDeviPROJECTSICDPICDP 15\CDP 15-42 Corbin House-Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE -DWG 495-4A.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 County of ~ /:) t'E;6tJ On _ _,?'-----'-2=----_-_2.()---=--_(-'--~--before me, =--=.....::_:_;;-'-'....<....1=:.1_~'--'---='----""=-=--~--'--'--=---'--'-"-,li'-'­ Oate personally appeared lJ4t£ C!..nihttJ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i81'are subscribed to the within instrument and acknowledged to me that Refslole/they executed the same in l'ri"sfher/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TV 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 unin~ended documen~ A/4&& Description of Attached DoG'/IJ)eqt 11 1 c£'O A& t.E£i'Jil'Gtf}--r D 1 o 1 Title or Type of Docu~t: f'LJJ ntlt4n LC~ Document Date: (J -2...-2-A I ,)0 Number of Pages: ~ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) CI<Rilled.J>y ~n,r(.s) .. { r.--t:t _.,A n ~/? "" • r Signer's Name: )Jftt...tr'~/ Y Signer's Name:~ l..:...l!TL!OIIU D Corporate Officer -Title(s): D Corporate Officer -Title(s): ______ _ D ~rtner -D Limited D General D Partner -D Limited D General (g'fndividual D Attorney In Fact CiHf'idividual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~,...,~~~~~~ ©2014 National Notary Association· www.NationaiNotary.org •1-800-US NOTARY (1-80Q-876-6827) Item #5907 4 Q:ICED\LandDev\PROJECTSICDPICDP 15\CDP 15-42 Corbin House· Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE· DWG 495-4A.doc 01/25/13 ' . EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Lot 3 of Parcel Map No. 21144, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County July 28, 2014 as File No. ~014-0317270, Official Records. APN: 207-360-55-00 I Exhibit A Created: 09/30/2015 410-1508381-41