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Home My WebLink AboutCDP 15-45; Abdi Family Trust; 2017-0580778; 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# 2017-0580778 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Dec 13, 2017 02:11 PM 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.: _2_1_0_-0_6_1-_1_3--'-00.;.._ ____ _ (\lj,'\I PROJECT 10: _C_D_P_15_-4_5 ______ _ '<::.J PROJECT NAME: Abdi Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 501-BA) for development to occur on property more particularly described as (see attached, Exhibit "A") I/We, Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009, 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 IIFILES01V\Departments\CED\LandDevlPROJECTSICDPICDP 15\CDP 15-45 Abdi Residence -Bobbett, Rick\B&AIHOLD 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Oepartments\CED\LandDev\PROJECTS\CDPICDP 15\CDP 15-45 Abdi Residence· Bobbett, Rid<IB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this \ -:~~lk \ I \'-j day of N ,:_,\}-etrr1-t,-, 20_~-~-~--- APPROVED AS TO FORM: CELIA BREWER City Attorney By: _____.__~--=-------OJ~;:z=_ RON KEMP \ Assistant City Attorney City of Carlsbad OWNER(S) Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009 By: Date: By: Date: ~ _/ Al 1i\. JV,-----J¾S.~vt • (Sign fre) Behrooz L. Abdi, Trustee (Print Name and Title) \\/1 ~ /1'-. ~4'<,r)·~~~ (Sign Here) Sharon L. Abdi, Trustee (Print Name and Title) J/-/5-!-J (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 I\FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-45 Abdi Residence -Bobbett, Rick\B&AIHOLD HARMLESS AGREEMENT 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. '\)__ \ Here lnsert~eme af q Title of th ~V-1\\lGoL \ .... ~o, ~ C \ N~me(s) of Sig~r(s) ,1• ~O\ __:2)\f\~>J 0-A., '--. ~~J\. / . who proved to me on the basis of satisfactory evidence to be t~person(s) whose name(s) \.1are subscribed to the within instrument and acknowledged to me that ~e/they executed the sa~n ~~eir authorized capacity(ies), and that by his/her/their signature(s) bn'ttl.._e instrument the person(s), or t~enti'ty upon behalf of which the person(s) acted, executed the instrument. ~--·'-,A,_.,,,f"....A...,....,,._,.-._,-.~,J_,.._,.'---1> I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. j """'~~~ GOSIA BRAUN >-~ .'. COMM.# 2067847 S: WITNESS my hand an I. g . · NOTARY PUBLIC •CALIFORNIA ~ :!: SANTA CLARA COUNTY - Comm. Exp. MAY 11, 2018 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: _____________ Document Date: ________ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _______ _ D Partner - D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual 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.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED1Land0ev\PROJECTSICDPICOP 15\COP 15-45 Abdi Residence -Bobbett, Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED fN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALJFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 4 OF TERRAMAR UNIT NO. I, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950; THENCE SOUTII 59°21'20" WEST ALONG THE SOUTHWESTERLY PROLONGATrON OF THE SOUTHEASTERLY LINE OF SAID MAP THEREOF NO. 2696 TO A POINT ON THE MEAN fllGH TIDE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT TIIAT BEARS SOUTH 56°21'10" WEST FROM THE MOST WESTERLY CORNER OF SAID LOT 4, OF SAID MAP THEREOF NO. 2696; THENCE NORTII 59°21 'IO" EAST TO SAID WESTERLY CORNER; TIIENCE SOUTII 51 °51 '50" EAST 42.36 FEET TO THE POINT OF BEGINNING. PARCEL 2: TiiAT PORTION OF LOT 3 AND ALL OF LOT 4 OF TERRAMAR UNIT NO. 1, IN THE CJTY 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, SEPTEMBER 6, 1950, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG TIIE COMMON LINE BETWEEN SAID LOTS 3 AND 4 OF SAID TERRAMAR UNIT NO. I, SOUTH 30°38'50" EAST 20.00 FEET; THENCE NORTH 00°53' EAST 17.65 FEET TO A POINT ON A 75 FOOT RADIUS CURVE CONCAVE NORTIIERLY, A RADIAL LINE TO SAID POINT BEARS SOUTII 06°25'45" EAST; TIIENCE WESTERLY ALONG SAID CURVE 10.49 FEET THROUGH AN ANGLE OF 08°00'35" TO THE POINT OF BEGINNING. APN: 210-061-13-00