Loading...
HomeMy WebLinkAboutCDP 16-07; Ota Revocalbe Trust; 2017-0250693; 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# 2017-0250693 1\llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Jun 05, 2017 12:23 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-091-04-00 PROJECTID: -C~D~P~16~-~07~----------- PROJECT NAME: Ota Residence ~~~~~~---------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 501-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Blair Gregory Ota and Paula Ann Ota, Trustees of The Blair Gregory Ota and Paula Ann Ota Revocable Trust, dated June 3, 1987, subject to Item No. 9, 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 1 IIFILES01V\DepartmentsiCED\LandDev\PROJECTSICDPICDP 16\CDP 16-07 Ota Residence-Geldert, Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 16\CDP 16-07 Ota Residence-Gelder!, Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this /'2 day of_......;Mu___:;~r-------· 20 /7 OWNER(S) APPROVED AS TO FORM: CELIA BREWER City Attorney By12f2 J. ·~ "' RON'R:EMP Assistant City Attorney City of Carlsbad Blair Gregory Ota and Paula Ann Ota, Trustees of The Blair Gregory Ota and Paula Ann Ota Revocable Trust, dated ::ne 3, 19~jC~ 11em ~JJWM ~ Blair Gregory Ota, Trustee (Print Name and Title) Date: f?U<:; Dt 'h1! 1-- By: __ _____._a""'-, -=--~--=M~'-----'"""'~~t--·..}iutJ-==-"'-'""rtU.""""""-_ (Sign Here) Paula Ann Ota, Trustee (Print Name and Title) Date: ~ /.?, ){)17 (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 IIFILES01V\Departments\CED\LandDev\PROJECTSICDP\CDP 16\CDP 16-07 Ota Residence-Gelder!, Rick\Bonds and Agreements\HOLD 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. State of California 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 PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS 72 officlal12 Q Signature e;? Signature of Notary PVblie' Place Notary Sea/ 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. Title or Type of Document: /lltl~rf ~lfi?WjtDocument Date: S"-12· U!7 Description of Attached DocullJent ~ Number of Pages: 3 Signer(s) Other han Named Above: ___. ./J' /A: .-' Capacity(ies) Claimed by Signer(s) Si r's Name: ____________ _ 0 Corpo · r -Title(s): ----:::::;;-=---- 0 Partner -D Limited-""t:::~~~- 0 Individual 0 ~"@'!N~@~"@~~m~@®,:?v!Yi1!iW-~~~ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\DepartmentsiCED\LandDev\PROJECTS\CDP\CDP 16\CDP 16-07 Ota Residence-Geldert, Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ' t t ' EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 1.00 FOOT OF LOT 3 AND ALL OF LOTS 4 AND 5 IN BLOCK "J" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 5, 1923. EXCEPTING THEREFROM THE SOUTHEASTERLY 40.00 FEET OF THE SOUTHWESTERLY 80.28 FEET OF SAID LOTS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THE SOUTHWESTERLY 80.28 FEET OF SAID LOT 5; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5 A DISTANCE OF 40 FEET, MORE OR LESS, TO THE MOST EASTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOTS 5 AND 4 A DISTANCE OF 95.26 FEET TO THE MOST NORTHERLY COMER OF SAID LOT 4; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 4 A DISTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY PARALLEL WITH SAID NORTHEASTERLY LINE OF LOT 4 A DISTANCE OF 22.00 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 80.28 FEET OF SAID LOTS 4 AND 5 WHICH IS DISTANT THEREON 71.00 FEET NORTHWESTERLY FROM THE POINT OF BEGTh.TNING; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE 71.00 FEET TO THE POINT OF BEGINNING. APN: 206-091-04