The URL can be used to link to this page

Home My WebLink AboutCDP 16-08; Hoenig, Alan and Jozefa; 2016-0692273; Hold Harmless Agreement/Release5 N 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 DOC# 2016-0692273 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Dec 16, 2016 04:16PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS8SOR'S PARCEL NO.: 206-120-39-00 ~ PROJECTID: ~C_D_P~1~6-~0_8~----------~ PROJECTNAME: ~H~o~e_ni~g_R~e_s_id~e~nc~e~------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 496-5) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Alan Hoenig and Jozefa Hoenig, husband and wife as joint tenants, 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\LandDev\PROJECTSICDP\CDP 16\CDP 16-08 Hoenig Residence-Rick\Bonds and Agreements\HOLD 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 ~ischarge 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\Departments\CEDILandDev\PROJECTSICDPICDP 16\CDP 16-08 Hoenig Residence· Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this __ /_{_ dayof ~ APPROVED AS TO FORM: CELIA BREWER City Attorney By loVfEM0=9?= Assistant City Attorney City of Carlsbad '20 /0 OWNER(S) Alan Hoenig and Jozefa Hoenig, husband and wife as joint tenants By: fo-~~n Here) Alan Hoenig, husband and wife as joint tenants (Print Name and Title) Date: By ::fiJoek C{f; / (Sign Here) Jozefa Hoenig, husband and wife as joint tenants (Print Name and Title) Date: I 0 /u /.u;6 t I {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 16-08 Hoenig Residence-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 4 IN BLOCK "A" OF THE RESUBDIVISION OF PORTIONS OF TRACT 238 AND 243 OF TiiUM LANDS, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 2103, FILED IN THE OFFICE OF TI-lE COUNTY RECORDER OF SAN DIEGO COUNTY/ ON APRIL 3, 1928. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 4 DESCRIBED AS FOLLOWS: BEGINNING AT WE NORTHEASTERLY CORNER OF SAID LOT 4; THENCE SOUTH 28°39' EAST 145.20 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 4; THENCE LEAVING SAID BOUNDARY SOUTii 61°21' WEST AND PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID LOT 4, 37.60 FEET; THENCE NORTH 28°39' WEST AND PARALLEL WITH THE EASTERLY BOUNDARY OF SAID LOT 4, 145.20 FEET TO A POINT ON THE NORll-lERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 61 °21' EAST ALONG SAID NORTHERLY BOUNDARY 37.60 FEET TO TI-lE POINT OF BEGINNING. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPUANCE RECORDED DECEMBER 4, 1998 AS INSffi.UMENT NO. 98-786614 OF OFFICIAL RECORDS. APN: 206-120-39-00 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 Countyof Sc.'t"\ "1:::>··~ On 1 o ,,, ( '2..0 l C..... before me, Date Lonno< Aclc.W' Hc.-rv,::.Oo, ,..jok-e.~ t?v.bl•'c. Here Insert Name and Title of the Officer personally appeared ___ _._Pr---'-'-l.:ca.=~""'~--'-------'-H---'--'-6"-'e..___,_,......,--'--'-:-~-=t-_...o..""-'-Y1,_,CJ'""I'--~·-)..,c"'--"-2._,<."'-~f'-'o..=--'-J../.L..Oo<b'-"-t."--'""'--'---8J---\-- M!fne(s) of Stgner(s) 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. Place Notary Seal Above I 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 ofllc?\ Signature c~"-~~V"'r Signature of Notary Public -----------------------------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: _____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee OOther: __ _ 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: _________ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ~------------------ Signer Is Representing: ________ _ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDPICDP 16\CDP 16-08 Hoenig Residence-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13