Loading...
HomeMy WebLinkAboutCDP 16-29; Lincoln, Bruce and Christine; 2019-0239323; Hold Harmless Agreement/Releases 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# 2019-0239323 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jun 19, 2019 09:28 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr. SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE A~SSOR'S PARCEL NO.: 210-062-03-00 PROJECT ID: CDP 16-29 -----------PROJECT NAME: Lincoln Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 514-SA) and improvement plan (DWG 514-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Bruce C. Lincoln and Christine S. Lincoln, Trustees of the Bruce and Christine Lincoln Revocable Trust, U/A dated 8/7/2001, 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\DepartmentslCEDILandDev\PROJECTSICDPICDP 16\CDP 16-29 Lincoln Residence· Rick\B&AIHOLD 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 owner(s) will continue to accept offsite drainage discharging from Lot 34 of Terramar Unit No. 1, Map No. 2696, also known as 5195 Carlsbad Boulevard, unless otherwise approved by the City Engineer. 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 2 IIFILES01V\Departments\CED\LandDev\PROJECTS\CDPICDP 16\CDP 16-29 Lincoln Residence -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITN~S WHEREOF, the undersigned has executed this instrument this-+'/0 ___ day of t:111:\ , 20 \'7 . APPROVED AS TO FORM: CELIA BREWER City Attorney By: _A .... QQJ__ _________ rv ___ ~ __ _ RQNKEMp~ Assistant City Attorney City of Carlsbad OWNER(S) Bruce C. Lincoln and Christine S. Lincoln, Trustees of the Bruce and Christine Lincoln Revocable Trust, U/A dated 8/7/2001 By: ef7,_.., ?e1 :;,---';_ ~~ (Sign Here) Bruce C.Lincoln, Trustee (Print Name and Title) Date~ By CL~ Si};~ (Sign ere) Christine S. Lincoln, Trustee Date: (Print Name and Title) s( "' t,~ (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\PROJECTSICDPICDP 16\CDP 16-29 Lincoln Residence -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. / '\-f'11C>I\Cl. State of C~rnia County of ~~to~~l'-a,.~------- On llo M.~do\'\ before me, Jg.;,<.A. L RotPoJ.c) . tJOf'A/?.:/ /1,1/3/JC,,, B1te Here Insert Name and n6e of the Officer personally appeared e,rv.-u., C. d,n(.._ ~/\lo\!\ ~ °'~'by....e.,_ ~6.J\ UI\C.Q \(\ Name(s) of Signer(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. JESSICA L ROWALD Notary Public -Arizona Maricopa County Commission# 558214 My Comm. E•pires Jan 27, 2023 Place Notary Seal Above I certify under PENAL TY 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--+-"'~-"r-~---L-:)-~-~-----~ 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: ____________ _ Signer's Name: _____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: __________ _ ™'®~~"!if:(l@~.~:gc;;.-§?()g.'@§'§<i@~~~®,~~'Y;,~~, ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\LandDev\PROJECTSICDP\CDP 16\CDP 16-29 Lincoln Residence -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION LOT 27 OF TERRAMAR UNIT NO. 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, SEPTEMBER 6, 1950. 5 IIFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP 16-29 Lincoln Residence· Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13