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HomeMy WebLinkAboutCDP 16-37; Segneri Family Trust; 2017-0082286; 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# 2017-0082286 II IIIII IIIII IIIII IIIII 1111 111111 111111111111111 IIIII 111111111111111111 Feb 21, 2017 11:31 AM 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.: 207-010-25-00 ~--------------------~ PROJECTID: __ C_D_P_1_6-_3_7 __________ __ ~ PROJECT NAME: SEGNERI SOU HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (CB 16-3762) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Timothy P. Segneri and Lori J. Segneri, Trustees, of the Segneri Family Trust Dated 6/16/2004, 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 I\FILES01V\Departments\CED\LandDeviPROJECTSICDPICDP 16\CDP 16-37 Segnen SDU-Chua\CDP 16-37 Segnen 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 C:\Users\Shelly\AppData\Locai\Temp\Temp1_Attachments_201726-1.zip\CDP 16-37 Segneri HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _.&"'--1ft __ day of Ff/l r uanl , 2o---'-l-+] __ _ I OWNER(S) 1/We, Timothy P. Segneri and Lori J. Segneri, Trustees, of the Segneri Family Trust Dated 6/16/2004. APPROVED AS TO FORM: CELIA BREWER City Attorney By:~ RONKEM? Assistant City Attorney City of Carlsbad T (Print Nae and Title) Date: Date: ; ~ 7 (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 C:\Users\Shelly\AppData\Locai\Temp\Temp1_Attachments_201726-1.zip\CDP 16-37 Segneri HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 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 S,onJ D\ ~ lA 0 On 01, \oy \ 'kO \I before rne, Date personally appeared ~\~ ~U'\SW I NQ't'\1!@-~ ~~\...=-\-=C=--' -- Here Insert Name and Title of the Officer S~"~~ \ ~ \.oe-\ ..lG:-f!i\1 S~"»NU1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that ~/s~e/they executed the same in n/-;/hl/r/their authorized capacity(ies), and that by hil>/~r/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. -----------------------------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 \WIA> ~~~h~ Jtra.~eiV'I('n.<C Title or Type of Document: ?~I \I~~ Document Date: Oll\o v \wn Number of Pages:~ Signer(s) Other Than Named Above: ___::::=====:::::_ ____ _ Capacity(ies) Claimed by Sianer(s) ~• Signer's Name: 1"~"\ f. 'Sit~""~ Signer's Name: LO~\ ~~ SUI tot£.~' D Corporate Officer -Title(s): D Corporate Officer -Title(s): ____ _ D Partner -D Limited D General D Partner -D Limited D General ~ndividual D Attorney in Fact ~ 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: _________ _ ~~~~~~~~~~~~~~~~w.~~~~~w.~~w.~~~~~~~~~~~~~~~~~~~~ ©J2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 C:\Users\Shelly\AppData\Locai\Temp\Temp1_Attachments_201726·1.zip\CDP 16·37 Segneri HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as follows: PARCEL 1 OF PARCEL MAP NO. 14217, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 28, 1986 AS FILE NO. 86-080821, OF OFFICIAL RECORDS. Assessor's Parcel Number: 207-010-25-00