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HomeMy WebLinkAboutCDP 2017-0018; Polzin Family Trust; 2017-0558244; 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# 2017-0558244 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Nov 30, 2017 04:09 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE SOR'S PARCEL NO.: 206-180-40-00 PROJECT ID: CDP 2017-0018 -----------PROJECT NAME: Polzin Residence ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 506-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of The Polzin Family Trust, dated March 3, 2015, 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 357 1\IFILES01V\Departments\CED\LandDev\PROJECTSICDP\CDP2017\CDP2017--0018 Polzin Residence -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 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\IFILES01 V\Departments\CED\LandDev\PROJECTS\CDPICDP2017\CDP2017-0018 Polzin Residence -Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc IN WITNESS WHEREOF, the undersigned has executed this instrument this '7Z/ APPROVED AS TO FORM: CELIA BREWER City Attorney By:~ Assistant City Attorney City of Carlsbad '20 11 OWNER(S) Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of The Polzin Family Trust, dated March 3, 2015 By: (&gr,{ Joseph J. Polzin, Jr, Trustee (Print Name and Title) Date: I ( ---q -I J By~!:~,~ ( · Here) Deirdre E. Polzin, Trustee (Print Name and Title) Date: \ \ -9.. -l 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\\FILES01V\Departments\CED\LandDev\PROJECTS\CDPICDP20171CDP2017-0018 Polzin Residence -Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 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 Califo_!;ll\a I 11 ) County of <-:,,'ll"ttl ~ • ) On "J N, ~ ""Z-4 "1 before me, __,~"----V-~--~,J-~--~----- Date Here Insert tdme and Title of the Officer ,J personally appeared -~G..,.k~~~~~J~~-vz..t_tl_.X--__ A7'!~~P~ff_Oi_~ __ ~ __ fZO_L:_:z..c. __ 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 t/e!slte/they executed the same in ~et/their authorized capacity(ies), and that by ~/hJfr/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 PENAL TY 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 DOfflmenJ A.. . .LJ1,J>11JJJAAAA,/~ Title or Type of Document: tu\.if 'l{AM\.l.t'ff ~ .,,-5c5cument 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: _________ _ ~~'!#ii@™-.~~'!i\<o'@ii\iMi;IJ@~™-~~~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 41\FILES01V\DepartmentslCED\LandDev\PROJECTSICDPICDP2017\CDP2017-0018 Polzin Residence -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc EXHIBIT 'A' LEGAL DESCRIPTION THAT PORTION OF LOT 11 IN BLOCK "C" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 11, DISTANT THEREON SOUTH 67°39'00" EAST 80.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 11; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 67°39'00" WEST 80.00 FEET TO SAID MOST WESTERLY CORNER; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 11, NORTH 35°21 '00" EAST 200.13 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 11, SOUTH 38°39'00" EAST 97.61 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 41°11'31" WEST 156.04 FEET TO THE POINT OF BEGINNING. ALSO BEING DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 12, 2016 AS DOCUMENT NO. 2016-0475201 OFFICIAL RECORDS. APN: 206-180-40-00