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Home My WebLink AboutCDP 2017-0044; 1991 Robert and Sylvia Thompson Family Trust; 2019-0061104; Hold Harmless Agreement/Release., . 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# 2019-0061104 i 11111111111 lllll 11111111111111111111111111111111111111111111111111111 Feb 21, 2019 08:30AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE SSOR'S PARCEL NO.: 207-073-10-00 PROJECT ID: CDP 2017-0044 PROJECT NAME: Thompson Geesbreght ADU HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 511-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, 1991 Robert and Sylvia Thompson Family Trust, dated February 1, 1991, Robert G. Thompson and Sylvia S. Thompson, Trustees and settlers, as community property, the owner(s) of said property, and Andrew Geesbreght and April Cushman, as co-trustees, promise to indemnify and to hold the 9ity 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\DepartmentslCED\LandDev\PROJECTSICDPICDP2017\CDP2017-0044 Thompson Geesbright Guest House -R1ck\B&A\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 IIFILES01V\Departments\CEOILandDev\PROJECTSICDPICDP20171CDP2017-0044 Thompson Geesbnght Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 SS WHEREOF, the undersigned has executed this instrument this /if day of ---+-~l,.....IL,U,Q.,~---· 20 l°l . APPROVED AS TO FORM: CELIA BREWER City Attorney By 4QeKlP9k= Assistant City Attorney City of Carlsbad OWNER(S) 1991 Robert and Sylvia Thompson Family Trust, dated February 1, 1991, Robert G. Thompson and Sylvia S. Thompson, Trustees and settlers, as community property Andrew Geesbre ht Co-Trustee (Print Name and Title) Date: By: April Cushman, Co-Trustee (Print Name and Title) Date: 2 I I /2=-0\4 1 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\Oepartments\CEDll.andDev\PROJECTSICDP\CDP2017\CDP2017-0044 Thompson Geesbright Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 l&N\e~ CMJFORNIA 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 C~a fUi.t.t.ss.e<-Sean Gordon ,,vf)~ fw,ll l County of '1),. ""~ ~ my commission expires On (()../e,/ /,z,.o/°l before me, ------~M=a""'y~0~2~, 2_0_2_2 _____ _ Date Here Insert Name and Title of the Officer personally appeared _____ A.~_.,f>~C:~·-• ~\ ~C,,~"'-,S~~k~VV\~~"°~~-------------- 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. ,,,\\1.1'\'.n::,r.-tr,fr I certify under PENAL TY OF PERJURY under the laws ,~$'!-~ GO f?;,;. r.~".J";. of the State of C.a!Uernia that the foregoing paragraph ................ ,~.\,\;\~~-.,.,.,.() "·•/... . t d t-r'""I\"'-,.L,£,1'Jl7 ././~/i•''sTAlE ··· .. 1'?:;. IS rue an correc . IC.-• ,~ic;--, ~-0: ,1::: •• ~~ WITNESS my hand and official seal. ~ f TEN~!Eg~f.l: : § ~ ~ =:-:. ~ N{P ilff1 : .).. ::~ ~ () "• ,:: ·. ~ :°"-~ Signature ~ ;::, .... •• PUl:'Llt; .·~ ;.:: -_.,........,_..,,-,~~~---------~ .,,_.. • s· Signature of Notary Public %~c,········~ ~~ ~/" :.SON '-'";;~,~-111111111111n\~\, ... -.: • Place Notary Seal 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. 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 D Guardian or Conservator D Trustee D Guardian or Conservator □Other: ______________ _ □ Other: ________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ';<.'"'--<,'C(,'C(,~'C<.,'C,;;<::<7<:q:<,'C(,="<X;='<X;<X,'C<;,~"C(,,-====<-'C(,'C(,'C(,'C<;,'C(,=='<"=e<;,'C(;'C(,< ~)2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CEO\Land0ev\PROJECTS\COP\COP20171CDP2017-0044 Thompson Geesbright Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNESS--,~HE~EOF, the undersigned has.1ecuted this instrument this f:~-r tcbhitU/4 , 20 I . _ _,,I day of OWNER(S) 1991 Robert and Sylvia Thompson Family Trust, dated February 1, 1991, Robert G. Thompson and Sylvia S. Thompson, Trustees and settlers, as community property APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~~~ru-~ RON KEMP~ Assistant City Attorney City of Carlsbad -, ~------- ~ / -By: , (Sign Here) Andrew Geesbreght, Co-Trustee (Print Name and Title) Date: 2 -I -JC/ By: (Sign Here Date: (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\LandDevlPROJECTSICDPICDP2017\CDP2017-0044 Thompson Geesbright Guest House -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE .doc 01125/13 .. EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW rs SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 18, CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THENCE SOUTH 87° 39' 10" EAST, ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 18 A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUlNG ALONG SAID EASTERLY PROLONGATION SOUTH 87° 39' 10" EAST 125 FEET THENCE SOUTH 9° 38' 10" EAST 153.34 FEET THENCE NORTH 87° 39' 10" WEST 225 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID LOT 18, CARLSBAD HIGHLANDS WHICH BEARS SOUTH 9° 51' WEST 151.10 FEET FROM THE SAID NORTHEASTERLY CORNER OF SAID LOT 18? THENCE NORTH 9° 51' EAST TO THE ARC OF A 60 FEET RADIUS CURVE CONCAVE NORTHWESTERLY IN THE BOUNDARY OF LAND DESCRIBED IN DEED TO MILTON M. GAIR, ET UX, RECORDED SEPTEMBER 15, 1959 AS DOCUMENT NO. 189365, OF OFFICIAL RECORDS THENCE ALONG SAID BOUNDARY EASTERLY AND NORTHEASTERLY ALONG SAID CURVE, 92.14 FEET, MORE OR LESS, THROUGH AN ANGLE OF 87° 59' 28", MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINE AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 30 FEET OF THE NORTHERLY 150 FEET OF LOT 18 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 18, 1950, THE SOUTHERLY LINE OF SAID NORTHERLY 150 FEET BEING PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID DOT 18. THE EASEMENT HEREIN DESCRIBED IN HEREBY DECLARED TO APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF PARCEL NO. I ABOVE. APN: 207-073-10-00