Loading...
HomeMy WebLinkAboutCDP 2018-0002; Minicilli, Frank; 2018-0530247; 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# 2018-0530247 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Dec 27, 2018 04:33 PM 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 ASSESSOR'S PARCEL NO.: 207-130-60-00 -----------PROJECT ID: CDP 2018-0002 PROJECT NAME: Minicilli Addition ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 500-7 A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Frank Aguste Minicilli, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a \IFILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP2018\CDP2018-0002 Mincilli Addition -Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 \\FILES01\/\Departments\CED\LandDev\PROJECTSICDPICDP2018\CDP2018-0002 Mincilli Addition -Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 61-l day of De (_e_.,.J:,(' r , 20 15( . APPROVED AS TO FORM: CELIA BREWER City Attorney By: -~-~ ....... KL'--EM-=P-~-f-- Assistant City Attorney City of Carlsbad OWNER(S) Frank Aguste Minicilli By: (Sign Here) Frank Aguste Minicilli 6wl...<.f (Print Name and Title) Date: ,-z..~6---t<£ By: ----------------------(Sign Here) (Print Name and Title) 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\LandDev\PROJECTSICDPICDP20181CDP2018-0002 M1nc1ll1 Addition -Chua\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. State of California County of S' '"11 I\ ''7 • On l \..I ' II f( before me, _2_1,._l_L._~_•1~fl_,_"_,_'t_1_?_'{_l_l1_'1_'f_11i\_i_,_AJ_,_~.,_~_,_~_\._l_il __ _ Date Here Insert Name and Title of the Officer personally appeared __ f_t_'t_li\_l( __ Ai___,'"'~s_t:_i_"~j_i\\_'_' 1_1_i _______________ _ 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. 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 ~ 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 I )./, / Ir, Title or Type of Document: "t)' I 1-\ .. ~~\,..u ft1ot,1 .....,~ DocumxrJ Date: _____ b ___ _ Number of Pages: S Signer(s) Other Than Named Above: --~itc _________ _ 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 D Individual D Attorney in Fact D Trustee D Guardian or Conservator □ Trustee D Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP2018\CDP2018-0002 Minc1ll1 Addition -Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 •• EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF TRACT NO. 247, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE WITH THE EASTERLY LINE OF HIGHLAND AS SHOWN ON SAID MAP NO. 1681; THENCE SOUTH 28° 38' 30" EAST (RECORD SOUTH 28° 39' EAST) ALONG THE EASTERLY LINE OF SAID HIGHLAND STREET 175.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61 ° 21' 30" EAST, 150.00 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 150.00 FEET OF SAID TRACT 247; THENCE SOUTH 28° 38' 30" EAST ALONG SAID NORTHEASTERLY LINE 74.20 FEET; THENCE SOUTH 61° 21' 30" WEST, 150.00 FEET TO THE EASTERLY LINE OF SAID HIGHLAND STREET; THENCE NORTH 28° 38' 30" WEST (RECORD NORTH 28° 39' WEST) ALONG SAID EASTERLY LINE 74.20 FEET TO THE TRUE POINT OF BEGINNING. APN: 207-130-60-00