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HomeMy WebLinkAboutCT 08-06-01; Alameda, George and Kathleen, Alameda Trust; 2015-0125210; Hold Harmless Agreement/ReleaseDOC# 2015-0125210 RECORDING IS REQUESTED Maris, 2015 04:23 PM FOR THE BENEFIT OF THE CITY OFFICIAL RECORDS OF CARLSBAD Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $2.00 WHEN RECORDED MAILTO: FEES: $2.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 207-130-73 ASSESSOR'S PARCEL NO. PROJECT ID •^S^f PROJECT NAME RELATED PROJECT ID CT 08-06-01 Highland James Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) DWG 483-6A for development to occur on property more particularly described as (see attached. Exhibit "A"), I/We, George Kenneth Alameda and Kathleen Marie Alameda, Trustees of the Alameda Trust dated July 3, 1991, the owners of said property, promise to indemnify and to hold the City of Cartsbad, 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 \\FILES01\ADepartments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 483- 6A).doc 01/25/13 occurnng 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - WickhamVB & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 483- 6A),doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of _ OWNER(S) George Kenneth Alameda and Kathleen Marie Alameda, Trustees of the Alameda Trust dated July 3, 1991 By: George Kenneth Alameda, Trustee of the Alameda Trust dated July 3, 1991 (Print Narne and Title) Date: By I ^/y//^ (Sign Here) Kathleen Marie Alameda, Trustee of the Alameda Trust dated July 3, 1991 Date: (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RONKEMP ^ Assistant City Attorney (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. Othenwise, 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.) WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wiokham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 483- 6A).doc 01/25/13 EXHIBITA Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF THE NORTHWESTERLY 256.67 FEET OF THAT PORTION OF TRACT TWO HUNDRED FORTY-SEVEN (247) OF THUM U\NDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF HIGHLAND DRIVE, AS SHOWN ON SAID MAP NO. 1681, WITH THE NORTHWESTERLY LINE OF LOT "1". OF RANCHO AGUA HEDIONDA, AS SHOWN ON SAID MAP, THENCE NORTH 28''08"06" WEST (RECORD NORTH 28°39'WEST) A DISTANCE OF 262.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTER LINE OF SAID HIGHLAND DRIVE NORTH 28''08'06" WEST 166.67 FEET TO THE NORTHWESTERLY LINE OF THE SAID NORTHWESTERLY 256.67 FEET; THENCE ALONG SAID NORTHWESTERLY LINE OF THE NORTHWESTERLY 256.67 FEET NORTH 61 "51'54" EAST 298.08 FEET TO THE SOUTHWESTERLY LINE OF LOT A OF MAP 5054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 17, 1962. SAID SOUTHWESTERLY LINE ALSO BEING THE SIDELINE OF JAMES DRIVE; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT A SOUTH 28''08'16" EAST (RECORD SOUTH 28'"38'30" EAST) 180.00 FEET, THENCE LEAVING SND SOUTHWESTERLY UNE OF SAID LOT A SOUTH 61°5I'54" WEST PARALLEL WITH THE NORTHWESTERLY LINE OF THE SAID NORTHWESTERLY 256.67 FEET 125.09 FEET; THENCE NORTH 28°08'06" WEST PARALLEL WITH THE CENTERLINE OF HIGHLAND DRIVE 13.33 FEET; THENCE SOUTH 6r51'54" WEST PARALLEL WITH THE NORTHWESTERLY LINE OF THE SAID NORTHWESTERLY 256.67 FEET 173.00 FEETTO THE TRUE POINT OF BEGINNING. NOTE: SAID LEGAL DESCRIPTION ALSO SHOWN AS PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 12, 2007 AS FILE NO. 2007-0659955 OF OFFICIAL RECORDS. APN: 207-130-73-00 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 t?<XK\ ^ue&O ) On 9>l9.t| ^vOVC before me. ^T^^ ^oUS<^^x(vA oT<S^^ Pu Dafe Here Insert Name and Title of the Officer personally appeared Geog/^fi \<:&lOK»^vU W XVTAC^f^CV Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personJ[|^whose nam^) i^^rQ subscrjbeeLto the within instrument and acknowledgecUtQ me that )Js^e/fh^fexecuted the same^jn hi€7h6r/th6ipauthorlzed capacityfie^ and that by hfe/hel-/Jhe^slgnature^j)on the instrument the personMT) or the entity upon behalf of which uie personfsf^cted, executed the instrument. — I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mvMnd and official seal Signature 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: Number of Pages: Si9ner{s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Tltle(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 08\CT 08-06 Highland - James - Wickham\B & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 483- 6A).doc 01/25/13 NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name ofthe Notary: ^ T4 F'BW ^dC^S ^ F I Commission Number: _ Date Commission Expires:. County Where Bond is Filed:_ San pl Manufacturer or Vendor Number; A/A/ A L (Located on both sides of the notary seal border) Signature: Finn Name (ifapplicable) Place of Execution: /^l<^^S /^/^ Date: ^3 / /^/ /s Rec Fonnn #R10.1 (Rev 6/11/03)