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HomeMy WebLinkAboutDEV 2016-0070; Dempsey, John and Michelle; 2017-0349263; 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# 2017-0349263 I 1\\11\ 11111 \\Ill 111111\\111\\11 \\I\\ 11111 \Ill\ 1\11\ 1111\ \II\\ 11111\\1 Aug 02, 2017 11:15 AM OFFICIAL RECORDS Ernest J Dronenburg, Jr., ER SAN DIEGO COUNTY RECORD FEES $27 00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-491-36-00 ------------Aili) PROJECT ID: DEV2016-0070 ~ PROJECT NAME: _D_e_m~ps_e~y_R_e_s_id_e_n_ce ___ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 502-4A) and improvement plan (DWG 502-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, John E. Dempsey and Michele L. Dempsey, 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 Q:ICED\LandDev\PROJECTSIDEV\DEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\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 Q \CEO\LandDev\PROJECTS\DEV\DEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this /..,( day of ~ , 20__,,/'--1........_ __ APPROVED AS TO FORM: CELIA BREWER City Attorney By ~&P9*= Assistant City Attorney City of Carlsbad OWNER(S) John E. Dempsey and Michele L. Dempsey, Trustees of The John E. Dempsey and Michele L. Dempsey Family Trust John E. empsey, Trustee (Print Name and Title) Date: 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 Q:ICED\LandDev\PROJECTSIDEVIDEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD 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. who proved to me on the basis of satisfactory evidence to be the person(f, whose name(~ is/af& subscribed to the within instrument and acknowledged to me that ho(sRe ltbey, executed the same in hisl-hefftReif; authorized capacity~, and that by his~ signature~ on the instrument the person(/;), or the entity upon behalf of which the person(/) 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 {)OJlW /LoounN1 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 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: ____________ _ 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: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED\LandDev\PROJECTS\DEVIDEV2016-0070 Dempsey Residence -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 46 OF CARLSBAD TRACT NO. 75-4 -LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 5, 1976. EXCEPTING THEREFROM 1116TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN POTENT RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED JUNE 30, 1971, AS FILE NO. 141047 OF OFFICIAL RECORDS. APN: 215-491-36-00