The URL can be used to link to this page

Home My WebLink AboutDEV 2017-0030; Smerud Family Trust; 2017-0369443; 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# 2017-0369443 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII 11111111 Aug 15, 2017 09:41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _2_04_-_11_1_-1_1_:-0_0 ____ _ PROJECT ID: DEV2017-0030 PROJECT NAME: 906 Pine Avenue ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 501-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Richard J. Smerud and Cynthia G. Smerud, Trustees of the Smerud Famiy Trust, Dated March 27, 1997, 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 \\FILES01VIDepartments\CED\LandDev\PROJECTSIDEVIDEV 2017\DEV 2017-0030 906 Pine Ave Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT r,, 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 /II Ill Ill Ill Ill Ill Ill /II /II Ill Ill Ill Ill Ill /II /II Ill /II 2 \\FILES01V\Departments\CED\LandDev\PROJECTSIDEVIDEV 2017\DEV 2017-0030 906 Pine Ave -Bobbett\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of Ht/ f IA, 4 j--, 20___._---+---,-,,--- APPROVED AS TO FORM: CELIA BREWER City Attorney By ~~ Assistant City Attorney City of Carlsbad OWNER(~ Richard)(. r' d and Cynthia G. Smerud, Trustees of the Smerud Famiy Trust, Dated March 27, 1997 By~---J~ ~ (SignHere) Richard~ Smerud, Trustee and Authorized Signer (Print Name and Title) Date: q' -/ -/] 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 I\FILES01 V\Departments\CED\LandDev\PROJECTS\DEV\DEV 2017\DEV 2017-0030 906 Pine Ave -Bobbett\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 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\::\J \)\~fl() On l Av. t'\\) ST A) l1 before me, Date O · J;if:re In ert Ne .. me and Title of the Of personally appeared -~h_i G_,i,,_I_l{_r~c~l-"'=j~--~~· _m_t,~\· ~LA~d~-~----·--- 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. ,aanasssaasn aneea anasnoa-I. JORDYN MOOREI ~ , COMM. #2171597 ~ ~ NOTARY PU81.lCCALIFORNIA !.: l SAN DIEGO COUNTY My Conln. e... Nov. ,2. 2020 1 C GGGSUGCUGSSSSGSSGGCUUSa Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragmph is true and corr-ect. WITNESS my hand and official seal. ----------------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 \\FILES01V\Departments\CED\LandDev\PROJECTS\DEV\DEV 2017\DEV 2017-0030 906 Pine Ave -Bobbett\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 Order No.: 79584-PD EXHIBIT "A" LEGAL DESCRIPTION Policy No.: O-9240-000690457 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 1 OF THE SUBDIVISION OF TRACT 114 AND 120 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 3,1923, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF 5TH STREET AND THE CENTER LINE OF PINE AVENUE; THENCE NORTH 34 DEGREES 33' WEST ALONG THE CENTER LINE OF SAID 5TH STREET1 A DISTANCE OF 140.00 FEET; THENCE NORTH 55 DEGREES 27' EAST PARALLEL WITH THE CENTER LINE OF SAID PINE AVENUE, A DISTANCE OF 99.95 FEET; THENCE SOUTH 34 DEGREES 33' EAST PARALLEL WITH THE SAID CENTER LINE OF 5TH STREET, A DISTANCE OF 140.00 FEET TO A POINT IN THE CENTER LINE OF PINE AVENUE, THENCE SOUTH 55 DEGREES 27' WEST ALONG SAID CENTER LINE OF PINE AVENUE, A DISTANCE OF 99.95 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 204-111-11-00 Corinthian Title Company, Inc. 6.2 CLTA Homeowners Policy ofTitle Insurance (02-03-10) AL TA Homeowners Policy of Title Insurance