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Home My WebLink AboutDEV 2017-0034; Carr, Eric and Kimberly; 2017-0261253; 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# 2017-0261253 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Jun 12, 2017 09:38 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $2700 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-011-08-00 ------------PROJECT ID: DEV2017-0034 PROJECT NAME: Carr Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG501-7A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Eric Carr and Kimberly Carr, husband and wife, as community property with right of survivorship, 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 IIFILES01V\Departments\CEDILandDev\PROJECTSIDEV\DEV 2017\DEV 2017-0034-Carr Residence-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 \CED\LandDev\PROJECTSIDEVIDEV 2017\DEV 2017-0034-Carr Residence-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _ day of __ (Y)_____;_;~~------'/---'(.p"'------' 20 / J APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Eric Carr and Kimberly Carr, husband and wife, as community property with right of survivorship By: Date: By: Date: (Sign Here) Eric Carr (Print Name and Title) Kimberly Carr (Print Name and Title) (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 \IFILES01V\Departments\CED\LandDev\PROJECTS\DEVIDEV 2017\DEV 2017-0034-Carr Residence-Levy\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. State of Calif?.r~ia 1 County of '"'?'tf"" 0 ~ ) On l'-'f"'..+vf ·~t1 before me, ---~----·11'1--S __ ~_~,-J_'_.,_~---~--V-t,,---- Oate / ..._ Here lr;sert Name and Title of the Officer _...., ~ dt,,(+-W' I L•~ M-~__a..v.., <A-{'-+--personally appeared ______________ rt-___ ~_--~ -'~------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /,/are subscribed to the within instrument and acknowledged to me that t),6/sge/they executed the same in h~hfr/their authorized capacity(ies), and that by hi,t'/h~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. '., .,:',,l<O,,::,,;•.a~:. 'le',,,;~.,.,, "~'.'J:.Z,,,_I Of r!CIAL SE/\L DAREN VASS fiOT/\RY PUBLIC-CALIFORNIA~ COMM. t--.JO. 2087484 :.. SAN DIEGO COUNTY MY C,JMM. EXP. NOV 21, 2018 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. ---------------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 Doql\.ment ,,. ( Title or Type of Document: Y(" 4:-()/-V\1"1M..l.i(~ f'r?~ Document Date: ~CL~_4_(;._c~7 __ _ Number of Pages: ____ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner - D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other:--------------~ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner - D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _______________ _ Signer Is Representing: _________ _ K@@~~@~='9,;,@'§<o'§X:§'S§<;.'§<o'§<o'Qi,;,'§;<;;'§3.;.¼'@.'§;<;;'§<o"-&~'Mg;)=g;)~g;)'%'!-K'§<o'fil/@:,==,@>'1¼'§3.;.'Qi,;,'§;<;;='\ @2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED\LandDev\PROJECTSIDEV\DEV 2017\DEV 2017-0034-Carr Residence-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 For APN/parcel ID: 206-011-08-00 EXHIBIT "A" Legal Description Lot 8 in Block "H" of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 17 4 7, filed in the Office of the County Recorder of San Diego County, February 5, 1923.