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HomeMy WebLinkAboutDEV 2017-0089; St John Family Trust; 2017-0369468; 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# 2017-0369468 I lll!ll l!lll l/!ll l!l!! II/I Ill/II IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Aug 15, 2017 09·46AM OFF/C/AL RECORDS Ernest J D SAN DIEGO CO~~~burg, Jr., FEES: $27.~5C0RDER PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-230-23 ----------- @v- ,t' PROJECT ID: DEV2017-0089 PROJECT NAME: St. John Residence ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 504-1A) and improvement plan (DWG 504-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, as Trustees of The St. John Family Trust, 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\PROJECTSIDEVIDEV 20171DEV2017-0089 St John Grading Plan -Rick\BONDS AND AGREEMENTSIHOLD HARMLESS AGREEMENT DRAINAGE_dev2017-0089.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:ICED\LandDev\PROJECTSIDEVIDEV 20171DEV2017-0089 St. John Grading Plan -Rick\BONDS AND AGREEMENTSIHOLD HARMLESS AGREEMENT DRAINAGE_dev2017-0089.doc 01/25/13 ' IN WITNESS WHEREOF, the undersigned has executed this instrument this 1"1--Yt-t day of_.....,\).....,._\)-'--\,., i---'--------' 20_~\_J __ APPROVED AS TO FORM: CELIA BREWER City Attorney /!~ (l~~ By: --=--~.....,._O_N_K_E-=M~P-~----.ai.---- Assistant City Attorney City of Carlsbad Date: By: Date: Susanne N. St. John/Trustee (Print Name and Title) 01. 1-1· 11 Richard F. St. John Ill/Trustee (Print Name and Title) ?/z7//] (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\PROJECTS\DEV\DEV 2017\DEV2017-0089 St. John Grading Plan -Rick\BONDS AND AGREEMENTSIHOLD HARMLESS AGREEMENT DRAINAGE_dev2017-0089.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 ::,::,11\ l)\e l:1) } On JU,\j 21.1.t\~ before me. N\l-{\ \!;c\~( \',,'\t,Cc\l\, \~\t~~¼ \J:-,'-\Y\\(.1 Date Here Insert Name and Title of the Officer personally appeared ~l\l\c\( d f · S, :yJ'<\\r\ l S\~ Y\r<?.. N · ~t~\w\ 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. WITN. ~, S y. han .and official seal. . ' I Signature 1 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 ICED\LandDev\PROJECTSIDEV\DEV 2017\DEV2017-0089 St John Grading Plan -Rick\BONDS AND AGREEMENTSIHOLD HARMLESS AGREEMENT DRAINAGE_dev2017-0089.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUN1Y OF SAN DIEGO, STATE OF CALlFORNIA, AND IS DESCRIBED AS FOLLOWS: That portion of Tract 250 of the 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: Beginning at the intersection of the center line of Monroe street with the center line of Magnolia Avenue, as shown on said Map No. 16131; thence South 61° 21' West along said centerline of said Magnolia Avenue, 166.51 feet to the Southeasterly Corner of Land described in deed to Douglas N. Thomas, et ux, Recorded February 4, 1957, Document No. 23077 of Official Records; thence along the Easterly line of said Thomas Land, North 28° 39' West 165.00 feet to a point on the Southeasterly line of land described in deed to Oakley G. Parker, Recorded September 10, 1963, Recorder's file No. 160541 of Official Records; thence along the said Southeasterly line of Oakley's Land, North 61° 21' East 165.51 feet to the center line of said Monroe Street; thence along said centerline of Monroe Street, South 28° 39' East 165.00 feet to the point of beginning. APN: 205-230-23-00