Loading...
HomeMy WebLinkAboutDEV 2017-0108; Csaftis, Ryan and Cecelia; 2017-0349644; 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# 2017-0349644 11111/I IIIII IIIII IIIII IIII IIIIII lllll lllll lllll lllll lllll lllll llll /111 Aug 02, 2017 01:10 PM OFFICIAL RECORDS Ernest J. Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-611-05-00 -----------PROJECT ID: DEV 2017-0108/GR 2017- 0034 PROJECT NAME: Csaftis Residence ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG #504-SA) and improvement plan (DWG #504-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Ryan and Cecelia Csaftis, 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:\CED\LandDev\PROJECTSIDEVIDEV 20171DEV2017-0108-Csaftis Residence-Levy\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:\CED\LandDev\PROJECTS\DEV\DEV 2017\DEV2017-0108-Csaftis Residence-Levy\Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ____ ~_· -~~I'-------' 20 __ /_7 __ _ I APPROVED AS TO FORM: CELIA BREWER City Attorney By: -------.c-~______.·-~~ RON KEMP~ Assistant City Attorney City of Carlsbad OWNER(S) Ryan and Cecelia Csaftis, husband and wife as Joint Tenants By: Date: By: Date: .?~Here) "' , ~ yan Csaftis, Owner (Print Name and Title) 7/11.//J) Cecelia Csaftis, Owner (Print Name and Title) 7 -fl./ -I 7 (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\PROJECTSIDEVIDEV 2017\DEV2017-0108-Csaftis Residence-Levy\Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ORDER NO. SD1750677 EXHIBIT "A" LOT NO. 257, OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT D, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK OR DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. ***END OF LEGAL DESCRIPTION*** 3 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 ~ 1], e-G-0 ) On IL/ ~ u. Ly ZtJ I? before me, &,,.;T>?&(V?.> 'o fuctVDEz1 ;\(r,rl1-t { fZtd,c-, date /) Here Insert Name and Title of the drticer personally appeared ___ t~cy,_11:~'JJ __ C!.~&---'lf'-F_·~r_/.,,,5'-· ___________ _ Name(s) of Signer(s) f;C:A-FTIS I 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. r .............................................. 1 a·canileia.Wo·Resendez .. 5 · COMM. #2099862 -1 NOTARY PUBLIC • CALIFORNIA 5i SAN DIEGO COUNTY .:S l CornmissionExpires Feb 12, 2019 j ••••••••• .,. ••••• , • .,,, ............ -. .. w• • ..., •••• ..,,.., ••• , ............................... •.•,11.,-.• ......... .. 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. tl /} Signature ~a.A-<.> !f?4Jl~ 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: ____________ _ 0 Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ 0 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 0 Trustee O Guardian or Conservator 0 Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~®@~'!#&$'@S@:i._~@'§<;;@~~~tw@®®®'@9@:i'!¼~~~W@'§I-O'@X ©2014 National Notary Association• www.NationalNotary.org • 1·800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\PROJECTSIDEV\DEV 20171DEV2017-0108-Csaftis Residence-Levy\Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13