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HomeMy WebLinkAboutGR 11-20; TRACY, KEVIN S AND TEENAH L; 2011-0635761; Hold Harmless Agreement/ReleaseDOCtt 2011-0635761 RECORDING 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 NOV 29, 2011 2:30 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr., COUNTY RECORDER PEES: 24.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-450-13 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME GR110020 TRACY RESIDENCE RELATED PROJECT ID: CB 11-2014 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) GR110020 for development to occur on property more particularty described as Exhibit A. We, Kevin S. Tracy and Teenah L. Tracy, the owners 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 occurnng during the construction work or improvements as specified in this agreement. 1 F:\KATHY\KATHY\HoldHarmless\HOLD HARMLESS AGREEMENT DRAINAGETracy rev 1-28-08.doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ^OLG , 20 ^ ^ . OWNER(S) By: >ign ygre) KEVIN S. TRACY Date By: (Print Name and Title) (Sign Here) TEENAH L. TRACY (Print Name and Title) Date: ^-it)-il APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney \ Deputy City Attorney (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.) F:\KATHY\KATHY\HoldHarmless\HOLD HARMLESS AGREEMENT DRAINAGETracy rev 1-28-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of-Cftlifarnia Count/ot_P[M_L_ On 9-/^-/f Date personally appeared } before me, /V^6A^/g2: /v, j>^. Here Insert Name and Title of the Officer 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/sheAhey 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal MICHAEL W.MILEMJR NOTARY PUBUC'ARBONA PINAL COUNTY My Commission Expires Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: , Number of Pages:. Signer(s) Other Than Named Above: Gapacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —- Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Gorporate Officer — Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Associatton* 9350 De Soto Ave., P.O.Box 2402* Chatsworth, CA 91313-2402'www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827 F:\KATHY\KATHY\HoldHarmless\HOLD HARMLESS AGREEMENT DRAINAGETracy rev 1-28-08.doc LEGAL DESCRIPTION EXHIBIT A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 703 of La Costa Meadows Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7367, filed In the Office of the County Recorder of San Diego County, on July 19, 1972. Excepting from that portion of said Lot lying within the East Half of the Southeast Quarter of Section 25, Township 14 South, Range 4 West, a 1 /16th of all coal, oil, gas and other mineral deposits, as reserved by the State of California, in Patent recorded April 22, 1954 in Book 5212, Page 490 of Official Records, the right to 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 Document recorded June 30, 1971 Recorder's File No. 141047of Official Records. Assessor's Parcel No: 215-450-13