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HomeMy WebLinkAboutHMP 15-01; Thankful Texans LLC; 2018-0485139; Hold Harmless Agreement/Releasej 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 DOC# 2018-0485139 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Nov 21, 2018 02:49 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES. $0.00 (SB2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-200-003-00 /(""Cb) PROJECT ID: HMP 15-01 \(:::7 PROJECT NAME: Martin Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 512-1A) and improvement plan (DWG 512-1) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Thankful Texans, LLC, a Texas limited liability company, 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 occurring during the construction work or improvements as specified in this agreement. 1 IIFILES01V\DepartmentslCED\LandDev\PROJECTS\HMPIHMP 15\HMP 15-01 Martin Residence -R1ck\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 J 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 \IFILES01V\Departments\CED\LandDev\PROJECTSIHMPIHMP 15\HMP 15-01 Martin Residence -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 JJ IN WITN~S W~fEOF, the undersigned has executed this instrument this ____ day of &oVt:.M_c;~R. ,20 IB . APPROVED AS TO FORM: CELIA BREWER City Attorney By: ---+-"'1r->~-2i/.E,........,.....r&,02----r- Assistant City Attorney City of Carlsbad · OWNER(S) Thankful Texans, LLC, a Texas limited liability company By C11Mil lbvivmV 1 (Sign Here) Date: By: Date: ,, II Cheryl Burrows, President (Print Name and Title) (Sign Here) (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\HMP\HMP 15\HMP 15-01 Martin Residence -R1ck\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 J EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE WESTERLY 75 FEETOF THE EASTERLY 225 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 225 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 225 FEET. ASSESSOR'S PARCEL NUMBER: 206-200-03-00 I 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 C~ D Mn ) County of~ I~ ) On ~(M~ l1'.2J2l'6beforeme~ _))~ ~!j;! Pub~~ Date L ' rr Here Insert Na~e nd ,tie of Officer personally appeared O ue ~ b w , L[2\ ,e,S-:, 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 capacity0es), 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 Seat 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 Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capaclty(les) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ • Corporate Officer -Title(s): ______ _ • Corporate Officer -Title(s): ______ _ • Partner -• Limited • General • Partner -• Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator •Other: ______________ _ • 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 I\FILES01V\Departments\CED\LandDevlPROJECTSIHMPIHMP 15\HMP 15-01 Martin Residence -Rick\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13