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HomeMy WebLinkAboutMS 06-03; Ozaki, Rinko; 2009-0404822; Hold Harmless Agreement/ReleaseDGC# 2009-0404822 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 JUL 22, 2009 8:29 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-220-10 PROJECT ID: MS 06-03 PROJECT NAME: OZAKI PARCEL MAP RELATED PROJECT ID: Oar HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of (PM 06-03) for development to occur on property more particularly described as (See Exhibit "A"), I/We, Rinko Ozaki, Trustee under declaration of trust dated November 20, 1992, 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 occurring during the construction work or improvements as specified in this agreement. 1 H:\DEVELOPMENT SERVICES\PROJECTS\MS FILESWIS 06\MS 06-03 OZAKI TPM- LEVY\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (PM 06-03).DOCX 10509 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 '2^J day of /#?•*/ 20 fff. OWNER(S) Rinko Ozaki, Trustee under declaration of trust dated November 20, 1992 ,_ By: fr (Sign Here) RINKO OZAKI, Trustee (Print Name and Title) Date: By: (Sign He're) (PripfName and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: DeputytDity 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.) H:\DEVELOPMENT SERVICES\PROJECTS\MS FILESWIS 06\MS 06-03 OZAKI TPM- LEVY\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (PM 06-03).DOCX 10510 EXHIBIT "A" THAT PORTION OF TRACT 245 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF VALLEY STREET, COUNTY AVENUE AND CHESTNUT AVENUE; THENCE ALONG THE CENTER LINE OF CHESTNUT AVENUE SOUITH 61 ° 21' WEST A DISTANCE OF 155.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER LINE OF CHESTNUT AVENUE SOUTH 61 ° 21' WEST A DISTANCE OF 156.00 FEET TO A POINT; THENCE SOUTH 28° 39' EAST A DISTANCE OF 279.32 FEET TO A POINT; THENCE NORTH 61 ° 21' EAST A DISTANCE OF 156.00 FEET TO A POINT; THENCE NORTH 28° 39' WEST A DISTANCE OF 279.32 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF 3 H:\DEVELOPMENT SERVICES\PROJECTS\MS FILESWIS 06\MS 06-03 OZAKI TPM- LEVY\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (PM 06-03) DOCX 10511 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On .£k-'-Q C\ Site personally appeared before me, v "C\ \O ^ Here'lnserf Name W rvnvTr-vQ N aTOTaie of the Officer' L Name(s) of Signers) OFFICIAL SEAL § AMALISSAALBANNA J (NOTARY PUBLIC-CALtFORNlAi1 COMM. NO. 1786414 S SAN DIEGO COUNTY • MY COMM. EXP. DEC. 22,2011 I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(9) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in b«/her/thek authorized capacity(ie9), and that by hie/her/thek signature^ on the instrument the person(^r or the entity upon behalf of which the persoofs) 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. Signature . OPTIONAL - Signatu^tf Notary Public 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: '^ — ~?_Q. «- C5 C\ r* Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here. ©2007NationalNotaryAssociation»93SODeSotoAve.,P.O.Box2402'Cliatsworth,CA 91313-2402-www.NationaJNotary.org ltem#5907 Reoider:CallToll-Fiee 1-800-876-6827