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HomeMy WebLinkAboutMS 07-03; Blakley, Mayer, and Wright; 2009-0129275; 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 DQC# 2009-0129275 MAR 16, 2009 11:08 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 30.00 PAGES: 8 3586 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-022-04-00 PROJECT ID: MS 07-03 PROJECT NAME: Ingold Minor Subdivision RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 458-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Richard Blakley and Kimlien Blakley, trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and; Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Marita Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% interest, 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 H:\Development Services\PROJECTS\MS FILESWIS 07\MS 07-03 Ingold MS - Rick, Wickham\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(458- 5A)#2.doc 3587 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. 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 , 20 . OWNER(S) Richard Blaklev and Kimlien Blaklev, trustees of the Blaklev Family Trust dated Mav 30, 2007 as to an undivided 50% interest and; Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Marita Jessica Wright, Husband and Wife as JptnHTenants as to an undivided 25% interest (Sign Here) Richard Blakley, Trustee of the Blakley Family Trust (Print Name and Title) * Q(2- O9 (Sign'<tiere) _ Kimlien Blakley, Trustee of the Blakley Family Trust (Print Name and Title) Date: By: (Sign Here) Gregory Mayer, Joint Tenant (Print Name and Title) x7 f _,Date: /-" (l 2 H:\Development Services\PROJECTS\MS FILES\MS 07\MS 07-03 Ingold MS - Rick, WickharrABonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(458- 5A)#2.doc 3588 By: (Sign H€re) Mary Mayer, Joint Tenant (Print Name and Title) Date: ^ -^f- 0 < (Sign Here) Josh Wright, Joint Tenant (Print Name and Title) Date: Marita Jessica Wright, Joint Tenant (Print Name and Title) *-\Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 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.) 3 H:\Development Services\PROJECTS\MS FILESWIS 07\MS 07-03 Ingold MS - Rick, WickharMBonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(458- 5A)#2.doc 3589 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me, DgtUSC State of California County of On Date personally appeared . MAXEY COMM. # 1580473 X (NOTARY PUBLIC-CALIFORNIA B SAN DIEGO COUNTY 0 COMM. EXP. MAY 20. 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4a(£[g)subscribed to the within instrument and acknowledged to me that be/shameytexecuted the same in tto/her/ffieteaLrthorized capactty(ies), and that by his/her/^eiE^ignature(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. Place Notary Seal Above WITNEJ Signature OPTIONAL - I and official seal. ire of 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: O& • Ofc> 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here. © 2007 National Notary Association • 9360 Ue Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 • www.NadonalNotary.org Item #5907 Reorder: Call Tdl-Fwe 1 -800-876-6827 3590 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;>e<2^«<:«s^se©Be<jee^s«@<^g$G0^ STATE OF CALIFORNIA i County of On Date personally appeared before me,TtyllSb lYUut ^ ' r ere Insert Name and TTtterof iTWt Name(s)ofSigner(s)$ DEN!SE"K. M'AXEY £ COMM. # 1580473 X NOTARY PUBLIC-CALIFORNIA B SAN DIEGO COUNTY 0 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 48/arI3ubscribed totoe within instrument and acknowledged to me that heferre(jnev) executed the same in trisfteOTJejpauthorized capacity(ies)T and that by his/he^^D" 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 s Signature Slgnatufoxtf Notary Public 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: f^lrf Document Date: 0& ' [}(Q ' 0^1 |feU'fVlA%S Signer(s) Other Than Named Above:. Number of Pages: 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer—^Titlefs): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ;,<Gfcm-ee@!2ffi<^g$ga^^^^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chalsworth. CA 91313-2402 • www.NationalNotary.org Item *S907 Reorder Call Toil-Free 1-800-876-6827 3591CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i«<?^@eee^se©s^<Sse^§0G«sQ3s<j^^ STATE OF CALIFORNIA County of. ^W* t^K&O On Qfr'Q(t'0<\ before me, Date personally appeared Josh Name(s|ofSigner(s) DEMISE K. MAXEY ? I COMM.# 1580473 ?(NOTARY PUBLIC-CALIFORNIA 0SAN DIEGO COUNTY 0COMM. EXP. MAY 20, 2009 f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-4e/£r5)subscribed to the within instrument and acknowledged to me that hafefc executed the same inNa'hewilaeloauthorized capacityies) and that by-btafientfqifr signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. Witness myfband and official seal. 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: 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer—^ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINTOF SIGNER Top of thumb here i^m^^SS<Sg#§S3!&^^©!5!^^ © 2007 National Notary Association • 9350 De Soto Ave,, P.O. Box. 2402 • Chalsworth, CA 91313-2402 • www.NationalNolary.org Item 15907 Reorder Call Toil-Free 1-800-876-6827 3592 EXHIBIT "A" The real property in the County of San Diego, State of California, described as: That portion of Lot 14 in Block "B" of Belle Vista, in the City of Carlsbad, Count of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the county recorder of San Diego County March 7, 1929 and as more fully described on the attached Exhibit "A". Also known as: 4135 Park Drive, Carlsbad, CA 92008 AP# 207- 022-04-00 CLTA Guarantee Form 23 Order No.: 213001-GS Parcel Map Guarantee (1/13/78) Guarantee No.: 213001gs EXHIBIT "A" LEGAL DESCRIPTION 3593 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 14 IN BLOCK "G" OF BELLE VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 14, DISTANT THEREON SOUTH 11°57' EAST 120.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 14; THENCE ALONG SAID EASTERLY LINE, NORTH 11°57' WEST, 120.00 FEET TO THE SAID MOST NORTHERLY CORNER; THENCE ALONG THE LINE COMMON TO LOTS 13 AND 14, SOUTH 71°01'10" WEST, 347.01 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE WESTERLY LINE OF SAID LOT 14, SOUTH 24°58'50" EAST, 135.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 68°54'40" EAST, 194.35 FEET; THENCE NORTH 13°06'20" WEST, 25 FEET; THENCE EASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. APN NO. 207-022-04 Ticor Title Company - 3 - Parcel Map Guarantee - CLTA Guarantee Form 23 - Part 1