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HomeMy WebLinkAboutMS 13-04; Parker Family Trust; 2014-0064550; 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 DOCtt 2014-00G4550 llllllllllllllllllllllllllllllllllllllllllllllllllllllllli FEB 18,2014 10:36 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE 205-080-04 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 13-04 Parker Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 479-4A) for development to occur on property more particularly described as see attached. Exhibit A, We, Oakley G. Parker and Johnelle Parker, as Co-Trustees of The Parker Family Trust dated August 29, 1995, 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\LandDevlPROJECTS\MSWS 13\MS 13-04 Parker Residence - Rick\B 8 A\HOLD HARMLESS AG.REEMENT DRAINAGE -DWG 479-4A,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 including flow entering said property from Maezel Lane, 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, /// /// /// /// /// /// /// /// /// /// /// III III III III III III III III III III 2 0.\CED\LandD8v\PROJECTS\MS\MS 13\MS IS-O-) Parker Residence - Rick'iB & A'lHOLO HARMLESS AGREEMENT DRAINAGE -OWG '}79-4A.doo 0.1/2.5/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of. 20_lt. OWNER(S) Oaklev G. P The Parker By: ohmelle Parker, as Co-Trustees tdked Auaust 29. 1995 (Sign Here) Johnelle Parker, Co-Trustee (Print Name and Title) JL/^//4- (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: ^ J^^A/l^ C^j^^Larv RON KEMP iJ Assistant 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. Othenwise, 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.) Q:\CED\LaridOev'iPROJECTSWS\MS -r3\MS IS-W Parker Residence - RicttB li A\HOLD HARIVILESS AGREEMENT.DRAINAGE DWG 473.4A,dDc 01.'25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. } On OQI^ I£> . OOK before me, ^3oiv\ilQiA fiateiriYNQyvO rAc>-VQ»^u fiiM • "-g;^ • Hera Insert Narrs artd Title of *s-Qfa*r personally appeared Name(s) ot Signerfs) JUMILAH RATERMANN Commission # 1928533 Notary Public - Calitornia 1 m County - J ^«Si*^ My Comm. Expires Mar 14, 2015 ^ who proved to me on the basis of satisfactory evidence to be the person(6f whose name^a) is/^ subscribed to the within instrument and acknowledged to me that >e/she/tb©y executed the same in J»is/her/their authorized capacity(jeisy, and that by Ijis/her/ibetr signaturo^s) on the instrument the person!^, 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. Place Notary Seal Above Signature! OPTIONAL \ / Signaturs of NoU Noiary Public Though the inlormation 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 orType of Document: -t4p|c< HQKfV)l-<°Ss/^/eerv>e</)4 "Wci'togi^e. Document Date: Cs> ^OlHr . Number of Pages: ^ Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s} Signer's Name: • Individual • Corporate Officer — Tit!e(8): • Partner — • Limited • Gen^ • Attorney in Fact • Trustee • Guardian or Con§0fvator • Other: RIGHT THUMBPRIMT OF SIGNER Top of^thtjroft: here' SigneMs^t^resenfing:: Signer's Name: • Individual • Corporate Officer — Title(s) n Partner — D Limited • G^neraj • Attorney in Fact • Trustee • Guardian or Conservator • Other:. Signer Is R^fjfesenting BIGHT THUMBPRINT OF SIGNER Top oiltiumb hew O2007 National Notary Asaoclallon* 9360 Oe Soto Ave., RO. Box 2402 •Chatsvuorth, CA 91313-2402« www.NationalNotary.org tern 115907 Reorder Call ToD-Frse 1-800-876.6827 Q:\CED\LandDev'iPR0JECTS\M8\MS 13\f,1S 13-C'4 Parker Residence - RicWB a A'.HOLD HARMLESS AGREEMENT DRAINAGE -DWG 479^A,doc EXHIBIT A , LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carisbad and described as follows: Parcel 1: That portion of Lots 32, 33 and 34 of Patterson's Addition to Carisbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office ofthe County Recorder September 22, 1656 and that portion of Canon Street closed to pubiic use by Order ofthe Board of Supervisors of San Diego County, September 30, 1939, described as a whole as follows: Beginning at the most Southerly corner of Lot 32; thence North 55° 27' East 350.00 feet along the Southeasterly line of Lot 32; thence North 34° 33' VVtest along a line parallel with and 350.0 feet at right angles Northeasterly from the Southwesterly line of Lot 32 a distance of 28.00 feet to the true point of beginning; thence continuing along said parallel tine North 34° 33' West 141.03 feet to the most Southerly comer of that land conveyed to Homer D. Davis and wife by Deed recorded May 25, 1948, in the Office of the County Recorder as Document No. 52616 tn Book 2808, Page 269 of Official Records- thence along the Southeasterly line of said Davis Land North 55° 27' East 309.0 feet to the most Easterly corner of said Davis Land; thence parallel with the Southwesterly line of said Lots 32 and 33 South 34° 33' East 141.03 feet to intersection with a tine bearing North 55° 27' East from the true point of beginning; thence South 55° 27' West 309,0 feet to the true point of beginning. Parcel 2: An easement for road purposes over the Northeasterly 12 feet of the Southwesterly 362 feet of Lot 33 and over the Northeasteriy 12 feet of the Southwesterly 362 feet of that portion bf Lot 32, lying Southeasterly ofthe Southeasterly line of Parcel 1, above described, ali in Patterson's Addition to Cadsbad, in the County of San Diego, according to Map thereof No. 565, filed in the Recorder's Office of San Diego County, September 22, 1888, the Southwesterly line of said 12 foot strip of land being drawn parallel with and 350 feet Northeasterly, measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel 3: An easement and right of way for ingress and egress for pipe line purposes over the Northeasterly 2 feet ofthe Southwestedy 364 feet of Lot 33 and over the Northeasterly 2 feet of the Southwesterly 354 feet of that portion of Lot 32 lying Southeasterly of the Southeasterly line of Parcel 1, above described, ail in Patterson's Addition to Carlsbad, in the County of San Diego, according to Map No. 565, filed iri the Recorder's Office of San Diego County. September 22, 1888; the Southwesterly line of said 2 foot strip of land being drawn parallel with and. 362 feet Northeasteriy, measured at right angles from the Southwesterly line of said Lots 32 and 33. Parcel 4: An easement for gas line and purposes incidental thereto, over, under, along and across that portion of the Northeasteriy 6 feet of the Southwesterly 364 feet of Lots 32 and. 33 of Patterson's Addition to Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 565 filed in the County Recorder's Office September 22, 1888, lying Southeasteriy ofthe Southeasterly line of that parcel of land described in Deed to Clarence Putz, et ux., recorded May 29, 1951 in Book 4115 Page 347 of Official Records. APN: 205-080-04-00 (End of Legal Description) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Johnelle Parker 3215 Maezel Lane Carlsbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT •^A^-AS RECORDED ON JAN 23. 2014 DOCUMENT NUMBER 2014-0031059 Ernest J. Dronenburg, Jr., COUNTS' RECORDER SAN DIEGO COUNT/ RECORDER'S OFFICE TIME: 2:23 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIDAVIT OF DEATH OF TRUSTEE Assessor's Parcel Number: 205 080 04 00 STATE OF CALIFORNIA } }SS, COUNTY OF SAN DIEGO } JOHNELLE PARKER, of legal age, being first duly sworn, deposes and says: 1, That OAKLEY G. PARKER, also known as OAKLEY •son as Oal PARKER, the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as Oakley G, Parker named as Trustee in that certain Declaration of Trust known as the PARKER FAMILY TRUST dated August 29, 1995, executed by OAKLEY G, PARKER and JOHNELLE PARKER as trustors. 2, At the time of the decedent's death, decedent was the owner, as Trustee, of certain real property acquired by a deed covering the following described property situated in San Diego County, State of California: The real property commonly known as 3215 Maezel Lane, Carisbad, California and more partlculariy described in the attached Exhibit A, incorporated herein by reference. 3, I am the surviving or successor Trustee of the same trust under which said deeedent held title as trustee pursuant to the deed described above, and am designated and empowered pursuant to }|i^;terrpsY)f said trust to serve as Trustee thereof. Dated: 1/23/2014 JOHNELLE PARKER STATE OF CALIFORNIA } }SS COUNTY OF SAN DIEGO } Subscribed and sworn to (or affirmed) before me this 23rd day of January, 2014, by JOHNELLE PARKER, proved to me on the basis of satisfactory evidence to be the p^ appeared before me. MICHAEL P. MCCARTHY, Notary Publi MICHAEL R MCCARTHY Commission # 2011863 Notary Public - California San Oiego County My Comm. Expires Mar 14. 2017 (This area for official notarial seal) ^i^GERTIFIGATION (OF -VimL RECORD COUNTY OF SAN DIEGO 3052013164196 •• SME F!LE NUMBEfl.-.-. CERTIFICATE OF DEATH sweoFeiuirowiA -3201337014206. g - , AKA, ALSO KNCWN AS - baSide (uS AKA f FRST, mXA£i lASI) ^AND liUTION .•-SB. NAME Of SURVIVING SPOUS»M10P'-flFfST ^je^^fcii^^' ^ JOHNELLE V' - - -jf^'v •. a-ir,-cc-.o 31: NAME a=. FftTHEftW^fiENT-FiflST:- ^'•s^-ij''^^.:. -V-- • v-.: " OAKLEY ^~2f ' "ARCHER «» ,1 W if PARKER,., 34. aiFfW STAtt CAL'IFORNIA g £ HNELL .«?7<1 38 MIOOtE "1 HNELL .«?7<1 TINNEN / ?f POTTS >, NEBRASKA CR/TR/BU J.' - 4^ -KNQTEMBALM£D| ~.>;f^ *m:-'V.^J"'1t' 1 44 KMIE OF FUNERAL EStABUSri^/ERT .A ^ A^-T " ' ETERNAL HILLS MORTUARY ^\ J •-id • .•".fc.liCENSE;(iUriaEB"' FD234'^ ««.91GNAniREOetQiJALaEf3ISTFWn'' V/y ' ^ctf^^t' TWlLMA Wp0T,EJi}/MD,P "•"^"^ 47fpArE mm.'aa'ccyy. ^ ^/M/2013 ; 1; NAME OF DECEDEWTr BR3T .(GiVEni: :•; OAKLEY 2 MIOOU GEORGE 3.'lASTlFa;T«^v-- PARKER 13. ElXKlMOi - Ktfws! lj;»d^Seoic5 • jM^wpilatmonbaGk^ •••• BACHELOR •l.-OArtOFSfRTH imwaixyv 12/23/1933 S-fflRTHSTATE/FORStGNCDtlMmv .'.-.v. . JO- SOCtfL'SCCURIIVNUMBHl .V .11. E'l^ IH U ARMED FORCES?^3 UAPJTAl SKUiS^SfiBP- l»Tmti Dctt* I f- EWE OF.£^;»TH mmi'dtftK/v •. MONTANA 517-44-5942 Q^s [Xj^^ Qu^'H MiO^RRtED 08/28/2013 -FND .i*i:i5.WAsn£eED^.i»3SHV«siJSTmO{^a*^jitSHi • »is IxIf^jCAUCASIAN I 79 \ IF\at>£RS4 HOURS i e SEX". B. NOUR i24 Ho,i.Jt 1745 ^ IT. USUAL OCCUPAnOH - TVpe ot wrt: fQrma5toiiiie:{)0NOT;US£ RETIRE D CONTRACTOR RESIDENTIAL COMMERCIAL CONSTRUCTION !9:,YeARS IN OCCUPATION 30 •20 DECEDEWSFiEStDeNCE (3>j^t and numto, or locaBOfi).. 3215 MAEZEL LANE 21 CTTY CARLSBAD 22 COUKIY«iOU||,^,E-., is3>5*>=»' SANDIEGO - 20. IMfOftMAWrs NAME. RELAnONSHiP ,JOHNELLE PARKER, WIFE ' 92008 " • • • S*..'ytAfl51f<.COUMTV '1.49 25. STATE/FOREGN C0U^4TBY CALIFORNIA . . . f215WfiLi!^^cXSLSBAgf^ as.'DSPOsnKJN DATE .nm'aat^^^ 09/04/2013 'Tf EO^TO«.osTOn™ROSEBUD CEMETERY' ICI PLACE OF DEATH ^ J ^ ^ , * ^'K^S.'s ' 102 ^ H.OSPTTAi SPEOiFVWJ-/t t0 tP HpgPIlAl^ SPFOIFY 0»iE FOUND HOMI (FRONTSYAROK-44\, C . r^^, S-^^O^tlf-> ^fZ , m^'D-^ SAN DIEGO 'io7..e.Aosfi'OF:o*;ATH. 321.5^MAEZELiL-ANE-^-r^/- ^ - "^^'^^^^J^atim 4i .CA'RLS8A0f„ -111.- iA\.S i »--.B*iljHE50(lIE0K)a!F(Sia!» 13:;01976 ifesdino ;o cause CAUSE'disease-w:"' inlual&iirieBViirils.v ^ 112. OTHER SlGWflCAm CONDTTIONS COKTR)BUT!?iffW D£«Tf(filH;NOT RESULTW^^ NONE -Vi'.V K"' f"^''-'wc.I-..--K«^- : .18" PERF rflME'>7 ifl 10. AUrOPSY PEflf-OSUESC.-. in.USSWtSTEfiiittJWSCAt-'SE? m-'. •-.0 I W-\ iEHTSFf THST.TO THE £E?X a^f,<r KftimiSGt CSiTH OCGJF^IG- n JA. Iff EMALE PBBcmil« mST.YE«17 Lt-iK •; I 1 CERTIFY THAT W f/Y CPK«OW DEATH WOfl^f'm AT THE HCU^ .•i?3,.f^CP0F iftuunv(e,o.hm*;w^i;ijiN:*Ma;w,w<if«wrtarae^eH!V- HOME FRONT YARD .MKT: INJURED AT W0RK7 . • ;t2i;iMJURY DATE (mvystf-TtVy 08/28/2013 . }22,'.H0UR [24 Hff.«sJ UNK •• )?i CESCRfflEHt'\ ilUUT^r-Oi rURFIFDtEvdntaWiCflfSai'l&iJinjii'iiiyl / SEL F-INFLICTED CALIBER RIFLE INTRAORAL.GUNSHOT WOUND, HEAD 3215 MAEZEL LANE. CARLSBAD. CA 92003 l?S'^NATUREOFC0HONERy-0EP(ffYC(WONER.-' vGLEMN WAGNER 09/03/2013 I;i23:':!¥J>EnAM£. nae, or COHONLH / rjepurvnCCHiOHsfl .•; GLENN WAGNER DO CME •310001002M670S'.-: CEHSLiS TRACT A002623374* Comitv ol -San Diego - livaifh S. Hdirran Sen ices A'geno - ISil RoseCi.ins .SHL-C! llii'. is lo_LCf^il> tli.ii. il l«.,)iinj! Ihe ofFictAi SFALor rnrsiAiEorc AI ironMiA iiuOi-nnAi Siw of SA^u!rGOcouNr^ ANDIHIIR DbPARlMEN"! OF HI Al fH SCUVlCtS CMBOSSED iLAL tiiisi^ aiiue cCpv ol ilic OKIGINAL DOCUMFNT HLED Rec|uirecl tcs paid DAfEb^UtD Seplembeif 20n WILMAJ WOO'IEN MD R( CIS IRAK or Vl FAI Rl CORDS Comm of S.111 Dicgo 1:liis:copY not!vali<l unless prcpai:c(l*reEiigra:v.edb«F^^ .......... „ — - ^ -. mmmmmmm