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HomeMy WebLinkAboutMS 14-01; Berchtold Family Trust; 2016-0460111; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2016-0460111 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:29AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. PROJECT NAME: HOLD HARMLESS AGREEMENT PANHANDLE LOTS 156-212-11-00 MS 14-01 Berchtold Subdivision In consideration of the City's approval of MS 14-01 Subdivision No. Berchtold Subdivision for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Silvia M. Berchtold, Trustee of Trust B of the Berchtold Family Trust Dated October 22, 1990, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. Ill Ill Ill Ill Ill Ill Ill 1 IIFILES01V\DepartmentsiCED\LandDev\PROJECTS\MSIMS 14\MS 14.01 Berchtold Minor Subdivision-Levy\AgreementsiHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01125/13 This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my (our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this 2.2. nd day f\UG-U~T I' of _______ , 20---.£.. APPROVED AS TO FORM: CELIA BREWER City Attorney By~pap Assistant City Attorney PROPERTY OWNER(S) Silvia M. Berchtold, Trustee of Trust B of the Berchtold Family Trust Dated October 22, 1990 Silvia M. Berchtold, Trustee (print name and title} Date: 0 <g /2 2.. { 2 0 \ u By: -----------------------------------------(sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 2 \IFILES01V\Departments\CEDILandDev\PROJECTSIMSIMS 14\MS 14-01 Berchtold Minor Subdivision-Levy\AgreementsiHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev 01/25/13 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. 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 ,.I:IQ/she/tfley executed the same in t:llaAler/tbeir authorized capacity(ies), and that by b.is/her/.tl:!eir 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?~~ ,4:" Signature ~~ _) Signature of Notary Public Place Notary Seal Above -----------------------------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: ~~~~~~~~~~~~- Capacity(ies) Claimed by Signer(s) Signer's Name: -~~-~---~· 0 Corporate Officer -Title(s): ~-~---- 0 Partner -D Limited D General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer Is Representing: -~----~--- Signer's Name: _______ _ 0 Corporate Officer -Title(s): ______ _ D Partner -D Limited D General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Other: _____________ _ Signer Is Representing: -~-------- ""~~~~~~~~~'@;,~'@;.~~~~~~~~~~~~=~'@;,~~~~~===~~~~=~=~~~ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 IIFILES0111\Departments\CEDILandDev\PROJECTS\MSIMS 14\MS 14-01 Berchtold Minor Subdivision-Levy\Agreements\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25113 Order Number: NHSC-5087369 (rh) Page Number: 7 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE ADJ 13-03/CE 14-01, AS EVIDENCED BY DOCUMENT RECORDED APRIL 15, 2015 AS INSTRUMENT NO. 2015-0179350 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 24 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888 TOGETHER WITH THAT PORTION OF LOT 12 OF CARLSBAD TRACT 12-07, ACCORDING TO MAP THEREOF NO. 15996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 02, 2014, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "A" AS SHOWN ON PARCEL MAP NO. 15400 AS FILED OCTOBER 04, 1988 IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL MAP NO. 15400, NORTH 55°59'46" EAST (NORTH 55°27'37" EAST, RECORDS PER SAID PARCEL MAP NO. 15400) 400.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 400.00 FEET OF SAID LOT 24; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 33°58'58" WEST, 22.19 FEET, TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE ON THE WESTERLY RIGHT-OF-WAY LINE OF JAMES DRIVE HAVING A BEARING AND DISTANCE OF "NORTH 22°55'34" WEST, 77.22 FEET" AS SHOWN ON SAID PARCEL MAP NO. 15400, SAID POINT BEING THE SOUTHERLY CORNER OF SAID LOT 12 AS SHOWN ON MAP NO. 15996; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, NORTH 22°24'45" WEST, 52.89 FEET TO THE BEGINNING OF A 77.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'28", AN ARC DISTANCE OF 25.99 FEET; THENCE SOUTH 86°55'45" WEST, 23.29 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 12; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 33°58'58" WEST, 50.02 FEET TO THE NORTHWESTERLY LIEN OF SAID LOT 24; THENCE ALONG SAID NORTHWESTERLY LINE; SOUTH 55°59'20" WEST, 400.00 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 24; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 24, SOUTH 33°58'58" WEST, 160.05 FEET TO THE POINT OF BEGINNING. APN: 156-212-11-00 and 156-212-44-00 First American Title