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Home My WebLink AboutMS 14-05; Blackburn Trust and Detrich Trust; 2016-0567106; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2016-0567106 IIIII/I IIIII IIIII III/IIIII IIIII/ II/IIIII/IIIII/ IIIII 11111111111111 /Ill Oct 20, 2016 02:17PM 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 206-150-12-00 NO. PROJECT NO. MS 14-05 ----------------PROJECT NAME: Hoover Street Minor Subdivision HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of NIA, Subdivision No. NIA 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, II(We), Robert E. Detrich and Michelle A. Detrich, Trustees of the Robert E. Detrich and Michelle A. Detrich Trust Agreement Dated November 29, 2005, as to an Undivided Y2 interest and RobertS. Blackburn and E. Elaine Blackburn, Trustees of the Robert S. and E. Elaine Blackburn 1994 Trust Dated September 6, 1994, and any amendments thereto, as to an undivided Y2 interest, 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 1 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25/13 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 day of OCfctpy .2o l(f . APPROVED AS TO FORM: CELIA BREWER City Attorney By JQJ2J_ Qp PROPERTY OWNERS Robert E. Detrich and Michelle A. Detrich, Trustees of the Robert E. Detrich and Michelle A. Detrich Trust Agreement Dated November 29, 2005, as to an Undivided Y2 interest and Robert S. Blackburn and E. Elaine Blackburn, Trustees of the Robert S. and E. Elaine Blackburn 1994 Trust Dated September 6, 1994, and any mendments thereto, as to an undivided Y2 interest By: Robert E. Detrich, Trustee (print name and title) Date: I 0 /Yp~· By: 'krtRrt.h~.~er lf~ (sign here) Michelle A. Detrich, Trustee (print name and title) Date: By: /\A: Robert S. Blackburn, Trustee (Print Name and Title) Date: I Cl / ~ po By~-~(~ (Sign Here) E. Elaine Blackburn, Trustee (Print Name and Title) /() /Lftl--~1~ Date: ' I RON KEMP V Assistant City Attorney, City of Carlsbad 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25/13 Exhibit I A r LEGAL DESCRIPTION Order Number: NCS-658965-SD Page Number: 6 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 6 AND 7 OF BLOCK "B" OF BELLA 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. EXCEPTING THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 7; THENCE SOUTH 63° 49' EAST ALONG THE NORTHERLY SIDE OF SAID LOT 7 A DISTANCE OF 154.10 FEET; THENCE SOUTH 26° 11' WEST 193.39 FEET TO A POINT ON THE SOUTHERLY SIDE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 465.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 155.28 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE NORTH 26° 11' EAST ALONG THE NORTHWESTERLY LINE THEREOF, 205.37 FEET TO THE POINT OF BEGINNING. APN: 206-150-12-00 Arst American Ttt!e Insurance Company 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 California ) ..c:' , ····-..... 7'- County of --~fu'--; L,/_1_{;;, G::~-"-----) 1 /) On ~~ · L{-T "?.':'._t_!J_ before me, .:Joc'-l'-1\.~t" S+w:zno•' ., Mot~Jb~~/, C . Date Here Insert N e and Title of th fficer personally appeared l<.~z .... l E. l:J; {{(_IC'.t:::L._l~\ \CJ::lf:..LL F ~: L:ef\2\.c:H 1 Name(s) ~f Signer(s) ~Kot)t~KT -5 .. l:?Lt-4C\Lrh~ULI\.\~L E GL A ,~r b Lf-\cl(_~i.-AIK.AJ who proved to me on the basis of satisfactory evidence to be the pers@_whose name$> is/:ar£] subscribed to the within instrument and acknowledged to me that he/she~executed the same in his/her/)J:t_IDr:authorized capaci~and that by his/her~ signatur@ on ffiefnstrument the persocfi§)) or the emTfy upon behalf of which the persor®acted, executed the instrument Place Notary Seal Above 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 ---z-· s;gnatu'e(J~L(c ~~ <'Y'- (_ Signature of Notary P lie -----------------------------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: _________________ _ Signer's Name: _________________ _ 0 Corporate Officer -Title(s): ______________ _ 0 Corporate Officer -Title(s): ___________ _ 0 Partner -0 Limited 0 General 0 Partner -D Limited D General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact D Trustee D Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:---------------D Other: -------------- Signer Is Representing: ____________ _ Signer Is Representing: ________ _ (~l2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 IIFILES01V\Departments\CED\LandDev\PROJECTS\MSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25/13