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Home My WebLink AboutMS 14-05; Blackburn Trust and Detrich Trust; 2016-0567108; 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 DOC# 2016-0567108 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Oct 20, 2016 02:17PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-150-12-00 ----------------------PROJECT 10: MS 14-05 ~----=---~----------PROJECT NAME: Hoover Street Minor @) Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 489-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/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 % 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 amendments thereto, as to an undivided % interest, 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 1 \IFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivosion-Riddle\B&AIHOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01VIDepartments\CED\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _l{ ___ day of Ocwhe'f . 2o_J_0 __ APPROVED AS TO FORM: CELIA BREWER City Attorney By:----=--.Jir2~L2A~n~ ;· -----RONKEM~ Assistant City Attorney City of Carlsbad OWNER(S) 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 %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 amendments thereto, as to an undivided % interest By: ~ (Sign Here) Robert E. Detrich, Trustee (Print Name and Title) Date: ID / '-/ /zo1? I By:~O~ (Sign Here) Michelle A. Detrich, Trustee (Print Name and Title) Date: By: (Sign Here) Robert S. Blackburn, Trustee (Print Name and Title) Date: /o /;[::: 1 'f. By: (Sign Here) E. Elaine Blackburn, Trustee (Print Name and Title) Date: I ~ (tf I~() I fR 3 I\FILES01V\Departments\CED\landDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&AIHOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13 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 CTIY 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 Rrst American Title 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 -----...,, County ot,.--S"-.r--l) 1 -e1J'a C/ On 0 C-t , :\. t 7 o I 0 before me, ,::::(, ( Date ~ Here Insert Name{ nd Title of the Offi r personally appeared Kc.:Ge~::T E. -·Lf=Tt2~CI-\, (\\I.CHEtLF fA. l:>t=\R \()-j. Name(s) of Signer(s) 12--L<&-~ ~ · QLJ\CJL\jt-\~1\.\ 'V f, £ LAr~ 0L(\:.K-J)lAI2J0 who proved to me on the basis of satisfactory evidence to be the pers~ whose nam&(Sj) is/~ subscribed to the within instrument and acknowledged to me that he/she~xecuted the same in his/her/~uthorized capac~). and that by his/he~signatur~n the instrument the persor1@:) or the entity upon behalf of which the perso~cted, executed the instrument • JOANNIE STURGEON Commission # 2038075 z j Notary Public -California ~ J San Diego County .. • o o •• JAJ tOZ"k 9W't' O"J f~'l1LI 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. Signature (;c.-...~02_ ~vl.u (_ ay-._ Signature of Notary Public ------------------------------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 -0 Limited D General 0 Individual 0 Attorney in Fact 0 Individual D Attorney in Fact 0 Trustee 0 Guardian or Conservator D Trustee 0 Guardian or Conservator 0 Other: D Other: _______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ik%JJ~@@3"§W"!YS't'£®'@.1~>~%-®~~g@@t@%2QM(/~§0;"t£lj@@~@'§.ki@@~'@J.W~'@$@\>"Q<:@~ @2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision-Riddle\B&AIHOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13