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Home My WebLink AboutMS 14-11; Mathis Living Trust; 2016-0299723; 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# 2016-0299723 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 17, 2016 09:04AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SMJ DIEGO COUNTY RECORDER FEES $0 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ~SSESSOR'S PARCEL N 0.: ----=-22=-=3--1,---7__,0--,--1_8_a_nd_22_3_-1_7_0-_4_5 _ ./. . PROJECT 10: MS 14-11 ~0.~ ~-. PROJECTNAME: ~~~~------<-. Mathis Levante Subdivision RELATED PROJECT 10: ----------------------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (N/A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Dennis C. and Robin I. Mathis, Trustees or their Successors in Trust of the Mathis Living Trust dated September 24, 2005, 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 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 \\FILES01V\Departments\CEOILandDev\PROJECTS\MS\MS 14\MS 14-11 Math1s Levante SubdiVISIOn-R1ck\HOLD HARMLESS AGREEMENT DRAINAGE 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 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 Ill Ill Ill 2 IIFILES01V\DepartmentsiCED\landDev\PROJECTSIMS\MS 14\MS 14·11 Math1s levante SubdiVISIOn Rick\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 cr/il IN WITNESS WHEREOF, the undersigned has executed this instrument this--+(.. __ _ day of ~~t 2 t APPROVED AS TO FORM: CELIA BREWER City Attorney ~fY By:RONKE~ Assistant City Attorney , 20.i.2_. OWNER(S) Dennis C. Mathis and Robin I. Mathis, Trustees or their successors in trust of the Mathis Living Trust, dated September 24, 2005 By: D l VV\~ (Sign Here) Dennis C. Mathis, Trustee (Print Name and Title) Date~l-Is- By: ~ 9. \ill-t:__. (Sign Here) Robin I. Mathis, Trustee (Print Name and Title) Date: q · 2-( -IS"' (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 Q ICED\LandDeviPROJECTSIMSIMS 14\MS 14-11 Mathis Levante SubdiVISIOn-R1ck\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otl1er officer completing thrs certificate verifies only the identity of the individual wl1o signed the document to which thiS certificate is att::Jched. and not the truthfulness, accuracy. or validity of that document. State of Califor·nia ) County of 3:-'1 o _l:::t~.t?...T___ _ ) On c) I :';lj I 2L, I t., ' before me.J~~l uh ;\), cb.z.JI~ ~G ,,.D <-,-b, <> /.-,1 f\J,. -~, J A,.,~.J l1 .._ 1 1 Date Here Insert Name anh Title of the Officer :..-~-r n . personally appeared ~ 0 I ~;, _C_. JYla_Li, \ e,) .1 {\ J i\ Cl b • /) I ' tv\ a+~ ,· ·.; Name(s) of Signer(s) . ----------~--~~~- who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is@\ subscril?.-~ to the within instrum~l]t and acknowledged_.!Q me that he/she~ executed the same)[l his/herQJ:I_§j;)authorized capacitw~ and that..Qy his/her~ signaturE{§Yon the instrument the persoml§l..> or the entity upon behalf of whiCil the perso~acted. executed the rnstrument. ·····································~ : ,0'~ SARAH MICHELLE VAN COOPS-BUSH = -~ . -a: ~: ~ , ~. COMM. #2060423 fJ rn ,., NOTARY PUBLIC-CALIFORNIA "1:1 ~ c,,. SAN DIEGO COUNTY :: -0 -: My Commission Expires 03/0B/2018 : ~····································· Place Nota1y Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ti'ue and co!'rect. WITNESS my hand and official seal. Srgnatur~"<'~£ ~~J»;I,.lLz 1~ C~-J~~~ Signature of Notary ublic --------------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 'J)v-:< , ~"r\--"--- Title or Type of Document: J+ckLJ-fa,~.s,.>)l~,~d __ Do1~~etlt Date: (t_...-'--;u_-=---20 15 __ Number of Pages: _3 Signer(s) Other Thar; Named Above: -~~;-____ l::._.c'-.-:·1 V..,..;> __ ,=r------ Capacity(ies} Claimed by Signer(s} Signer's Name: J:J&.~':i' __ C_, __ F\''-t·~----__ _ 0 Corporate Officer -Title(s): __ ------~------ 0 Partner -0 Limited lJ Generol [] Individual n Attorney in Fact [il Trustee 0 Guar·dinn or Conservator 0 Other: __ _____ _ __ ___ Signer Is Representing: ~;_~ .U"<'i<"L~--~-'t Signer's Name: _&ob..Ll".L . ...J:-'--+tv\ a+h ;· s 0 Corporate Officer -Title(s): ~~~--~~~ 0 Pnrtner -0 Limited D General lllndividual D Attorney in Fact R'l Trustee D Guardian or Conservator l'J Other: ~~~.;<.>~0~~<.>9"v~i;.~2 .. :'GZ.~~Y0J(~<}"S<;'G?~~~JG<v"~X.~;,:;.:-<,~-<;"';.{,·~·"'~:z.:~~~,.;~~Z"':..,;_·~~~<;~~~:<(~~<.,~~~~~<>'C<;~~~..<:'§X/<;x.:-< V:J2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\DepartmentsiCED\LandDev\PROJECTS\MSIMS 14\MS 14-11 Mathrs Levante Subdrvrsron-Rrck\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 Cx "-'' blt ''A'' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: A PORTION OF LOTS 230 AND 231 OF MAP NO. 7457, LA COSTA VALE UNIT NO. 1, RECORDED 10-18-72 IN THE CITY OF CARLSBAD, COUNTY OF SAN D.IEGO, STATE OF CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 230, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 22°46'48" WEST, 113.53 FEET; THENCE NORTH 66°30'00" EAST, 73.80 FEET; THENCE SOUTH 76°55'58" EAST, 68.97 FEET; THENCE SOUTH 27°44'55" EAST, 69.69 FEET TO A POINT ON A 1970.00 RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID 1970.00 RADIUS CURVE 35.00 FEET, THE CHORD OF WHICH BEARS NORTH 62°45'37" EAST, 35.00 FEET; THENCE NORTH 27°44'55" WEST, 198.85 FEET; THENCE SOUTH 66°30'00" WEST, 310.03 FEET; THENCE SOUTH 17°43'10" EAST, 194.66 FEET TO A POINT ON A 1970.00 RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID 1970.00 RADIUS CURVE 174.00 FEET, THE CHORD OF WHICH BEARS NORTH 69°45'01" EAST, 173.94 FEET TO THE TRUE POINT OF BEGINNING. THE AREA OF PARCEL B IS 52150.90 OR 1.20 ACRES MORE OR LESS. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2003 AS INSTRUMENT NO. 03-1318136 OF OFFICIAL RECORDS. APN: 223-170-45-00 and 223-170-18-00