Loading...
HomeMy WebLinkAboutMS 15-09; Carlsbad Unified School District; 2016-0403169; 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# 2016-0403169 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 09, 2016 09:40AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS@OR'S PARCEL NO.: 205-220-75 L. t PROJECT 10: ~M-::S:--15-=-=09-----:--=--:--::-:--:----,w PROJECTNAME: __ V_a_lle~y_S_t_re_e_t_S_ub_d_iv_is_i_on ____ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 491-?A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Carlsbad Unified School District , 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 occurring during the construction work or improvements as specified in this agreement. 1 \\FILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-09 Valley Street Subdivision-Bobbett\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_MS15- 09.doc 01/25/13 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 /II Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-09 Valley Street Subdivision-Bobbett\B&AIHOLD HARMLESS AGREEMENT DRAINAGE MS15- 09.doc 01/25/13 - IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ---=JI;._4-'-"'·~\y-t,------' 20_· l_'-D ___ _ OWNER(S) Carlsbad Unified School District APPROVED AS TO FORM: CELIA BREWER City Attorney By {l£-{EMP~ Assistant City Attorney City of Carlsbad By: (Print Name and Title) Date: t /I~ }JLP By: (Sign Here) (Print Name and Title) Date: (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 IIFILES01V\Departments\CED\LandDev\PROJECTS\MSIMS 15\MS 15-09 Valley Street Subdivision-Bobbett\B&AIHOLD HARMLESS AGREEMENT DRAINAGE_MS15- 09.doc 01125/13 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 12263, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 11, 1982, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID REMAINDER PARCEL; THENCE ALONG THE NORTHEASTERLY LINE OF SAID REMAINDER PARCEL NORTH 28°07'02" WEST 302.17 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL A OF SAID PARCEL MAP NO. 12263; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL A AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 61°48'24" WEST 115.07 FEET; THENCE PARALLEL WITH SAID NORTHEASTERLY LINE SOUTH 28°07'02" EAST 302.02 FEET TO THE SOUTHEASTERLY LINE OF SAID REMAINDER PARCEL; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 61 °52'56" EAST 115.07 FEET TO THE POINT OF BEGINNING. 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,.gnaMe 1YJ~ J! k~ 81 ature 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 Slgner(s) Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ Signer's Name:------,-,---------- 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-SOQ-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 15\MS 15-09 Valley Street Subdivision-Bobbett\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_MS15- 09.doc 01/25/13