HomeMy WebLinkAboutMS 15-14; TMT Development; 2016-0505223; 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# 2016-0505223
II IIIII 111111111111111111111111111111111111111111111111111111111111111
Sep 23, 2016 08:45AM
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.: 204-150-06-00 ----------------------PROJECT 10: MS 15-14
P~.C. T. NAME: -3=-4-:-:5:-::-0-::G:-a-rf=-ie-,...ld..,.-S=-t:-. -----
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HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 492-6A) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
1/We, TMT Development, LLC, 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.
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DRAINAGE 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.
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DRAINAGE doc 01/25/13
q-1-" IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _
0 ' 1 / '20 j.b dayof _____ ~~~~fi~~-~-------~-~-----
OWNER(S)
TMT Development, LLC, limited liability
company
By:
Date:
By:
(Sign Here)
(Print Name and Title)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By 4fd:E9t
Assistant City Attorney
City of Carlsbad
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.)
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DRAINAGE doc 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.
State of California D
County of S:4N I e1_40 . ) , .
On ~\{.n~ L], ]Vtv before me. J?u., an fie :ro}\)~ Nob~ PulA~·
Date lA j). l' Here Insert Name and Title of th Off1cer
personally appeared · lvtHl.1l.€ ~
:me(s) of Signer(s)
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. r· ................................. ·.······································· ... ·.·······-· ... 1 a ROXANNE JONES ~ COMM. #21 07902 ~ NOTARY PUBLIC • CALIFORNIA ~
t. ...... w.~ ......... ~~£4~!!~.?..!~]
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.
------------------------------------------------------------------------oPnONAL--------------------------------------------------------------
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
Capacity(ies} Claimed by Signer(s)
Signer's Name:
0 Corporate Officer -Title(s): ______ _
0 Partner - 0 Limited 0 General
0 Individual
0 Trustee
0 Other:
0 Attorney in Fact
0 Guardian or Conservator
Signer Is Representing: _________ _
Named Above:
Signer's Name:
0 Corporate Officer -Title(s): ______ _
0 Partner - 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
D Other: _______________________ _
Signer Is Representing: ______ _
\CJ2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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DRAINAGE doc 01/25/13
Corinthian Title Company, Inc.
ORDER NO.: 82344-PD
EXHIBIT A
LEGAL DESCRIPTION
PRELIMINARY REPORT
The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
THE SOUTHERLY 30 FEET OF LOT 8, EXCEPTING THE EASTERLY 15.80 FEET, ALSO THE NORTHERLY 20.00 FEET
OF LOT 9 IN BLOCK "P" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED FEBRUARY 5, 1973.
ALSO THE EASTERLY 15.80 FEET OF THE SOUTHERLY 30 FEET OF LOT 8 IN BLOCK "P" OF PALISADES, ACCORDING
TO MAP NO. 1747, FILED FEBRUARY 5, 1973.
Assessor's Parcel Number: 204-150-06-00
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