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Home My WebLink AboutPD 01-10; Petri Trust; 2002-0609790; Hold Harmless Agreement/Release.- DOC # 2002-0609790 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 JUL 19. 2002 4109 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-180-39-00 PROJECT NO. 81 NAME: PD 01-10 Petri Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG No. 398-2A) for development to occur on property described as attached Exhibit A, (I)We, George and Sandra Petri, Trustees of the George and Sandra Petri Trust Agreement dated August 16, 1995, 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 occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner@) 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. -%h IN WITNESS WHEREOF, the undersigned has executed this instrument this 3 day of mm ,20*. J PROPERTY OWNERS By: Agreement dated 8/16/95 George Petri, Trustee of the Geo (Print Name and Title) Sandra-Petri, Tkustee of the George and Sandra Petri Trust Agreement dated 8/16/95 (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) treasurer must sign for corporations. Otherwise, the corporation must attach a resolution (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant signing to bind the corporation.) certified by the secretary or assistant secretary under corporate seal empowering the officer@) APPROVED AS TO FORM: RONALD R. BALL City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT No. w7 On 5-30-02 before me, America San Martin, Notan Public 'DATE NAME, TITLE OF OFFICER. E.Q.. 'JANE DOE. NOTARY PUBLIC personally appeared GEOBGE PETRI NAME@) OF SIQNER(S) D personally known to me '- OR - proved'.to me on the basis of satisfactory evidence to be the person@) whose name@) ism subscribed to the within instrument and ac- knowledged to me that he executed the same in his/- authorized capacity-), and that by his& signature@) on the instrument the person(@, or the entity upon behalf of which the "' ' person@) acted, uted the instrument. SAN DlEGO COUNTY I I I , I 'OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and'could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nws) 0 PARTNER@) 0 LIMITED 0 AlTORNEY-IN-FACT 0 TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER 0 GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIM(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION * 8236 Remrnel Ave., P.O. Box7184 Canoga Park, CA 91308-7184 .. CALIFORNIA ALL-PURPOSE ACKHOWLEDWENT State of California County of San Diego On 5-SO42 before me, America San Martin, Notary Public VAE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC personally appeared ~ mR& PETRI NAME61 OF SIGNER(81 ~~ Dpersonally known lo me - OR - proved to me on the basis of satisfactory evidence to be the person@) whose name@) ishm subscribed to the within instrument and ac- knowledged to me that-shem executed the same .in iis/herk&x authorized capacity(ian); and that byxkWherfitBzck signature(x) on the instrument the person@), or the entity upon behalf of which the .. NOTARY PUBLIC - CALIFORNIA COMMISSION # 1200313 SAN DIEGO COUNTY My Cornmiss~on Exp. October 31.2032 d and officiakeal. person(S) acted,.'executed the instrument. # OPTIONAL Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER- DESCRIPTION OF ATTACHED DOCUMENT c3 INDIVIDUAL 0 CORPORATE OFFICER -151. TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED c] ATTORNEY-IN-FACT 0 GENFFIAL 0 TRUSTEE(S) 0 GUARDIAIVCONSERVATOR NUMBER OF PAGES 0 OTHER: DATE OF DOCUMENT SIGNER 18 REPRESENTINCI: NAME OFPERSON(S)OR ENllN(IE8) SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" .. That portion of Tract 2 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, fiied in the Office of the County Recorder of San Diego County, June 20, 1921, together with a portion of County Road Survey No. 135, as shown on Map No. 1719, said portion having been closed to vehicular traffic only by order of the Board of Supervisors on June 28, 1948, a copy of which said order filed July 1, 1948 as File No. 65377 of Official Records of San Diego County, being described as follows: Beginning at the intersection of the center line of Road Survey No. 135 (Carlsbad Road, closed) with the Westerly line of Jefferson Street, 60.00 feet wide, as shown on Road Survey Map No. 843, filed in the Office of the Surveyor of said County; thence along the center line of said Carlsbad Road North 43"18'00" West, 13.83 feet; thence North 52"29'00" West, 123.00 feet; thence North 23"44'00" West, 65.80 feet to the True Point of Beginning; thence continuing along said centerline North 3"59'00" West, 79.96 feet; thence leaving said centerline North 81"24'11" East, 69.18 feet to a point on the arc of a 430.00 foot radius curve concave Easterly, said curve being also the Westerly line of said Jefferson Street, 60.00 feet wide, as shown on said County Road Survey 843; thence South 84"59'49" East, 39.96 feet to a point on the arc of a 530.00 foot radius curve concave Easterly, said point also the side line of Jefferson Street as shown on Caltrans right of way Map LO 3787, a radial line to said curve bears North 84"59'49" West; thence Southerly along said curve through a central angle of 7"16'43", 67.33 feet to a point, a radial line to said curve bears North 87O43.28" West; thence leaving said curve South 87O43.28" West, 19.76 feet to a point on the side line of said Jefferson Street as shown on County Road Survey No. 843; thence South 77"07'56" West, 83.41 feet to the True Point of Beginning and comprising an area of 0.18 acres, more or less. APN: 155-180-39