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HomeMy WebLinkAboutPD 08-03; The Eugene and Jenny Vanderpol 2006 Trust; 2009-0314436; 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# 2009-0314436 JUN10,2009 11:01 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: HP SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-440-11-00 PROJECT ID: PD 08-03 PROJECT NAME: VANOERPOL RESIDENCE RELATED PROJECT ID: DWG 457-6A HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 457-6A) for development to occur on property more particularly described as attached Exhibit A, I/We, EUGENE M. VANDERPOL and JENNY L. VANDERPOL as Trustees of THE EUGENE AND JENNY VANDERPOL 2006 TRUST, dated January 27, 2006, 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 1 H:\Development Services\PROJECTS\PD FILES\PD 08\PD 08-03 Vanderpol Residence - BobbemB & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of l/rf ftM-CM , 20 0S . OWNER(S) By: APPROVED AS TO FORM: RONALD R. BALL City Attorney (Sign Here) EUGENE M. VANDERPOL, TRUSTEE (Print Name and Title) Date: By: _ (Sign Here) JENNY L. VANDERPOL, TRUSTEE (Print Name and Title) Date:V. Deputy City Attorney* (Proper notarial acknowledgment of execution by owner(s) must be attached) H:\Development Services\PROJECTS\PD FILES\PD 08\PD 08-03 Vanderpol Residence - BobbetftB & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of; On Date personally appeared before me, Mere Insert Name and Title of the Officer \ L Name(s)kf Signer(s) STEPHEN E SHAW"}; COMMJ1781738 mHOWRYPUBUC-CAUFORHtA <«SAN DIEGO COUNTY ^MY COMB. Exi*. NOT-M, 2011J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -te/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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han Place Notary Seal Above Signature ^ OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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:. D Individual -Title(s):D Corporate Officer • D Partner—D Limited D General D Attorney in Fact Trustee Guardian or Conservator D D RIGHTTHUMBPRINT OF SIGNER Top of thumb here D Other:. Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): __ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:CallToll-Frse 1-800-876-6827 H:\Development Services\PROJECTS\PD FILES\PD 08\PD 08-03 Vanderpol Residence - BobbetftB & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc EXHIBIT A 1 LOT 690 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367, FILED IN THE OFFICE OF THE COONTY RECORDER OF SAN DIEGO COUNTY, JULY 13, 1972. EXCEPTING THEREFROM THAT PORTION OF SAID LOT LYING WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 4 WEST, A 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS WITHOUT THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF.