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HomeMy WebLinkAboutPD 14-02; Dominic and Kimberly Burns; 2014-0260601; Hold Harmless Agreement/ReleasePf y DOCtt lllllllllll 2014-02GG601 I RECORDING IS REQUESTED JUN 23, 2014 4:59 PM FOR THE BENEFIT OF THE CITY JUN 23, 2014 4:59 PM OF CARLSBAD ' WHEN RECORDED MAILTO; OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1 Ili lllll lllll lllll lllll lii Hi llll III III li li i i II III llll 1200 Carlsbad Village Dr. 1 Illlli lllll Hill lllll lllll lllll lllll lllll lllli lllll lllll lllli Hill mil iliil Hii IHI Carlsbad, CA 92008 ASSESSOR'S PARCEL NO. PROJECT ID £^ ik/aH RELATED PROJECT ID 205-060-80-00 PD 14-02 BURNS RESIDENCE 3330 HIGHLAND DR N/A HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 482-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Dominic Burns and Kimberiy Burns, husband and wife, as joint tenants, 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 Q \CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_GR140017.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 ofthe property described herein. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q \CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_GR140017,doc 01/25/13 day of IN WITNESS WHEREOF, the undersigned has executed this instrument this OWNER(S) Dominic Burns and Kimberiy Burns, husband and wifey^s joint tenants (Sign Here) Dominic Burns, owner Date: (Print Name and Title) 5 - Kf By: P. ' (Sign Here) Kimberiy Burns, owner (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP N Assistant City Attorney (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. Othenwise, 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.) Q \CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Bums Residence- Levy\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_GR140017,doc 01/25/13 EXHIBIT "A" Legal Description For APN/Parcel 10(8): 2054)60-80-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel B' Of Parcel Map No. 20175, In The City Of Carlsbad, County Of San Diego, State Of California, Filed In The OfRce Of The County Recorder Of San Diego County May 7. 2010, ^ Excepting Therefirom That Portion of Said Parcel 8" Described As Follows; Beginning At The Most Northerly Comer Of Parcel 'A Of Said Parcel Map No. 20775; Thence Along The Boundaries Of Said ParoeKS) "A" And "B' South 38'38'07 East 44.20 Feet And North 51»2r53' East 18.00 Feet To An Angle Point In The Boundary Of Said Parcel(S) "A" And "B; Thence Leaving Said Boundary Along The Northwesterly Prolongation Of The Most Northeasterly Une Of Said Parcel 'A', North 38'38'07' West 4283 to A Point Of Intersection With The Northeasterly Prolongation Of The Northwesterly Line Of Said Parcel "A";Thence Along Said Northeasterly Prolongation South 55''57'42 West 18.06 Feet To The Point Of Beginning. Said Legal Is Pursuant To That 'Certificate Of Compliance For Adjustment Plat And Shown As Lot/Parcel "B", Recorded June 7,2013, As Instmment No, 2D13-0359790 Of Office Records. Copyright American Land TKieAMociatioa All rights reserved. The use of this Fonn is restrided to ALTA licensees and ALTA memtwrs in good standing as of ttie date of use. AH olher uses are prohibited. Reprinted under license from the American Land Title Association. ALTA ijoem Podey (06/17/2006) Printed: 03.26.14 0 09:18PM Page 6 of 14 CAO'-FWKO-Q2180.055860-SPS-72307-1-14-58701400018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ } on mat, 3Tj 3»lf befere me, M j.^fel^Z/A,'^'^'"•^ per^nallyappeared ^mmiC fj^lAriS ^„,^kxFll^ ^'^'^'^^ I LJaiJ ALICIA M HAYES \dr^^ Commission # 1961786 ^ <KS^^ Notary Public - California | * vt^3y San Diego County g 1 ^^^my My finmm. Expires Dec 23.20151 who proved to me on the basis of sa^factory evidence to be the person(s) whose name(s) 4s@ subscribed to the within jDS^rument and acknowledged,-tQ me that |^!fexecuted the same ipjji^he^thgjpauthorized capacity!^), and that by his/be(^h^ 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 Place Notary Seal Above Signatun OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. ^ of Attached Document of Documenl:, VtAA WVKMlr^<? f^r^pmr^ A^iwvc ate: S ' 9-1 • ^L. Number of Pages: ^ Description Title or Type' Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT Top of thumb hefe Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — O Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007NatronalNotaryAssodatton-9350DeS«oAwe..P.O.Box2402-ChatsvN^ 91313-Z402-www.NatlonalNotafy.org It8(n#5907 Reorder:CallToB-Free 1-800-876-6827 Q \CED\LandDev\PROJECTS\PD\PD 14\PD 14-02- Burns Residence- Levy\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_GR140017,doc 01/25/13