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Home My WebLink AboutPD 16-22; Worthing, Brooks and Mary Jane; 2017-0056238; 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# 2017-0056238 1 \U\1\ 11\11 U\\1 \1\11 lUI \lUll U\11 U\\1 \Ill\ \Ill\ 11\\\ Ill\\ 1\11 lUI Feb 02, 2017 02:51 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-172-04-00 ~ ~2~0~4~-1~72~-~05~-~00~--------- ~ PROJECT ID: PD 16-22 I DEV2016-0011 PROJECT NAME: Worthing Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 498-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Brooks A. Worthing and Mary Jane Worthing, husband and wife as community property, as to an undivided 20% interest and Kathleen Kinane, a single woman, as to an undivided 80% interest, all as tenants in common, 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 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\PD\PD 16\PD 16-22 Worth1ng Residences-Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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(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 /II /II /II /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 I\FILES01V\DepartmentsiCED\LandDev\PROJECTSIPD\PD 16\PD 16-22 Worthing Residences-Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ....!/i-7L---- day of , )a YlUCt ~}) APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ Assistant City Attorney City of Carlsbad . 20 \I OWNER(S) Brooks A. Worthing and Mary Jane Worthing, husband and wife as community property, as to an undivided 20% interest and Kathleen Kinane, a single woman, as to an undivided 80% interest, all as tenants in common Mary Jane Worthing, wife (Print Name and Title) Date: c:P-/:::?--/2 By: (Sign Here) Kathleen Kinane, a single woman (Print Name and Title) Date: o! It 2 lr/ (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 I\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 16\PD 16-22 Worthing Residences-Chua\B&AIHOLD HARMLESS AGREEMENT 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 County of SAt'O~ • ) ) On t1 J~ W-t:!__ before me. ~ ~5 ;Jlf -1+'lt"'41~~ ~~~ ---------~.-~---------------- Date , Here Insert Name and Tit/g. of the Officer personally appeared ...... ~~ i.~ _tL ~~(,.Ifr -r ~ #~ f}Pt'rlt.~~ ~to _1 _/ Name(s) of Signer(s) n~~ fi-.IJ4frl~ -- who proved to me on the basis of satisfactory evidence to be the person~whose namc!SP).a'16' subscri~s!.. to the within instrument and acknowledged to me that ~s~~~xecuted the same in h}€/~~ authorized capacity(~. and that by hi's/~~ signatur~n l1le'Tnstrument the perso~ or the entity upon behalf of which the perso~cted, executed the instrument. 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. --------------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 Doc~rcent . Title or Type of Document: j-1 ~ ~C~ Document Date: _ _!_-:!_ d'h"11~~l1 Number of Pages: ---~-~--Signer(s) Other Than Named Above: _________ .. _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual D Attorney in Fact 0 Trustee 0 Guardian 01' Conservator 0 Other: __________________ _ Signer Is Representing: _________ _ Signer's Name:-------,--------- 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited D General [] Individual 0 Trustee 0 Other: 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: ______ _ --<~~'§K:~"§<:'€<:>§'<;;t0t~"@;%::~'G<.::~&J<S'@<:>~A~.i'§X>gj~'Q0"Q<;'§X'~~g~-~«"2V~ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTSIPD\PD 16\PD 16-22 Worthing Residences-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 24 AND LOT 25 IN BLOCK #43, IN THE TOWN OF CARLSBAD, SAN DIEGO COUNTY, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 535 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888. APN: 204-172-04-00 & 204-172-05-00