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HomeMy WebLinkAboutPD 2018-0031; Huelsebusch, Melody; 2019-0126633; Hold Harmless Agreement/Release, RECORDING 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# 2019-0126633 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Apr 09, 2019 01 :37 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0.00) PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~R'S PARCEL NO.: 156-163-13-00 PROJECT ID: PD 2018-0031 -----------PROJECT NAME: Huelsebusch Residence ------------ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 514-9A) and improvement plan (DWG 514-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Melody Huelsebusch, as Trustee of the Melody Huelsebusch 2004 Separate Property Trust, 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. 1 I\FILES01V\Departments\CED\LandDevlPROJECTSIPDIPD 2018\PD2018-0031 Huelsebusch Residence -Levy\B & AIHOLD HARMLESS AGREEMENT 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 2018\PD2018-0031 Huelsebusch Residence -Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS ~~~Of, _the undersigned has executed this instrument this a?/ ~,.L.,/ , 20 /f . day of OWNER(S) Melody Huelsebusch 2004 Separate Property Trust APPROVED AS TO FORM: CELIA BREWER City Attorney By ~fuL¥ Assistant City Attorney City of Carlsbad By: Date: By: Date: Melody Huelsebusch, Trustee (Print Name and Title) (Sign Here) (Print Name and Title) (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 2018\PD2018-0031 Huelsebusch Residence -Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 San Diego } On March 21, 2019 before me, L. Hahn , Notary Public, -------------------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared Melody Huelsebusch L. HAHN Notary Public -California San Diego County Commission# 2212799 My Comm. Expires Sep~. 2021 Place Notary Seal Above .,. 2 ,. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~) is/are subscribed to the within instrument and acknowledged to me that !:Kl/she/they executed the same in ITISfher/tAeir authorized capacity(ies), and that by llisther/theif signatur$) on the instrument the person($1, or the entity upon behalf of which the personffi) 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 m~a?al seal Signature ~ S natur o o ry uti"' OPTIONAL Though the information below is not required by lawd it may prove valuable to persons relying on the document and could prevent fraudulent removal an reattachment of the 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 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: RIGHT THW.IBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ □ 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: RIGHT Trc, r.:BPRlt;T OF s1r_,NER Top of thumb here . ' EXHIBIT "A" ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT 117 IN CARLSBAD LANDS, DISTANT THEREON NORTH 89° 57' oo· WEST, 147.01 FEET FROM THE NORTHEASTERLY CORNER OF SAID TRACT 117, AS SHOWN ON MAP NO. 1661 OF CARLSBAD LANDS, RECORD OF SAN DIEGO COUNTY; THENCE NORTH 00° 55' 00" WEST, 342.53 FEET TO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID NORTHWESTERLY QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO LOUIS P. AND ANNIE HOFFMAN, BY DEED DATED APRIL 16, 1930 AND RECORDED IN BOOK 1763, PAGE 358 OF DEEDS; THENCE ALONG THE NORTHERLY LINE OF THE LAND SO CONVEYED TO HOFFMAN, SOUTH 89° 52' 38" WEST, 69.50 FEET; THENCE NORTH 00° 55' 00" WEST, 322.42 FEET; THENCE SOUTH 89°-42' 15" WEST, 72.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 42' 15 .. WEST, 100.00 FEET; THENCE SOUTH 00° 55' 00" EAST, 170.00 FEET; THENCE NORTH 89° 42' 15• EAST, 100.00 FEET; THENCE NORTH 00° 55' 00" WEST, 170.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET . ... END OF LEGAL DESCRIPTION ...