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HomeMy WebLinkAboutPD 2018-0037; Ferri, Theodore and Elizabeth; 2019-0425479; 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# 2019-04254 79 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 26, 2019 09: 11 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (882 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-231-36-00 -----------PROJECT ID: PD 2018-0037 PROJECT NAME: Ferri Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 515-?A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Theodore D. Ferri and Elizabeth A. Ferri, husband and wife, as joint tenants, 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 Q ICED\LandDevlPROJECTSIPDIPD 2018\PD2018-0037 Ferri 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 /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PROJECTSIPDIPD 2018\PD2018-0037 Ferri Residence -Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ~ ,20 11 . Jj, day of APPROVED AS TO FORM: CELIA BREWER City Attorney By ~Gr Assistant City Attorney City of Carlsbad OWNER(S) By: Date: (Sign Here) Theodore D. Ferri, Husband (Print Name and Title) By: ~ (Sign Here) Elizabeth A. Ferri, Wife (Print Name and Title) Date: (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 O:ICED\LandDev\PROJECTSIPD\PD 20181PD2018-0037 Ferri Residence-Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 S (t, r'I f) ,' ~ft O ) ~/ A / (\ On 'J ,.._ / y :JI, 1 2 o I 'I befon, me, :J:.,_ /: e M; her, IV of o. 1, f/,.J, /, "<;- Date ~ J A Here Insert Narne'and Tlfle of the fficer personally appeared ~ e () cJ Q t"'e ~ • r::e rr I 0.,, ncl £ /;tt-\ heth A. h!rr,· Name(s)ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person!:!}_ whose name(s) ~ subscri~ to the within instrument and acknowledged to me that ~/@executed the same in l'Tis!'mr~authorized capacity(ies), and that b~gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JULIE MILLER COMM. #2274343 Notary Public • Callfomia I San Diego County Comm. Expi191 Jan. 31, 2023 Place Notary Seat Above I certify under PENAL TY 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 docume'j f' 7 k I J ~ •J Description of Attached Doe:ym9J1t. / A f tv IS-G:.-)11-1, -CO, PJJ ol -001 t'h ' t4tt.~ Title or Type of Docuf/ent: ttvlcl Ha..,ft\/~S (),-4.~ Docu'Rent Date: 7::_:)'1-:J. o/Cf Number of Pages: f'F Signer(s) Other Than Named~bove: Kon, J(jf'J/i. 1 J<;.,/ ~ 1-,,,,J Capacity(les) Claimed by Signer(s) C, ~ ~~, C,w,/::-,~ Signer's Name: ------------=a;,,,-Signer's Name:------,-------::;;;.---□ Corporate Officer -Tltle(s): -------::::_,,.--=----□ Corporate Officer -Title(s): --=--=----- □ Partner -□ Limited □ a □ Partner -□ Limited □ Individual rney in Fact D Individual □ Trustee D Guardian or Conservator D Trustee □Ot ------------00 ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Q \CED\LandDev\PROJECTS\PDIPD 2018\PD2018-0037 Ferri Residence -Levy\B & A\GRADING AND EROSION CONTROL CASH SECURITY.doc 4 Rev 01 /25/13 For APN/Parcel ID(s): 156-231-36 EXHIBIT "A" Legal Description Parcel 1 of Parcel Map No. 19086, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County, October 30, 2002. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page 3 Printed: 11.20.18 @ 05 02 PM CA-CT-FWDO-02180.055820-SPS-1-18-73718010913