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HomeMy WebLinkAboutPD 2019-0012; Ward Commercial Inc; 2020-0609166; Hold Harmless Agreement/ReleaseDOC# 2020-0609166 111101110111111filll 11 Oct 08, 2020 12:01 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-051-11-00 - PROJECT ID: PD 2019-0012 PROJECT NAME: Block Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 519-7A) and improvement plan (DWG 519-7A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I, Ward Commercial, Inc., a California Corporation, the owner 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 QACED LandDey \ PROJECTS \PD \PD 2019 \PD2019-0012 Block Residence- Horodyski, Rick\ GR2019-0031 - Rick\B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 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. /// /// /// II- II- III III QACED \LandDev \PROJECTS \PD \PD 201 9 \ P02019-0012 Block Residence- Horodyski, Rick\ GR2019-0031 - Rick\ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this -al 20 -2-0 OWNER(S) Ward Commercial, Inc., a California Corporation day of By: (Sign Here) Brett Ward, President (Print Name and Title) Date: By: (Sign Here) Amy Ward, Secretary (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney City of Carlsbad (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 Q:\CED\LandDev \PROJECTS \ PD\PD 201 9 \PD2019-0012 Block Residence- Horodyski, Rick\GR2019-0031 - Rick \ B&A \HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CODY GUY Notary Public - California San Diego County Commission 9 2234354 My Comm. Expires Mar 16, 2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 AKY-4—ai 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. On zotc before me, Here Insert Name and Title f the Officer 67 .41 * 6at /A /4),, 4 1,4/a, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. State of California County of Lin 4,4 U ej 0 D e tod,k 4." k a()/ personally appeared WITNESS my hand and official seal. Signature ,..../...-S-ignat6fe of Notary Public Place Notary Seal Above 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator El Other: Signer Is Representing: Named Above: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General E Individual Attorney in Fact E Trustee El Guardian or Conservator O Other: Signer Is Representing: ©2014 National Notary Association • vvww.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 QACED\LandDey\PROJECTSTD\PD 201 9 \ PD2019-0012 Block Residence- Horodyski, Rick \GR2019-0031 - Rick \ B&A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 LEGAL DESCRIPTION EXHIBIT A THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 17 AND 18 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO: 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 16 OF SAID PATTERSON'S ADDITION; THENCE NORTH 55° 27' EAST ALONG THE SOUTHEASTERLY LINE OF PINE AVENUE 244.74 FEET; THENCE SOUTH 34° 33' EAST, 360.00 FEET; THENCE NORTH 55° 27' EAST PARALLEL WITH SAID SOUTHEASTERLY LINE OF PINE AVENUE 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 340 33' WEST 34.24 FEET; THENCE PARALLEL WITH SAID SOUTHEASTERLY LINE OF PINE AVENUE NORTH 55° 27' EAST 175.06 FEET MORE OR LESS, TO THE WESTERLY LINE OF HIGHLAND STREET; THENCE SOUTH 24° 32' EAST ALONG SAID WESTERLY LINE OF HIGHLAND STREET 135.50 FEET, MORE OR LESS, TO A POINT IN THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THOMAS HUGHES, ET UX, RECORDED JULY 14, 1948 IN BOOK 2871, PAGE 453 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 55° 27' WEST 150.79 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2 IN DEED TO J. BLAIR PACE, ET UX, RECORDED MARCH 18, 1946 AS INSTRUMENT NO. 20819, IN THE OFFICE OF THE REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY; THENCE LEAVING SAID NORTHEASTERLY LINE, AND CONTINUING SOUTH 55° 27' WEST 11.65 FEET; THENCE NORTH 27° 39' 10" WEST, 99.37 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A PRIVATE SEWER LINE OVER THE NORTHERLY 3.0 FEET OF THAT PORTION OF LOTS 17 AND 18 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22,1888, THE NORTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 16 OF SAID PATTERSON'S ADDITION; THENCE NORTH 55°27' EAST ALONG THE SOUTHEASTERLY LINE OF PINE AVENUE AS SHOWN ON SAID MAP NO. 565, A DISTANCE OF 244.74 FEET; THENCE SOUTH 34°33' EAST, 425.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 55°27' EAST, 142.14 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF PARCEL 1, HEREINABOVE DESCRIBED. ASSESSOR'S PARCEL NUMBER: 205-051-11-00