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HomeMy WebLinkAboutPD 2020-0007; Fukuda, Lane and Kelly; 2020-0685821; Hold Harmless Agreement/ReleaseDOC# 2020-0685821 II I 1111111111111111 NI 11 111 III11111111 Nov 04, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (5B2 Atkins: $0.00) PAGES 5 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-120-34-00 PROJECT ID: PD2020-0007 PROJECT NAME: Fukuda Addition HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 525-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Lane Fukuda and Kelly Fukuda, trustees of the Fukuda Living Trust, Dated March 23, 2018, 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. QACED\LandDev\PROJECTSTD\PD 2020 \PD2020-0007 Fukuda Residence - Levy\ B&A\ HOLD 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. /// /// 111 II- III III II- QACED \LandDev \PROJECTS \PD \PD 2020 \PD2020-0007 Fukuda Residence - Levy\ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 By: IN WITNESS WHEREOF the undersigned has executed this instrument this day of 20 n OWNER(S) Lane Fukuda and Kelly Fukuda, trustees of the Fukuda Living Trust, Dated March 23, 2018 By: (Sign Here) Lane Fukuda, Trustee of Fukuda Living Trust, Dated March 23, 2018 (Print Name and Title) Date: Kelly Fukuda, Trustee of Fukuda Living Trust, Dated March 23, 2018 (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: TO 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 a \ GED\ LandDev \ PROJECTS \PD\PD 2020 \PD2020-0007 Fukuda Residence - Levy\ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT A notary public or otherofficer 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 before me, 01" *CC' . /144441(-1531' , Here Insert Name and Title of the fficer lie4C- '60444 "9 I p4444911--- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) IVare subscribed to the within instrument and acknowledged to me that 1?,egs*/they executed the same In pffs/Ver/their authorized capacity(les), and that by tlis/ber/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 mg, correct. WITNESS h/and a d official seal. ' ©2019 National Notary Association 4 QACED LandDev \ PROJECTS \PD \PD 2020 \ PD2020-0007 Fukuda Residence - Levy \ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 On Date personally personally appeared Sign ure Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIO Completing this information can deter alteration of the document or fraudulent reattachment Of this form to an unintended document. Description of Attached Document Pr OW /141141 WA: 4r4Ptirlfi-rTV DocumentDate. Number of Pages: Signer(s) Other Than Named Above: Title or Type of Document Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): o Partner — 0 Limited 0 General o Individual o Attorney In Fact o Trustee o Guardian or Conservator 0 Other: Signer Is Representing. Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General o Individual o Attorney in Fact o Trustee o Guardian or Conservator 0 Other: Signer is Representing: EXHIBIT "A" Legal Description For APN/Parcel IDs): 156-120-34-00 PARCEL 3 OF PARCEL MAP NO. 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1966 AS FILE NO. E79165 OF OFFICIAL RECORDS. EXCEPTING ANY PORTION LYING WITHIN LAS FLORES, MORNING GLORY LANE AND HIGHLAND DRIVE AS SHOWN ON RECORD OF SURVEY MAP NO 6676, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.