HomeMy WebLinkAboutRP 92-10A; Butler Properties LLC; 2016-0460006; 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# 2016-0460006
1111111111111111111111111111111111111111111111111111111111111111111111
Sep 02, 2016 09:05 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: ---=2......:.0-=--3---2-=--96=----=--07_-0_0 ____ _
v/1?, PROJECT ID: RP 92-10A ~ PROJECTNAME: ==B;I~ue~w~a~t~er~G~=ril=l==========
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 492-4A) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
1/We, Butler Properties, LLC, 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.
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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.
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DRAINAGEdoc 01/25/13
'J.,Q ~ IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _
day of __ -.=.J...lL..v-F-J.)t~4----' 20 '~
) OWNER(S)
Butler Properties, LLC, a California limited liability Company
By:
Ron Butler, Member
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
Date: ?J~rr,)) b
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: ----"'-+-"'}()~()0 ---"-(V,""'r---F -~&KEM~
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.)
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I\FILES01V\Departments\CED\LandDev\PROJECTSIRPIRP 92\RP 92-10(A) Bluewater Grill-Bobbett\Bonds and Agreements\HOLD 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 SA-N i) £€.~ c
On s .... '-'I "2 0 I 2-D I f.:, before me. ______ _J<W'-'C__. _,_16=--:t j.V'\:___,.. -1-1-Lt-l~):_:_:]lm~L~CJ.-I---"e'-'"~BL!=t.:.:..• .,.(.~--
Date Here Insert Name and Title of the Officer
personally appeared ------------'R:::..:"t.:..!f\J::-___:.B~L·_.T-'L-=e-_,_r2..=-----------
Name(ft'f of Signer(.;)
who proved to me on the basis of satisfactory evidence to be the personj.s1 whose nam~~a~
subsqribed to the within instrument and acknowledged to me that 'fil>/s~/th!11 executed the same in
@/l)er/th{ir authorized capacity(i~. and that by~lh/rlth~ signature~n the instrument the personJ*
or the entity upon behalf of which the person~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 Document
Title or Type of Document: _____________ _
Number of Pages: ____ Signer(s) Other Than
Capacity(ies} Claimed by Signer(s}
Signer's Name: ------------=..c---
0 Corporate Officer -Title(s): ---:;;~----
0 Partner - 0 Limited 0 Ge
D Individual 0 Atto
0 Trustee
0 Other:
Signer Is Representing: _________ _
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
0 Other:-----------------···
Signer Is Representing: ______ _
\f'l2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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DRAINAGE.doc 01/25/13
For APN/ParceiiD(s): 203-296-07-00
EXHIBIT "A"
Legal Description
Lot 1 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of San
Diego, State of California, according to the Map thereof No. 1710, filed in the Office of the County
Recorder of said San Diego County, December 9, 1919.
Also, a rectangular strip of land one foot wide and seventy-two feet long, being a portion of the Westerly
side of Lot 2 of Subdivision of a portion of Tract 1 06 of Carlsbad Lands, according to Map thereof No.
1710, filed in the Office of the County Recorder of San Diego County, December 9, 1919, more
particularly described as follows:
Beginning at the intersection of the Easterly line of Lot 1 of said Subdivision with the Southerly line of Elm
Street (also known as State Highway) and running along said Easterly line of said Lot 1 in a Southerly
direction, 72 feet; thence at right angles in an Easterly direction, 1 foot; thence at right angles in a
Northerly direction and parallel with said Easterly line of said Lot 1 to an intersection with said Southerly
line of said Elm Street (also known as State Highway); thence in a Westerly direction along the Southerly
line of said Elm Street to the Point of Beginning.
CL TA Preliminary Report Form-Modified (Adopted: 11.17.2006) Printed: 10.19.15 @ 09:09AM
CA-CT-FWD0-02180.055820-SPS-1-15-73715013413