Loading...
HomeMy WebLinkAboutCDP 2018-0019; Snyder, James and David Drinco; 2019-0144792; 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# 2019-0144792 11111111111111111 IIIII Ill\ 111111111111111111111 IIIII IIIII IIIII IIII IIII Apr 22, 2019 11 :37 AM OFFICIAL RECORDS Ernest ,I Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~SOR'S PARCEL NO.: 215-050-57-00 -PROJECT ID: CDP 2018-0019 PROJECT NAME: Snyder Residence Skimmer Ct. HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 515-BA) and improvement plan (DWG 515-BA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, James M. Snyder and David Drinco, 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 1 IIFILES01V\Departments\CED\LandDev\PROJECTSICDP\CDP2018\CDP2018-0019 Snyder Residence -Carroll\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. /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP2018\CDP2018-0019 Snyder Residence -Carroll\B & AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 2 ~ day of 1(/f flA<-, 20 /5 . APPROVED AS TO FORM: CELIA BREWER City Attorney Bymtl ~ /\j RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) James M. Snyder, a single man and married man as his sole and sep tenants By: Date: By: Date: James M. Sn der (Print Name and Title) (Sign Here) David Drinco (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP2018\CDP2018-0019 Snyder Residence -Carroll\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 Exhibit A LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of califomia, described as follows: PARCEL 1: THE EAST 435 FEET OF THE NORTH 110 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND lJTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EAST 20 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 3: A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FOR THE BENEFIT AND USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID EASEMENT TO BE 40.00 FEET IN WIDTH, THE CENTER LJNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON SOUTH 0°37'04" EAST 183.00 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING IN THE ARC OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 9°58'06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°28'06", A DISTANCE OF 12.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°30'00" EAST, A DISTANCE OF 62.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°55'00" A DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATURE WITH A 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 29°25'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 60.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1800-1, KNOWN AS EL CAMINO REAL. THE SIDELINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, AND IN SAID WESTERLY LINE OF EL CAMINO REAL. APN: 215-050-57-00 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 ~Y' ~ eey=> ) rQ__ _ _LJ On Yj2-/Z1J1C:, beforeme, C27°M-ffaY'nQ_,~, I\J&~~ Date Here Insert Name and Title of the Officer personally appeared V4:,Jn-f--8 V}I) • ~ d.R..V: '-.. __ . I ),.,_ Nam~igner(s) ~v,~ L>Y,V\Ll2 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gnatu"li,£ &~Y;/ Signature of Notary Public ---------------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 Do~4ment . , I _ ~ Title or Type of Document: +to\~ :,Z::.V \ttle,Ss ~Y'(l .~Document Date: ______ _ Number of Pages: ___ Signer(s) Other Than ~med Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ D Other: Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP2018\CDP2018-0019 Snyder Residence -Carroll\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13