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HomeMy WebLinkAboutPD 2020-0027; Bray, Ted and Elaine and Feld, Richard and Cary; 2021-0092315; Hold Harmless Agreement/ReleaseDOC# 2021-0092315 11111111111111101111111111111111111111111111011111111111111 Feb 05, 2021 03:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.: SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 5t-) 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.: 167-122-03-00 & 167-122-13-00 PROJECT ID: PD2020-0027 PROJECT NAME: 3481 Seacrest Drive Slope Rehabilitation HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 526-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe, Ted R. Bray and Elaine A. Bray, husband and wife, as joint tenants and Richard David Feld and Cary Lynn Feld, Trustees of The Richard and Cary Feld Living Trust u/t/d March 3, 1992 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 QACED'ILandDevIPROJECTSTCAPD 2020\ PD2020-0027 3481 Seacrest Drive Slope Rehabilitation - ChualB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 occurring during the construction work or improvements as specified in this agreement. 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- I" HI HI HI III HI HI HI HI III III III III HI HI 2 Q:\CED\LandDevPROJECTS\PD\PD 20201PD2020-0027 3481 Seacrest Drive Slope Rehabilitation - ChuaNlitlAlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this >•,,÷44 day of , 20 OWNER(S) Ted R. Bray and Elaine A. Bray, husband and wife, as joint tenants By: v --(Sig ere) h ;r4/14-41- Ted R. Bray, Joint tenants (Print Name and Title) Date: 12 - /Z- Sc.) By: 4 4-e4 (Sign ere) Elaine A. Bray, Joint tenants (FFiicit me and Title) _ Date: - OWNER(S) Richard David Feld and Cary Lynn Feld, Trustees of The Richard and Cary Feld Living Tru§.t u/t/d March 3, 1992 By: c (Sign Here) Richard D. Feld, Co-trustee (Print Name and Title) Date: By: ELO Co (Sign Here) Cary L. Feld, Co-trustee (Print Name and Title) 12-H-71-at Date: APPROVED AS TO FORM: CELIA BREWER City Attorney ON 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 QACEDlLardDev1PROJECTSIPD1PD 20201PD2020-0027 3481 Seacrest Drive Slope Rehabilitation - Chuak138,AAHOLD HARMLESS AGREEMENT DRAINAGE.doc 0125/13 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 Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ID Corporate Officer - Title(s): O Partner - 0 Limited 0 General o Individual 0 Attorney In Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Corporate Officer - Title(s): o Partner - 0 Limited CI General •Individual 0 Attorney in Fact O Trustee o Guardian or Conservator 0 Other: Signer is Representing: CALIFORNIA 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 SG•t^ i. t6,) a On r) et; 0 f ••(,) ao before me, P' • 0U-s i 4;S- e,sprf , 1\SQ.i6ky ))((. Date Here Insert Nam d and Title of the Officerf p lersonally appeared -7- '3 - ray - : 4.( A t A..1Sr4;-7,q,,c6,1 il riu .. CGfy L F-t0 , Homers) of Signettsj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Isfaro subscribed to the within Instrument and acknowledged to me that he?slie/they executed the same In his/tier/their authorized capacity(ies), and that by hieTheritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. DOUGLAS DESJARDINS COMM. #2319380 51 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY .< Ar• ;%,:, MY COMM EXPIRES JANUARY 19, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notar Public ©2019 National Notary Association 4 QACEDIandDevlPROJECTSTDTD 2020TD2020-0027 3481 Seacrest Drive Slope Rehabilitation - GhualB&AlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 83 AND 90 OF SEACREST ESTATES, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4280, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1959. APN: 167-122-03-00 & 167-122-13-00