Loading...
HomeMy WebLinkAboutMS 14-11; Mathis, Dennis and Robin; 2021-0092313; Hold Harmless Agreement/ReleaseDOC# 2021-0092313 lIIl VIII HIV IIIII11111110111111111101I111111 liii III III 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 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.: PROJECT ID: PROJECT NAME: 223-170-65-00 MS 14-11 Mathis Residence Parcel 3 SFD HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 498-1B) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Dennis C. Mathis and Robin I. Mathis, Trustees or their Successors in Trust of the Mathis Living Trust dated September 24, 2005, 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. 1 QACEDIandDev1PROJECTSVMSIMS 14\MS 14-11 Mathis Lovanto Subdivision - RicM8onds and AgreementslDWG 498-10 Mathis Residence ParceL 3 SFD B&AAHOLD HARMLESS AGREEMENT DRAINAGE 2020.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. /// HI III Q:\CED\LandDev\PROJECTS\MS\MS 14IMS 14-11 Mathis Levant° Subdivision - Riclaonds and AgreementsIDWG 498-113 Mathis Residence ParceL 3 SFD B&PAHOLD HARMLESS AGREEMENT DRAINAGE 2020.doc 01/25/13 By: RON KE111P Assistant City Attorney City of Carlsbad (Proper notarial acknowledgment of execution by owner(s) must be attached) IN WITNESS WHEREOF, the undersigned has executed this instrument this 2-5 day of Gee-k-v , 20 2..() OWNER(S) Dennis C. Mathis and Robin I. Mathis, Trustees or their Successors in Trust of the Mathis Living Trust dated September 24, 2005 By: -)( (Sign Here) Dennis C. Mathis, Trustee (Print Name and Title) Date: 9-2_5-- c By: (Sign H re) Robin I. Mathis, Trustee (Print Name and Title) Date: ZC ,7 o APPROVED AS TO FORM: CELIA BREWER City Attorney (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 QACED1LandDovlPROJECTS1MSlMS 14IMS 14-11 Mathis Levante Subdivision - Rick\ Bonds and Agreements\ DWG 498-1B Mathis Residence ParceL 3 SFD B&AlHOLD HARMLESS AGREEMENT DRAINAGE 2020.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public o r 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 ,514-1-3 Di On 642-512 .---2-'. before me fl U.V 8-6 c,, Date Here Insert Name and Title of the Officer personally appeared 3 1-141-15 r-m-r7--- i Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)1061e)subscrIbed to the within instrument and acknowledged to me that he/she/thffexecuted the same in his/heghelr authorized capacitypes)-(and that by his/her/their signature(s) on the Instrument the person(s), or th-e-entity upon behalf of which the person(s) acted, executed the instrument. a lllllllll 1111111111111 llllllllllllll Mit HUY HOANG LE - 2 COMM. #2214637 z - IcsQ.,..:y NOTARY PUBLIC - CALIFORNIA 1 '1,1... SAN DIEGO COUNTY . My Commission Expires 09/17/2021 X ri Place Notary Seal and/or Stamp Above 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 a d official seal. Signature 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: Numberof Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer - Title(s). O Partner - o Limited o General o Individual 0 Attorney In Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: o Corporate Officer - Title(s): O Partner - 0 Limited 0 General o individual 0 Attorney In Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: ©2019 National Notary Association 4 CIACEDIandDesAPROJECTSiMS'IMS 14IMS 14-11 Mathis Levante Subdivision - RiclaBonds and Agreements1DWG 498-18 Mathis Residence ParceL 3 SW Ii&AIHOLD HARMLESS AGREEMENT DRAINAGE 2020.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP 21392, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 16, 2016 AS DOCUMENT NO. 2016-7000398 OF MAPS. APN: 223-170-65-00