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Home My WebLink AboutPD 2019-0037; Schropp, James W. and Carolyn M.; 2022-0193705; Hold Harmless Agreement/Release• RECORDING IS REQUESTED . FOR THE BENEFIT OF THE CllY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad,CA 92008 DOC# 2022-0193705 l llllll lllll lllll lllll llll llllll lllll lllll lllll lllll lllll lllll llll \111 May 04, 2022 12:04 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _21_5_-6_1_0-....;2_0-_0_0 ____ _ PROJECT ID: __;_P.;c..O=20;;...;1..;..9...;;-0..;..03.;;..;7 _____ _ PROJECT NAME: ---::cC;...;A;_;,N;..;;HA;..;;M~R=E=S=ID=E:.:..N=C;.::E;__ __ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 521-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, James W. Schropp and Carolyn M. Schropp, Trustees of the CMJW Trust Dated 2/13/92, 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 Q:\CEDll.andOev\PROJECTS\PDIPO 2019\P02019-0037 Canham Residence· Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 j 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 O:\CEO\LandDeYIPROJECTS\PDIPD 2019\PD2019-0037 Canham Residence · Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNESS WHqREOF, the undersigned has executed this instrument this ~rfi-day of a c... f:oJ'.>g rL-, 20 -:z... I . APPROVED AS TO FORM: CELIA BREWER City Attorney By: _!41,.W:\)£~--"'J...;::__n_~)~ L?- ?YoNKEMP ~ Assistant City Attorney City of Carlsbad OWNER(S) James W. Schropp and Carolyn M. Schropp, Trustees of the CMJW Trust Dated 2/13/92 James W. Schropp, Trustee (Print Name and Title) Date ~D, ~~ By: c_J A AA J. 1'>.. A e Tn,&.s:h-~ I (Sign Here) 7 f ' Date: Carolyn M. Schropp, Trustee (Print Name and Title) ID I~-'2-:' (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 Q:\CED\LandDevlPROJECTS\POIPO 2019\PD2019-0037 Canham Residence -Chua\B&A\HOLD HARMLESS AGREEMENT DRAJNAGEdoc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onl'j the identityofthe individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. who proved to me on the ba Is of satlsfacto evidence to pers n ) whose name(s) ls/are subscribed to the within Instrument and cknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(tes), and that by his/her/their stgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. KARIN LYON GRAFF Comm. # 2297117 Notary Public· California San Diego County Comm Expires Aug. 11, 2023 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true =~..,,.,,..,.1--_ OPTIONAL Completing this information can deter alteration of the doc ent or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited D General o Partner -o Limited o General o lndlvldual □ Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator □ Trustee o Guardian or Conservator o Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer ts Representing: ________ _ e 2019 National Notary Association 4 Q:\CED\LandOev\PROJECTS\PDIPO 2019\PD2019-0037 Canham Residence· Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 • EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Real property In the City of Carlsbad, County of San Diego, state of callfornla, described as follows: LOT 252 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1-UNIT "0", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL Oil, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTI-IER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM ANO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY TOGETHER WITH THE PERPE11JAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL ANO MINE FROM LANDS OTHER TI-IAN THE PROPERTY OIL AND GAS WELLS, TUNNELS ANO SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. Grant Deed GRANTOEE (OSI Rav. 03/16/21) Page3 Last Saved: 4/212021 3:38 PM byCM9 Escrow No.: 00800735-017-JSL