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HomeMy WebLinkAboutMS 2018-0002; Matsubara, Temujin and Summer; 2023-0000686; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2023-0000686 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Jan 03, 2023 12:54 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. 205-020-18-00 MS2018-0002 PROJECT NAME: Oak Avenue Minor Sub HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of Oak Avenue Minor Sub Subdivision No. MS2018-0002 for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, ll{We) Temujin S. Matsubara and Summer W. Matsubara, Husband and Wife as Joint Tenants, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. Ill Ill /II Ill Ill Ill Ill 1 Q:\CEO\LandDevlPROJECTSIMSIMS2018\MS2018-0002 Oak Avenue Parcel Map -Carrol~B & AIHOLD HARMLESS AGREEMENT PANHANDLE LOTS.docxRev 01125/13 This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this 3 0 day of NtJY£.~~~ , 20~. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By~~ ., QNKEMp Assistant City Attorney PROPERTY OWNERS Temujin S. Matsubara and Summer W. Matsubara, Husband and Wife as Joint Tenants By: Temujin S. Matsubara, as Joint Tenant (print name and title) Date: /(lj,o/~ { I By: &m..nz~ tu.~ (sign here) Summer W. Matsubara, as Joint Tenant (print name and title) Date: I( /Bo/zk=-- 1 I (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 2 Q·\CED\LandDev\PROJECTS\MS\MS2018\MS2018-0002 Oak Avenue Parcel Map· CarromB & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docxRev 01125113 Order Number: NHSC-5571044 (06) Page Number: 8 EXHJB IT 'A' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THAT PORTION OF TRACT 120 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID TRACT 120; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID TRACT, A DISTANCE OF 166. 75 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES SOUTHEASTERLY AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 221 FEET TO THE NORTHWEST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO HARRY C. FRANSE, ET UX, RECORDED APRIL 10, 1951 IN BOOK 4046, PAGE 113 OF OFFIOAL RECORDS; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID FRANSE LAND (BEING A LINE PARALLEL WITH AND DISTANT 221.0 FEET SOUTHEASTERLY MEASURED AT RIGHT ANGLES TO THE NORTHWESTERLY LINE OF SAID TRACT 120) A DISTANCE OF 100 FEET TO THE NORTHEAST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO VERNE F. COLLINS; THENCE NORTHWESTERLY ALONG SAID NORTHEAST LINE (SAID NORTHEAST LINE BEING PARALLEL WITH THE NORTHEAST LINE OF SAID TRACT 120) A DISTANCE OF 221 FEET TO THE NORTHWEST LINE OF SAID TRACT 120; THENCE NORTHEASTERLY ALONG SAID NORTHWEST LINE, A DISTANCE OF 100 FEET TO THE TRUE POINT OF BEGINNING. APN: 205-020-18-00 First American Title CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ooco 080:81):9 980:0CQ 000000 0:8 0:( C D E D D ICI e:11:11:80flll0008CB080000l0008~ti080000000000:I I o:o,aco@:oo@:(100 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. 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. eooooooe~ AMY WICl<ERHAM Notary Public • Catifor~i: San Diewo County ~ Commission:/ 2401138 - y Comm. Expires Apr 18. 2026 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. Place Notary Seal and/or Stamp Above s;gnat~. Signature of Notary Public 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: D Corporate Officer -Title(s):.~'-------- O Partner -□ Limited eneral D Individual D Attorney in Fact D Trustee □ Guardian or Conservator D Other: .,L--------------- Signer · Representing: _________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ 8111118801~11ououooo:o:oti:0000010 o:o:o 0:0:00:ouo:1 11 1~:0:0011:1111 i:o:c □ ~ 11:ioo o,m 1 1@ o ©2019 National Notary Association