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Home My WebLink AboutCD 2019-0016; St. Elizabeth Seton Catholic Church; 2023-0025055; 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# 2023-0025055 111111111111 lllll 11111 111111111111111 111111111111111111111111111111111 Jan 31, 2023 11 :24 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-330-0010 -----------PROJECT ID: CD 2019-0016 PROJECT NAME: St. Elizabeth Seton New Rectory HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 467-1 B) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, St. Elizabeth Seton Catholic Church, a California corporation, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Q:\CED\Admin\B&AIPROJECTS\CD 2019-0016; GR2021-0008-St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 2 Q:\CED\Admin\B&AIPROJECTS\CD 2019-0016; GR2021-0008-St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this / 371\. day of Oec.-~bt.r-,20 2-2--. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney RONKEM OWNER(S) St. Elizabeth Seton Catholic Church, a California corporation By: thA-~~ -"---------------------- Date: (Sign Here) Michael Robinson-Chairman (Print Name and Title) Jeffrey Nelson-Corporate Secretary (Print Name and Title) IZ .. IL/-;t.oz_:z_ By ~l C¥ Senior 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 O:ICED\Admin\B&A\PROJECTSICD 2019-0016; GR2021-0008-St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notaryl)ubllc or other officer compkltlng this certificate verifies only the Identity of the lndlvldu,al who signed the document to whkh·thls certificate ls attached, end not the truthfulness, accuracy, or validity of that document. State of California } County of 5 A-~ 0 ,' '12·,:f> On O e.~ bu-/31 ;t.o 1 Yefore me, lJ i l l t t{,t11_ M , ltf O Lc.H1. J NI) f A.-,/ '/ /J IA-,k, /, l,, Date _ 1 Here Insert Name and Title of the Officer personally appeared /L,t ~ t.J."-"-11.--1 flt? k,1 ·.,._~., "'- Name{s) of Slgner(s) who proved to me on the basis o'f satisfactory evidence to be the person(4ij whose neme'5j Is/-subscribed to the within Instrument end acknowledged to me that he/~ executed the saroe In hi~ authorized capeclty(le6), end that by hls/M9r/thelr ,lgnaturelel on the Instrument the person!el, or the entity upon behalf of which the person(s) acted, executed the Instrument. WILLIAM M. NOLAN COMM. #2409732 z Notary Public • California ~ San Diego County - Comm. Ex ires J 30 2026 Place Notary Seal and/or Slafr!p Above I certify under PENAL TY OF PERJURY under the laws of the State of Callfornlfl that the foregoing paragraph Is true and correct WITNESS my hand and offlclal seal. Slgnatur~ Signature of Notary Pub/le ,---------------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: ________________________ _ DocumentDate: ___________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(a) Signer's Name: __________ _ Signer's Name: __________ _ □ Corporate Officer -TIUo(s): ______ _ o Partner -□ Limited □ General □ Corporate Officer -Tltle(s): ______ _ a Partner -o Limited o General o Individual □ Attorney In Fact D lndtvtdual D AttQrr'ley In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: □ Other: Signer Is Representing: ________ _ SlgnEtl' Is Representing: ________ _ 0 2019 NatloMI Notary Association 4 Q:ICED\Admln\B&A\PROJECTSICD 2019-0016; GR2021-0008-St Elizabeth Seton Now Rectory\GRADING AND EROSION CONTROL BOND.docREV. 01/25/13 CALIFORNIA. ACKNOWLEDGMENT CIVIL CODE§ 1189 , ...... IP[IP[RWUrn••••r••--■-••• ■nm••·• - A notary public or other officer completing this certificate verifies only the identity of the lndillldual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of Callforn la } County of .S 0.. '1 D; (2... '"f e) on /Je~e.r /ti) W~vbefore me, W i I iJC(..IA,.t M. JV<) l~J t/b'M /J~t;l-- Dote .--. rl' Here Insert Name and Title of the Officer personally appeared J IQ.... 1T ( '-ij f\) U .SI L-t Name(s) of Slgner(s) who proved to me on thE! basis of satisfactory evidence to be the person~whose nam£¥l ls/-subscrlbed to the within Instrument and acknowledged to me that he/s~executed the same In his/~ authorized capaclty(le6). and that by hls/~slgnature!6j,-on the Instrument the person~. or the entity upon behalf of which the person'4,j acted, executed the Instrument. + WILLIAM M. NOLAN O ' COMM. #2409732 z Notary Public -California ~ San Diego County .... Comm. ires Jul 30, 2026 Place Notary Seo/ 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 and correct. WITNESS my hand and offlclal seal. Slgnature~A..t....__ 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 o/ Type of Document: __________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited o General □ Partner -□ Limited o General o Individual o Attorney In Fact □ Individual o Attorney In Fact □ Trustee o Guardian or Conservator □ Trustee D Guardian or Conservator □ Other: □ Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ <1;)2019 National Notary Association 4 Q:ICE01Adminl8&AIPROJECTSICD 2019-0016; GR2021-0008-St. Elizabeth Seton New Rectory\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01125/13 Exhibit "A" RECORDING REQUESTED BY, ) AND WHEN RECORDED, MAIL TO: ) Gordon Rees Scully Mansukhani, LLP ) Carol P. Schaner, Esq. ) 2211 Michelson Drive, Suite 400 ) Irvine, CA 92612 ) ) MAIL TAX STATEMENTS TO: ) Saint Elizabeth Seton Catholic Parish in ) Carlsbad, California RPSC ) 6628 Santa Isabel Street ) Carlsbad, CA 92009 ) DOC# 2019-0420373 1111111 UII 1111111111111 lllm 1111111111 UII rnn 11m 11111 I~ 1111 Sep 24, 2019 01 :24 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $92.00 (S82 Atklna: $75.00) PCOR:YES PAGES: 2 Space Above this Line for Recorder's Use Tax Parcel Number: 215-330-01-00 GRANT DEED Documentary Transfer Tax is $ O.OO*(No consideration) □ computed on full value of property conveyed, or □ computed on full value less value of liens and encumbrances remaining at time of sale. □ Unincorporated area 0 City of Carlsbad R & T § l 1923(a)(4): Conveyance -corporate reorganization *NOTE TO RECORDER-DO NOT RECORD UNLESS EXEMPT FROM DOCUMENTARY TRANSFER TAX. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE ("Gran tor"), hereby GRANTS to SAINT ELIZABETH SETON CATHOLIC PARISH IN CARLSBAD, CALIFORNIA REAL PROPERTY SUPPORT CORPORATION ("Grantee"), all right title and interest in and to the real property located in the County of San Diego, State of California, commonly known as 6628 Santa Isabel Street, Carlsbad, California 92009, and more particularly described as follows: Lot 412 of La Costa Meadows Unit No. 2, according to Map thereof No. 6905 filed in the office of the San Diego County Recorder on April 21, 1971. 1 Exhibit"A" ~ IN WITNES~ WHEREOF, the undersigned has executed this document this ;;_q day of tt~~r , 2019. THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE By:Q,w~ Most Rev. Robert W. McElroy Bishop of San Diego 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. STA TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On /r'tjvi.s'i d-1 , 2019, before me, W; i l •'o.-w.. M · /Jo C~otaryPublic, personally appeared Most Rev. Robert W. McElroy, who proved to me on the basis of satisfactory evidence to be the person~ whose narneEst-is/clf8--Subscribed to the within instrument and acknowledged to me that he/sae-executed the same in his/aer/their authorized capacityEtesi, and that by hislheF,'ta~it.signature~n the instrument the perso~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public (Seal) RCD/1142096/46578S50v.l 2