HomeMy WebLinkAboutMS 2022-0003; Dokhanchy, Mehrdad and Phaneuf, Patricia Lynn Trustees of The Dokhanchy-Phaneuf Family Trust dated December 8, 2005; 2023-0093824; 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# 2023-0093824
111111111111 lllll lllll 1111 111111111111111111111 1111111111111\\ IIII IIII
Apr 11, 2023 10:01 AM
OFFICIAL RECORDS
,JORDAN Z. MARl<S,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (S82 Atkins. $0 00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 205-191-14-00 -----------PROJECT ID: MS 2022-0003
PROJECT NAME: _1_0_9_8_M_a_.g.._n_o_lia _____ _
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 535-6A) and
improvement plan (OWG 535-6A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, Mehrdad Dokhanchy and Patricia Lynn Phaneuf,
Trustees of The Dokhanchy-Phaneuf Family Trust dated December 8, 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
1
Q:ICED\Admin\B&A\PROJECTSIMS 2022-0003: GR2021-0047 -1098 Magnolla_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
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.
Ill
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&AIPROJECTSIMS 2022-0003; GR2021-0047 -1098 Magnolia_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
7il IN WITNESS WHEREOF, the undersigned has executed this instrument this ..ti day of
>!A,c.ea-, 201l_.
OWNER(S)
Mehrdad Dokhanchy and Patricia Lynn Phaneuf, Trustees
of The Dokhanchy-Phaneuf Family Trust dated December 8,
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
2005
By:
Date:
Date:
By:
RON KEMP
Senior Assistant City Attorney
City of Carlsbad
P-1:ri.----.............
(Sign Here)
Mehrdad Dokhanchy -Trustee
Patricia Phaneuf -Trustee
(Print Name and Title)
:;lzi {202..3
(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:\CEO\Admin\B&AIPROJECTSIMS 2022-0003; GR2021-0047 -1098 Magnolia_N.F\HOLO HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
EXHIBIT"A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
The Northeasterly 133.0 feet of Lot 15 in Book "B" of The Resubdivlsion of a portion of Alles Avocado Acres, in the City of
Carlsbad, County of San Diego, State of California, as per Map thereof No. 2027 on rue in the Office of the Recorder of San
Diego County.
APN: 205-191-14-00
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ... ZAAA&Ai
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.
County of~~
State of California r~ }
On (\l'O.'(Cbj before me,
personally appeared
Date
f\l\e\:\vOJ\:O D
Qo.¼c,~ Qrone\J-f
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
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 and correct.
WITNESS my hand and official seal.
' Slgaaw .. ~ --.
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 f\
Title or Type of Document: ~\C,\ -\Q (ffi \es_s ~ (et:mC()f U@ffitJi e
DocumentDate:_~ ___________________ f\Jumberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) c~~~e,? b f'PViiW>nChY, ar-cl Signer's Name: ~Q-~ Signer's Name: ___________ _
□ Corporate Officer -Tit e(s): _______ □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ limited □ General □ Partner -□ Limited □ General
I ndividual □ Attorney In Fact □ Individual □ Attorney In Fact
Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
Other: _______________ □ Other: ______________ _
Signer Is Representing:__________ Signer Is Representing: _________ _
e 2019 National Notary Association
4
Q:\CED\Admin\B&A\PROJECTSIMS 2022-0003; GR2021-0047 -1098 Magnolia_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
----,