HomeMy WebLinkAboutCDP 2023-0040; Rosenhan, Cameron B. and Rosenhan, Shannon C.; 2025-0092469; Hold Harmless Agreement/ReleaseQ
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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
DOC# 2025-0092469
111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII
Apr 10, 2025 12:05 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
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. : 207-072-21-00 --------------PROJECT ID: CDP 2023-0040
PROJECT NAME: 4080 Sunnyhill Drive
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 549-2A) and improvement plan
(DWG 549-2A) for development to occur on property more particularly described as (see attached,
Exhibit "A"), I/We, Cameron B. Rosenhan and Shannon C. Rosenhan, Co-trustees of The CSR Living Trust,
U/a Dated September 6, 2023, 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.
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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.
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IN WIT~\/l{HEREOF, the undersigned has ex,e_cuted this instrument this ~(d, day of
~\L , 20 d::~ .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
OWNER(S)
CAMERON B. ROSENHAN AND SHANNON C. ROSEN HAN, as Co-
trustees ofThe CSR Living Trust, U/a Dated September 6, 2023
By:
(Sign Here)
Cameron B. Rosenhan -Co-trustee
Date:
By:
(Print Name and Title)
~ (Sign Here)
Shannon C. Rosenhan -Co-trustee
Date:
(Print Name and Title)
'f(~l ;}-1
By: ~ /L · 11-f vfLf ,th1fv
City Attorney
City of Carlsbad
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chairman, president or vice-preside,nt 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.)
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01/25/13
ACKNOWLEDGMENT
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.
State of California
County of San Diego
on April 3rd, 2025 before me Amy Lindsey, Notary Public '-------------------(insert name and title of the officer)
personally appeared _C_a_m_e_ro_n_B_. _R_o_s_en_h_a_n_a_n_d_S_h_a_n_n_o_n_C_._R_o_s_e_n_h_a_n _______ _
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.
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.
i e --•""'· AMY LINDSEY f a: < , • Commission No. 2371264 )> ~ • • NOTARY PUBLIC-CALIFORNIA ~
• . . SAN DIEGO COUNTY ~ • Commissio~ Expires August 18, 2025 ~
Signature ~~ (Seal)
EXHIBIT 'A'
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:
ALL THAT PORTION OF LOT 33 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO . 2647, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 33, BEING LAND DESCRIBED IN
DEED TO FEHCO, LLC, CALIFORNIA LIMITED LIABILITY COMPANY RECORDED AS DOCUMENT
NO . 2021-0593473 OF OFFICIAL RECORDS;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 33 AND FEHCO, LLC LAND, SOUTH
78°23'53" WEST 84.80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID NORTHERLY LINE OF LOT 33, SOUTH 08°49'00" EAST 89.94 FEET TO A
POINT IN THE SOUTHERLY LINE OF SAID FEHCO, LLC LAND;
THENCE , ALONG THE SOUTHERLY LINE OF SAID FEHCO, LLC LAND, SOUTH 75°33'32" WEST
156.52 FEET TO A POINT IN THE WES,TERL Y LINE OF SAID LOT 33, SAID POINT BEING THE
SOUTHWESTERLY CORNER OF SAID FEHCO, LLC LAND, ALSO BEING IN THE EASTERLY LINE
OF SUNNYHILL DRIVE, ALSO ON THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 1,970.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75°33'32" WEST;
THENCE, LEAVING SOUTHERLY LINE OF SAID FEHCO, LLC LAND, NORTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 33 AND FEHCO, LLC LAND, ALONG THE ARC OF SAID CURVE A
DISTANCE OF 97.63 FEET THROUGH A CENTRAL ANGLE OF 2°50'21" TO THE NORTHWESTERLY
CORNER OF SAID LOT 33;
THENCE, LEAVING WESTERLY LINE OF SAID LOT 33, ALONG THE NORTHERLY LINE OF SAID
LOT 33, NORTH 78°23'53" EAST 163.12 FEET TO THE TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 15, 2022, AS INSTRUMENT NO. 2022-366010 OF OFFICIAL
RECORDS.
APN 207-072-21-00