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HomeMy WebLinkAboutPD 2023-0034; Guinn, Richard L. and Guinn, Jill S.; 2025-0223736; 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# 2025-0223736 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Aug 14, 2025 10:36 AM 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. : 223-260-09-00 -------------PROJECT ID: PD 2023-0034 PROJECT NAME: 7500 Cadencia Street HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 545-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Richard L. Guinn and Jill S. Guinn, husband and wife as community property with right of survivorship, 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:ICED\Admin\B&AIPROJECTS\PD 2023-0034; GR2023-0041 • 7500 Cadencia ADU_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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:ICED\Admin\B&AIPROJECTS\PD 2023-0034; GR2023-0041 -7500 Cadencia ADU D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13- IN WITNESS WHEREOF, the undersigned has executed this instrument this ---=<Z'---day of Mo."'( , 20_2._5 __ _ OWNER(S) RICHARD L. GUINN AND JILL S. GUINN, husband and wife as APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By:C~~ 4 r;-,'/ri,7 City Attorney City of Carlsbad By : Date: By: Date: Richard L. Guinn -Husband (Print Name and Title) 202.5 -SCo qo (Sign Here) _, Jill S. Guinn -Wife (Print Name and Title) (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\Admin\B&A\PROJECTS\PD 2023-0034; GR2023-0041 -7500 Cadencia ADU D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13- . ' CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ...... ■ A notary public or other officer completing this certificate verifies only the identtty 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 5~'S)\(,c_)'C On ~~ KI J~ before me, -----1'=------>!-~"'-------'--4--""'='-'~~~4-l--'---'---=-=-~P~ b \IC J Date Here Insert Name personally appeared -~D-::l---__....,_e GV\=--'-"-·u:z~ .... J"-"'L~G=·~1._\...=·...,,~h_.___,~c.....,_ _____________ _ n~ SL,v.:..,,½""' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s/are subscribed to the within Instrument and acknowledged to me that .he{sl:le/they executed the same In hlsther/thelr 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. r············ .. ····················••,vvwvy,.. ...... "9: ·a·KiRSfEN"BORGou1sT 1 N .• . • COMM. #2516421 -1 !; NOTARY PUBLIC • CALIFORNIA i ~ . SAN DIEGO COUNTY .,.. l Commission Expns Apr. 05, 2029 j · .•.• .. wA• ..... .,. .......... -.-.•.•Jt•••••-.•••••••,.••,.••••,1111 .............................................. v.,_ I certify under PENAL TY OF PERJURY under the laws of the State of California that th e foregoing paragraph Is true and correct. WITNESS my hand and offlclal seal. Place Notary Seal and/or Stamp Above Signature ~ ~(x~~ Signature of NotaPubl/c OPTIONAL Completing this information con deter CJ Iteration of the document or fmuc/ulent reottachment of this form to an unintenc/ec/ document. Description of Attached Document Title or Type of Document: __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partn er -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\Admin\B&AIPROJECTS\PD 2023-0034; GR2023-0041 -7500 Cadencia ADU D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13- EXHIBIT "A" LOT 485 OF CARLSBAD TRACT 72-20 LA COSTA VALE, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCT DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OF ANY OTHER LAND, INCLUDING THE RIGHT OF WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM OF SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS, AND SHAHS UNDER AND BENEATH OF BEYOND OR THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE, AS RESERVED IN THE DEED FROM DAON CORPORATION, A DELAWARE CORPORATION RECORDED JANUARY 20, 1982 AS FILE NO. 82-016443 OF OFFICIAL RECORDS. APN: 223-260-09-00 3