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HomeMy WebLinkAboutPD 2023-0029; The Zavalani Family Trust - Rudy and Cheryl Zavalani, Trustees; 2025-0342660; 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# 2025-0342660 111111111111 lllll lllll ll/1111111 lllll lllll lllll lllll lllll lllll ll/11111 Dec 04, 2025 10:46 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $O.OO (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-173-09-00 ---------------PROJECT ID: PD 2023-0029 PROJECT NAME: Zavalani Single Story Addition and ADU HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 545-6A) and improvement plan (DWG 545-6) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Rudy Zavalani and Cheryl Zavalani, Trustees ofThe Zavalani Family Trust dated March 18, 2015, purportedly acquired an estate or interest in the Land pursuant to a "Grant Deed" recorded May 17, 2022, 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 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. IN l,,'l{ITf'JESS WHEREOF, the undersigned has executed this instrument this NOVCU'Y'-.t?u( ,20 9--€' . { '--f ~ayof Date: RUDY ZAVALANI AND CHERYL ZAVALANI, Trustees ofThe Zavalani Family Trust dated March 18, 2015 purportedly acquired estate or interest in the Land pursuant to a "Grant Deed" recorded May 17, 2022 ct~ -T n...,,,+,._e. sign here) Rudy Zavalani -Trustee (print name and title) N lu. fl; ()\/ . \ By:~-, -= /sign he e) (print name and title) Date: Nov. (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.) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: C. Dalton Sorich Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r,_ 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 _R_iv_e_r_si_d_e ________ _ On November 14, 2025 before me, Vanessa Card, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rudy Zavalani and Cheryl Zavalani Name(s) of Signer(s) 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. VANESSA CARD Notary Public -California Riverside Co(l_nty Commission# 2489473 My Comm. Expires May 22, 2028 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of C • ·a that the foregoing paragraph I seal. ----------------OPTIONAL---------------- Though this section is 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: Hold Harmless Agreement Drainage Document Date: _1_1_/1_4_/2_0_2_5 ___ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _R_u_d~y_Z_a_v_a_la_n_i ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact It Trustee □ Guardian or Conservator □Other: _____________ _ Signer Is Representing: The Zavalani Family Trust dated March 18, 2015 Signer's Name: Cheryl Zavalani C Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General C Individual □ Attorney in Fact rt Trustee □ Guardian or Conservator n Other: ____________ _ Signer Is Representing: The Zavalani Family Trust dated March 18 2015 ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: FRACTIONAL LOTS 14, 15 AND 16 IN FRACTIONAL BLOCK NO. 93, IN THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, AS AMENDED BY MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING ALL OF SAID BLOCK 93 LYING SOUTHWESTERLY OF THE ALLEY IN SAID BLOCK AS SHOWN ON SAID MAP. ALSO THE SOUTHWESTERLY HALF OF THE ALLEY IN SAID BLOCK ADJOINING SAID LOTS ON THE NORTHEAST, CLOSED TO PUBLIC USE AND VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY ON MAY 4, 1925. ALSO THE SOUTHEASTERLY HALF OF THOSE PORTIONS OF CYPRESS AVENUE AS SHOWN ON SAID MAP, CLOSED TO PUBLIC USE AND VACATED BY RESOLUTIONS OF SAID BOARD OF SUPERVISORS ON MAY 4, 1925, AND AUGUST 26, 1946, ADJOINING THE HEREINBEFORE DESCRIBED PROPERTY ON THE NORTHWEST, AND LYING SOUTHWESTERLY OF THE NORTHWESTERLY PROLONGATION OF THE CENTER LINE OF SAID VACATED ALLEY. APN : 204-173-09-00