HomeMy WebLinkAboutMS 2024-0007; NOVAK, DOUGLAS E. AND DENISE M.; 2026-0060817; Hold Harmless Agreement/Release3/9/26, 9:00 AM
RECORD! NG 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
Batch 20742188 Confirmation
DOC# 2026-0060817
I llllll 1111111111111111111111111111111111111111111111111111111 IIIIIIII
Mar 05, 2026 08:55 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES:5
Recorded for the benefit
of a government agency
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 205-020-10-00 ------------PROJECT ID: MS 2024-0007
PROJECT NAME: Novak Property-Pine Ave
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 552-9A) for development to occur
on property more particularly described as (see attached, Exhibit "A"), I/We, Douglas E. Novak and Denise
M. Novak, Trustees ofThe Novak Family Trust dated September 14, 2006, 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
https://gs.secure-erds.com/Batch/Confirmation/207 42188 7/12
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 WITNESS WHEREOF, the undersigned has executed this instrument this ~ ~
F:~b~ , 20 ~ .
day of
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By : ----=c--------""~~--=--...:_~--'-------
c. Dalton Sorich
Assistant City Attorney
City of Carlsbad
Date: _?/'--1,~~-,.;z_G_
DOUGLAS E. NOVAK AND DENISE M. NOVAK, Trustees of The
Novak Family Trust dated September 14, 2006
By:
Douglas E. Novak -Trustee
(print name and title)
Date: Z /2h /zo2..h
By:
(sign here)
Denise M. Novak -Trustee
(print name and title)
Date: 1-/ 2b / 2-D 2.h
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 February 26, 2026 before me HELEN GALLAGHER, NOTARY PUBLIC '------------------(insert name and title of the officer)
personally appeared Douglas E. Novak and Denise M. Novak
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.
eeeeooeof
HELEN GALI.AGHEII
Notary Public • Californi• :
• San Diego County s:
Commission II 250730◄ -
y Comm. Exptr~ Dec 19, 2021
For APN/Parcel ID(s)~ 205-020-10-00
EXHIBIT "A"
Legal Description
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:
THE SOUTHEASTERLY 213 FEET OF LOT 12 IN SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD LANDS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1744. _FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923.
TOGETHER WITH THAT PORTION OF THE NORTHERLY 10 FEET OF PINE AVENUE AS VACATED, ADJOINING
SAID LOT 12 ON THE SOUTH.