HomeMy WebLinkAboutCDP 2024-0033; Yamanaka, Mark; 2026-0129733; Hold Harmless Agreement/Release5/7/26, 11:38AM
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY OF
CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad VIiiage Dr.
Carlsbad, CA 92008
Batch 21102979 Confirmation
DOC# 2026-0129733
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May 07, 2026 08:41 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. : 210-113-09-00
Recorded for the benefit
of a government agency
-------------PROJECT ID: CDP 2024-0033
PROJECT NAME: Yamanaka Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 553-5A) and improvement plan
(DWG 553-5) for development to occur on property more particularly described as (see attached, Exhibit
"A"), I/We, Mark Ko Yamanaka, an unmarried man, 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/21102979 7/10
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 ~ rn day of ~ V" t"""'i 20 /(_k, .
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By:_~c _DJ/: ............... .___,s:_~~-
c. Dalton Sorich
Assistant City Attorney
City of Carlsbad
Date: '//t/21716
By:
Date: ':> "Ai-
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 -~°?)_l_~~/_d-_o_c:}-_~ __ before me, _W_D_a_rl_in_g_, _No_t_a_ry_P_u_b_lic ______ _
(insert name\ and title of the officer)
personally appeared VV\ ~ \C.. Y C,. 1M a. \I\ °'-~ 0...
who proved to me on the basis of satisfactoryevidence 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.
Signature---~-----~------(Seal)
EXHIBIT A
LEGAL DESCRIPTION
LOT 155, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON
THAT CERTAIN MAP ENTITLED TERRAMAR UNIT NO. 5, WHICH MAP WAS FILED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 3371,
FILED ON FEBRUARY 10, 1956.