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Home My WebLink AboutPD 2018-0027; Gee, Charles and Dee Ann; 2020-0685816; Hold Harmless Agreement/ReleaseDOC# 2020-0685816 11111114111111111111111111111111111111111111111111111111111111 Nov 04, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., 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.: 207-063-24-00 PROJECT ID: PD2018-0027 PROJECT NAME: Gee Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 520-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Charles P. Gee and Dee Ann Gee, trustees, under The Charles P. and Dee Ann Gee Family Trust dated October 17, 1998, 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. ()ACED\ LandDev\ PROJECTS \PD\PD 2018 \PD2018-0027 3800 Alder Ave Dedication- Glassen \Bonds and Agreements \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 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. III III III III Ill ()ACED \ LandDev\ PROJECTS \PD \PD 2018 \PD2018-0027 3800 Alder Ave Dedication- Glassen\Bonds and Agreements \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this )'-31-day of , 20 le) OWNER(S) Charles P. Gee and Dee Ann Gee, trustees, under The Charles P. and Dee An Gee Family Trust dated October 17, 1998 By: 7-4-1,L5/ (Sign Her) Charles P. Gee, Trustee (Print Name and Title) Date: 1,702,0 By: /&_ (Sign Here) Dee Ann Gee, Trustee (Print Name and Title) Date: (lc& ?)i 10 Z.,0 APPROVED AS TO FORM: CELIA BREWER City Attorney By: )0i( RON KEMP Assistant City Attorney City of Carlsbad (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 \LandDev \ PROJECTS \PD PD 2018\ PD2018-0027 3800 Alder Ave Dedication- GlassentElonds and Agreements\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 WITNESS my hand and official seal. Signature Signature of Notary Public CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Aricaramen A notary public o r other officer completing this certificate verifies only the identity of the individ ual who sig ned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sctn e 7Ltvciai-ct6:::b werk i Notvj I c On 51 31 2-13 before me Date Here Insert Name and Title of the Officer personally appeared COCIV ti e GleE, De ?eh Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to bet rson(s) whose name(s) Isfubscribed to the within Instrument and acknowledged to,..%e that he/shi ecuted the same in his/her authorized cepa-y(1es), and that by his/het-libel? signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ZARA CARDOSO BARRERA Notary Public - California • San Diego County Commission It 2282151 My Comm. Expires Mar 21. 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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: DocumentDate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name' 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney In Fact o Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing. Signer's Name: 0 Corporate Officer — Title(s): O Partner— 0 Limited 0 General O Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator Other: Signer is Representing: 02019 National Notary Association 4 \CED\ LandDev \PROJECTS \ PD \ PD 2018 \PD2018-0027 3800 Alder Ave Dedication- Giessen\ Bonds and Agreements \HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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: LOT 9 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. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED AUGUST 14, 1969, AS FILE NO. 148705 OF OFFICIAL RECORDS.