HomeMy WebLinkAboutPD 2020-0050; Colinas De Oro Community Association; 2021-0612420; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Cler,k
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad.CA 92008
DOC# 2021-0612420
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Aug 27, 2021 04:52 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LIINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: --=2:.:;5.::...5--'-1=52=--=02=--------
PROJECT ID: _P_D_2_0_20_-0_0c...c5....:...0 _____ _
PROJECT NAME: Colinas De Oro Slope Repair
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 528-3A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), Colinas de Oro
Community Association , a Non-Profit Mutual Benefit Corporation, the applicant for the project
and the party with the legal obligation to maintain the drainage system, promise to indemnify
and to hold the City of Carlsbad, its officers, agents and employees harmless from liabllity 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.
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It is further agreed that the above applicant(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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this t/..£ day of
______ !:\:::>,..---.._/ .::.11,lla:,.:~+----' 20 a I .
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: ~MPClef:
Assistant City Attorney
City of Carlsbad
APPLICANT
Colinas de Oro Community Association, a Non-Profit Mutual
Benefit Corporation
Justin Gamble President
(Print Name and Title)
Date:
Mario DeAngelis, Secretary
(Print Name and Title)
Date: 1 Ji-if-i,
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notmy ptiblicorotherofflcercompleting this ce11ificnte verifies only thll idantttyof the indivlduill who signed the document
to which t11is certificate is attached, and not the truthfulness, occur.icy, or v.iHdity of thO'! document.
who p1ovod to mo on the basis of satisfactory evidence to be the porson(s) whoso namc(s) ls/are subscribed
to the wlt11ln lnstrume11t nnd acknowledged to me th.nt he/she/they executed the s,,me In hls/he1/thelr
<1uthorlzed c11pAcltY(les). nnd that by his/her/their slgnature(s) on the Instrument the person(s). or the on11ty
upon behalf of which the person(s) acted, executed the Instrument.
Ploc:c Notary Seo/ ondlor Stamp Above
I certify under PENAL TY OF PERJURY undor the
11:1ws or the State of California that tho foregoing
paragraph Is true ond coirect.
WITNESS n,y hand and offlcl,il Soni.
Signature YY\
OPTIONAL
Completing this information c-on deter alteration of the document or
frouclulont reattachment of this form to an (111/ntondecl document.
Description of Attached Document
Title or Type of Document:--~------------------------
DocumentDt1tc: ____________________ Numboror Pages: ___ _
Slgner(s) Other Thon Nomod Above: ______________________ _
Capaclty(los) Claimed by Slgnor(s)
s191,cr·s Name: ___________ _
o Corporate orricor -Tltlc(s): ______ _
□ Partner -□ Llmltl?d a Gencrnl
S1gne1's Nome: ___________ _
o Corporate Officer -Tltlc(s): ______ _
a Po1tncr -a Limited a Genernl
□ Individual a Attorney In Fact
□ T1ustco a G1.1ardla11 or Conscrv11tor
□ lndlvlduol □ Atto1ney 1n Foci o Trustee □ Guardian or Conservator
a Other: a Othc1:
Signor Is Representing: ________ _ Signer Is Raprosontlng: ________ _
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()2019 N11tlonel Notery AssOCllltiM
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01/25/13
Exhibit "A"
Legal Description
LOT 7, OF CARLSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I 0898,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL
JO, 1984.
THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND
RESTRICTIONS SET FORTH IN THE DECLARATION OF RESTRICTIONS RECORDED
JUNE I .S, 1984, AS PILE NO. 84-226377 OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, AND ANY
AMENDMENTS THERETO NOW OF RECORD, ALL OF WHICH ARB JNCORPORA TED
HEREIN BY REFERENCE TO SAID DECLARATION WITH THE SAME EFFECT AS
THOUGH FULLY SET FORTH HEREIN.
A.P.N. 255-152-02-00