HomeMy WebLinkAboutCDP 02-24; Marshall, Michael W.; 2022-0220828; Hold Harmless Agreement/Release.6f
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Cartsbad,CA 92008
DOC# 2022-0220828
111111111111 lllll 11111 11111111111111111111111111111111111 111111111 1111
May 24, 2022 09:32 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.: 206-192-38-00 _.:;;;~..:.=:....;;.;;~;..._-----PROJECT ID: __;:;C;,;:;D..:...P-'0;,;:;2...;;-2:;,..;4 ______ _
PROJECT NAME: St. Clair Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 412-28) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, MICHAEL W. MARSHALL, Trustee of the Michael W. Marshall, 0.0.S., Inc. 401 (K) Profit
Sharing Plan, 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.
1
Q:\CEO\landOev\PROJECTS\COP\COP 02\COP 02-24 SI. Claire Residence· Rick\Bonds and Agreaments\B&A OWG 412·2B • Riok\HOLO HARMLESS AGREEMENT
DRAINAGE.doc 01125113
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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
2
Q:ICEDll.andOev\PROJECTS\COPICOP 02\COP 02-24 St. Claire Resldenoe • Rlck\Bonds and Agreements\B&A r1NG 412-2B • Rlclc\HOLO HARMLESS AGREEMENT
DRAINAGE.doc 01/25113
IN WITNESS WHEREOF, the undersigned has executed this instrument this ZY 7H day of
1'14'f1C-C:H ,20 Zc.. .
APPROVED AS TO FORM:
CELIA BREVVER
City Attorney
By ~~
Assistant City Attorney
City of Carlsbad
OWNER($)
MICHAEL W. MARSHALL, Trustee of the Michael W. ::~h~S7~
✓-~~(~
Date:
MICHAEL W. MARSHALL, Trustee
(Print Name and Title)
By: ---------------------(Sign Here)
(Print Name and Title)
Date:
(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:\CEDll.andDev\PROJECTSICOP\CDP 02\CDP 02-2◄ St. Claire Residence· Rlck\Bonds and Agreements\B&A DIM3 ◄12-2B • Rlcl<IHOLD HARMLESS AGREEMENT
DRAINAGE.doc 01/25/13
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A nolilry pubficorother officer completing this certificate verifies only the identity of the individual who signed the document
to which this certi"icate is attached, and not the truthfulness, accuracy, or vartdity of that document
State of Callfomla
County of ().en ~
0n 3 --:LY -1-02.-1c
Dale
Name{s) of Signcr(s)
who proved to me on the basts of satisfactory evidence to be the person(s) whose name{sµs/are-subscrlbed
to the within Instrument and acknowledged to me that he/shG.Ahey executed the same In hl~lr
authorized capaclly(las), and that by h~lr slgnature(s) on the Instrument the person(sr,or the entity
upon behalf of which the persoo(et-acted, executed the Instrument.
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of Callfornla that the foregoing
paragraph Is true and correct
WITNESS my hand a
OPTIONAL
Completing this information can deter alteration of the document or
froudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document ________________________ _
DocumentDate: ___________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: _____________________ _
Capadty(les) Claimed by Slgner(s)
Signer's Name: __________ _
a Corporate Officer -Tltle{s): ______ _
Signer's Name: __________ _
□ Corporate Officer -Tltle(s~ _____ _
a Partner -a Limited a General □ Partner -a Limited a General
a Individual a Attorney In Fact
a Trustee □ Guardian or Conservator
a lndvldual O Attorney In Fact
a Trustee □ Guardian or Conservator
a Other: □ Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
02019 National Notary Association
4
Q:ICED\landOev\PROJECTSICDPICOP 02\COP 02-24 St. Claire Residence· Rlck\Bonds and Agreements\B&A D'M3 412-2B • Ricl<IHOLD HARMLESS AGREEMENT
DRAINAGE.doc 01/25113
LEGAL DESCRIPTION
Order Nt..mber: DIV-6703191
Page Number: 6
Real property in the Qty of car1sbad, County of San Diego, State of califomia, described as follows:
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10178 IN THE OTY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CAUFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 1980 AS FILE NO. 80-204290 OF OFFICIAL RECORDS, AS DESCRIBED IN
CERTIFICATE OF COMPUANCE RECORDED FEBRUARY 1, 1988 AS FILE NO. 88-046387 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 10178;
THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 SOUTH 73°23'33" WEST, 300.00 FEET; THENCE
SOUTH 65°29'54" EAST, 390.79 FEET TO A POINT ON THE WESTERLY RIGITT OF WAY OF ADAMS
STREET; THENCE ALONG SAID WESTERLY RIGITT-OF-WAY LINE, NORTH 24°17'08" EAST, 20.00 FEET;
THENCE LEAVING SAID RIGITT-OF-WAY LINE, NORTH 65°29'54" WEST, 120.45 FEET; THENCE LEAVING
SAID BOUNDARY OF SAID PARCEL 1, NORTH 20°30'07" WEST, 32.49 FEET; THENCE NORTH 24°29'41"
EAST, 50.68 FEET; THENCE NORTH 11°58'08" WEST, 35.74 FEET; THENCE NORTH 24°29'41" EAST,
74.87 FEET TO THE POINT OF BEGINNING.
APN: 206-192-38-00
Rrst American Tlfle
Page 6of 15