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Home My WebLink AboutPD 2022-0001; Isbell, Scott and April; 2022-0324472; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2022-03244 72 11m111111 1111111111111111111111111 111111111111111 111111111111111111 Aug 10, 2022 03:19 PM OFFICIAL RECORDS Ernest J. Dronen burg, 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.: ____;;;;2...;..15;:_-..;...39;._;;0-_;3;_;;5_;-0;..::0 ____ _ PROJECT ID: PD2022-0001 ---'--==;...:;..;;...;...;... ____ _ PROJECT NAME: _.;_;IS=B=E=L=L .;...;R=ES=l=D-=E:.:....::N....;;;.C=E __ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 536-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, SCOTT ISBELL AND APRIL ISBELL, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, 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. I/ 3 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 Ill IN WITNESS WHEREOF, the undersigned has executed this instrument this It~ day of :[111,,y , 20 1-,'l--. APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~(} 1 ~ ~i<EMrf> Assistant City Attorney City of Carlsbad OWNER(S) SCOTT ISBELL AND APRIL ISBELL, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP By u 0 -----"-~~(=-:-Sig.-n ~H~"""-:re)--"c----- OTT ISBELL, OWNER e and Title) Date: APRIL ISBELL OWNER 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.) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whlch this certificate is attached, and not the truthfulness, accuracy, or vallcfrty of that document. State of Callfornla } County of 5tlM /J : ~ 0 , J /1, I) / l On :r:""''1 /) )p))_ before me, :Twl;e. v; Y , IJ.-1-11,,.,., 11wh ,cl.: oa're ff-_,-b Here Insert Name and Title of the Officer personally appeared Sc tJ -I--:> e Jr tiM:e/ hr: I -:z:_-c;; be ti Name~ign~·-----who proved to me on the basis of satisfactory evidence to be ~rson(s) whose name(s) !sf@ subscribed to the within Instrument and acknowledged to me that-ll'e1Sh~xecuted the same In ~~ authorized capaclty(les), and that by l'TIS1tm~slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) 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. OPTIONAL Completing this Information con deter alteration of the docvment or fravdulent reattachment of th'b_form to an unintended docu]ee Description of Attached O0C1J'f1eyt JI /l u,...~e I JI~ ?'lo .,-0 0 Title or Type of Document J'tctl'ef /TIM!tH It!:$ S ¾fee me. f)l"Q.•,hCU, ~ DocumentDate: J wl'4 / ~, --,o JJ--Number of Pages: ___ _ Slgner(s) Other Than Named Above: -~~-(-~~f\ __ ~I(-~~ ... (~> ___________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ o Corporate Officer -TltJe(s): ______ _ o Partner -o limited o Gener Signer's Name: --------===----□ Corporate Officer -Tltle(~s1,;,,: ~=------- □ Partner -□ Llmlte neral o lndlVldual rney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Truste □ Guardian or Conservator □ Other: _,,,:__ ___________ _ 00 Signer Is RepresentJng: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association For APN/Parcel ID(s): 215-390-35-00 EXHIBIT "A" Legal Description Lot 579 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 7076, on file in the Office of the San Diego County Recorder, together with that portion of the Southerly one-half of Section 19, Township 12 South, Range 3 West, San Bernardino Meridian, as shown on Record of Survey 9112 on file in the Office of the of San Diego County Recorder, more particularly described as follows: Beginning at the Southwest corner of Lot 579 as shown on Map No 7076 on file in the Office of the San Diego County Recorder, County of San Diego, State of California; thence along the Westerly line thereof North 06° 07' 41" West (North 06° 07' 50" West per record) 152.26 feet to the Northwest comer of said Lot 579; thence North 83° 12' 05" East 60.99 feet; thence North 87° 42' 44" East 35.00 feet to the prolongation of the Easterly line of said Lot 579; thence along the prolongation of the Easterly line and the Easterly line of said Lot 579 South 03° 16' 59" West (South 03° 16' 50" West per record) 158.52 feet to the Southeast corner of said Lot 579 and the beginning of a non-tangent 428.00 foot radius curve concave Southerly, to which a radial line bears North 03° 16' 59" East (North 03° 16' 50" East per record); thence Westerly along the arc of said curve and the Southerly line of said Lot 579 through a centra! angle of 09° 24' 40" a distance of 70.30 feet to the point of beginning. Said description is pursuant to Parcel A of that certain Certificate of Compliance for Adjustment Plat recorded May 19,1997, as Instrument No. 1997-0230625, of Official Records.