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HomeMy WebLinkAboutCDP 2022-0019; Hom, Robert & Elizabeth; 2023-0285587; 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# 2023-0285587 111111111111 lllll 11111 1111111111 lllll lllll lllll lllll lllll 11111 11111111 Oct 19, 2023 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _2--'0...c.8_-1...;..8_0-_27_--'-00-'-------- PROJECT ID: CDP 2022-0019 PROJECT NAME: Hom Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 543-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Robert Hom and Elizabeth Hom, husband and wife as community property With Right 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. 1 Q:\CED\Admin\B&AIPROJECTSICDP 2022-0019: GR2023-0030 -Horn Residence A.McLIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 2 Q:ICED\Admln\B&AIPROJECTS\CDP 2022-0019; GR2023-0030 -Hom Residence A Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this ~~ay of Seo-A ~J>:fi(20.23 4 APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By W KJ MP Or OWNER(S) Robert Hom and Elizabeth Hom, husband and wife as community property With Right with right of survivorship By: _v/JJJ-_L___,c.__:______ __ (Sign Here) Robert Hom -Husband (Print Name and Title) Date: 11~~3 By: -----~~:::;.4U~J~/=======---------6 sVnHere) ~ Elizabeth Hom -Wife (Print Name and Title) Date: "'1/z~/23 Senior 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 O:ICED\Admin\B&AIPROJECTSICDP 2022-0019: GR2023-0030 -Horn Resldenoe A.Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 PARCEL 1: EXHIBIT "A" Legal Description LOT 68 OF CARLSBAD TRACT N 97-16A, KELLY RANCH CORE ACCORDING TO MAP THEREOF NO.14340, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON FEBRUARY 1, 2002; PARCEL 2: A NON-EXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE DECLARATION (DEFINED BELOW) FOR USE, OCCUPANCY AND ENJOYMENT OF, AND INGRESS AND EGRESS TO, THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION, THIS EASEMENT IS' APPURTENANT TO PARCEL 1 ABOVE DESCRIBED AND SHALL BECOME EFFECTIVE AS TO EACH LOT WITHIN THE COMMON AREA UPON THE LATER TO OCCUR OF (I) THE RECORDATION OF THIS DEED, OR (II) THE CONVEYANCE OF RECORD. APN/Parcel ID(s): 208-180-27-00 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 CSJU!IH"!M e ·r· .... .,. ........ ... .,. -A notary public or other officer completing this certificate verifies only the identttyofthe individual who signed the document to which this certfficate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . } County of .S(W.,.)/(1{)1) On ~fpM ~ ~ 5! 61-0)3 before me, Dote L!.A.pL OA-~1;:l;a., No kti"dm f u./o l;v Here Insert N~e and Title of the fflcer personally appeared Ko .b{½ t f-ro IVv OA1.tL e· I; z...f),'9 e..Hv t--k~ Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. e el;E~~: e e ~ Notary Public -California San Di~o County I Commission I 2356541 My Comm. Expires Jun t, 2025 Place Notary Seal and/or Stomp Above 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. 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 Do~ument: :t'J. Hti/\ m Je,,;. $ l+;y (' urn.J.Mf DrlJJJrJ °1 (_,, DocumentDate: 01 ),~ 5-~~-_____ NumberofPages:~--' Slgner(s) Other Than Named Above: ______________________ _ CapacltY(les) Clalmed by Slgn~rJs) Signer's Name: ,R ob£.D f f-j1J M«< o Corporate Officer -Tltle(s): __ o Partner -□ Limited □ General !Yfndlvldual □ Attorney In Fact o Trustee o Guardian or Conservator D Other: L.:ner Is Representing: ©2019 National Notary Association 4 Signer's Name: t / I z.&4!: ./-tv Hz-> I¥\..-, o Corporate Officer -Tltle(s): __ □ Partner -□ Limited □ General iiYTndlvldual o Attorney In Fact o Trustee o Guardian or Conservator □ Other: ______ _ Signer Is Representing: ________ _ O:\CED\Admin\B&AIPROJECTSICDP 2022-0019; GR2023-0030 -Horn Residence A.McLIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13