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HomeMy WebLinkAboutCDP 2022-0008; Martin, Pamela Kaye; 2024-0127707; 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# 2024-0127707 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 May 21, 2024 02:58 PM OFFICl,\L RECORDS JORDAN Z MARKS, 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.: 155-221-05-00 --------------PROJECT ID: CDP 2022-0008 PROJECT NAME: Martin Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 544-4A) and improvement plan (DWG 544-4) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest and John Dean Martin, Trustee of The John D Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest as tenants in common, 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 1 Q:ICED\Admin\B&AIPROJECTSICDP 2022-0008; ROW2023-0709; GR2023-0033 -Martin Residence N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 - 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. 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:\CEO\Admin\B&AIPROJECTSICDP 2022-0008; ROV\12023-0709; GR2023-0033 -Martin Residence N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 - IN WITNE~HEREOF, the undersigned has executed this instrument this \.-A .20 2=:::( . 1,wD dayof APPROVED AS TO FORM: CINDIE MCMAHON City Attorney Senior ssistant City Attorney City of Carlsbad Pamela Kaye Sullivan Martin. Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest and John Dean Martin, Trustee of The John D Martin living Trust, dated January 10, 2019, as to an undivided 50% interest as tenants in common By: ]?~V\'t~ (Sign Here) Pamela Martin -Trustee (Print Name and Title) Date: By: 9»£Here) John Martin -Trustee (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:ICEDIAdminlB&AIPROJECTS\CDP 2022-0008; ROW2023-0709; GR2023-0033 -Martin Residence N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 - 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 which this cert~icate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within Instrument and acknowledged to me that ~/they executed the same In ~/their authorized capaclty(les), and that by h~helr 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 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 #/~ ~/',,,.../4..s:r 4.,,,...~.-,_,~-r- Tltle or Type of Document: "-p.¢.-,,4,,,,. lf'j'..sl.__ Document Date: s -2--Z... c.l %. Number of Pages: Y Slgner(s) Other Than Named Above: _____ /2_"?-f _________________ _ Capaclty(les) Clal}ljid by Slgner{_s) Signer's Name: Y~.:/A #/frcr?-Slgner'sName:~.f,..._ /,?1.-/"'T),--.,;•: o Corporate Officer -Tltle(s): ------~ o Corporate Officer -Tltle(s): ------~ D Partner -□ Limited □ General □ Partner -D Limited □ General □ lndlvldual □ Attorney In Fact o Individual o Attorney In Fact ~tee □ Guardian or Conservator ~e □ Guardian or Conservator D Other: _______________ D Other: Signer Is Representing:__________ Signer Is Representing: _________ _ ©2019 National Notary Association 4 Q:\CED\Admin\B&A\PROJECTSICDP 2022-0008; RO\1\12023--0709; GR2023-0033 -Martin Residence N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 - --c: EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 5 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948. APN: 155-221-05-00