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HomeMy WebLinkAboutPD 2023-0008; The Collins Living Trust; 2024-0168917; 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# 2024-0168917 I 11111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII 1111 Jul 03, 2024 11 :43 AM OFFICIAL 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.: 205-051-01-00 --------------PROJECT ID: PD 2023-0008 PROJECT NAME: 3229 Highland Drive HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 541-9A) and improvement plan (DWG 541-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, John Collins and Jeannine Woo, Co-Trustees of The Collins Living Trust dated May 14, 2021, 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. Q:ICED\Admin\B&AIPROJECTSIPD 2023-0008; ROW2024-0214; GR2023-0012 -3229 Highland Drive_N.FIHOLD 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\Admin\B&A\PROJECTS\PD 2023-0008; ROW2024-0214; GR2023-0012 • 3229 Highland Drive_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ex::;. day of M~J . 2o_Z ...... '-I __ APPROVED AS TO FORM: CINDIE MCMAHON City Attorne nt City Attorney City of Carlsbad OWNER(S) JOHN COLLINS AND JEANNINE WOO, Co-Trustees of The Collins Living Trust dated May 14, 2021 By: @ John Collins-Co-Trustee (Print Name and Title) Date: By: Jeannine Woo -Co-Trustee (Print Name and Title) Date: 5(l1( l02.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.) 3 Q:ICED\Admin\B&A\PROJECTSIPD 2023-0008; RO\1\12024-0214; GR2023-0012 -3229 Highland Drive_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . } County of SM Q\~ On ~ ~:•re !Loi..~ before me, ('/\JCA-\\::l,l,~ Wl)\) t)CT't-'\.8f::JIJbflt0{flJSlJC Here Insert Name and Title of the Officer personally appeared _____ J~a~\~~ .... N~_L.--0~\..-~L~\~\...1_$~----------- Name(sJ of Signer(s} ~c ~N ~\ 1Y ~ \/J 0\) 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. 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. WITNESS my hand and official seal. Signature _n~, .---11~-h--Ll-+-lil-~-~L .... ~~~-'----- \ ~reofNotaryPub/k 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 Document: _________________________ _ DocumentDate: ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ a Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General a Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:ICEDIAdmin\B&AIPROJECTSIPD 2023-0008; ROW2024-0214; GR2023-0012 -3229 Highland Drive_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 205-051-01-00 THAT PORTION OF LOT 18 OF PATTRERSON'S ADDITION TO THE TOWN OF CARLSBAD IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 18; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 18, SOUTH 55° 27' WEST 184.74 FEET; THENCE AT RIGHT ANGLES SOUTH 34° 33' EAST 100.00 FEET; THENCE NORTH 55° 27' EAST 180.19 FEET TO THE WESTERLY LINE OF HIGHLAND STREET; THENCE ALONG SAID STREET NORTH LINE LINE 24° 32' WEST 25.64 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID STREET; THENCE CONTINUING ALONG SAID STREET LINE, NORTH 34° 29' WEST 74.75 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY 10 FEET OF PINE A VENUE, ADJOINING SAID LAND ON THE NORTHWEST, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 559 OF THE CITY OF CARLSBAD, A COPY OF WHICH RECORDED JUNE 16, 1959 AS INSTRUMENT NO. 121316, OFFICIAL RECORDS.