HomeMy WebLinkAboutCDP 2022-0062; Gary C Cruse and Debra J Cruse; 2024-0217276; 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# 2024-0217276
1111111111111111111111111111111I 111111111111111 IIIII IIIII IIIII IIII IIII
Aug 15, 2024 11 :22 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. : 206-012-02-00 --------------PROJECT ID: CDP 2022-0062
PROJECT NAME: 3912 Garfield Street
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 546-2) and improvement plan
(DWG 546-2A) for development to occur on property more particularly described as (see attached,
Exhibit "A"), I/We, Gary C. Cruse and Debra J. Cruse, husband and wife as Joint Tenants, 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.
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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.
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IN WITNESS tHEREOF, the undersigned has executed this instrument this --"\_q __ day of
J'-' '-\ I 20 2'::\ , \
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
B
Sen·or Assistant City Attorney
City of Carlsbad
OWNER(S)
GARY C. CRUSE AND DEBRA J. CRUSE, husband and wife Joint
Tenants
By:
Gary C. Cruse -Husband as Joint Tenant
(Print Name and Title)
Date: 7 \ \ °' \ Z.-.0 "2.. '-\
By:
..-p&,ign Here)
Debra J. Cruse -Wife as Joint Tenant
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer com plcting this certificate verifies only the identrty of the individual who signed the document
to which this ceMicate is attached, and not the truthfulness. accuracy, or validity of that document.
Stnte of Callfornln
County of ~l'I 01• e,o }
On Ot /1 'Jj'L<>L--f before me. Qc.,1'11/ Ale-je>--'!d..o Di'c.. 7.. / JtJof,:..-"'7
Date Here Insert Name and Title of the Officer
personally appeared ~~~-~~,.~l-~.4~•--t~d~_ Oe_b_~. Ccv C:e.
Name(s) of Signer(s)
who proved to me on the basis of s;itlsfilctory evidence to be the person(s) whose nilmo(s) ls/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on th£> 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
lnws of the Stnte of Cc1llfornin th;it the foregoing
p;imgraph Is true nnd correct.
WITNESS my h,md ;ind officlc1I se;il.
5'g~,~~
Signature of Notary Public
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
Document Date:
Slgner(s) Other Th,m Nnmed Above:
Capacity(les) Claimed by Signer(s)
Slgn0r's Nam0:
o Corpomte Officer -Title(s):
□ Pmtn0r -o Limited □ G0neral
o lndlvldunl o Attorney in Fact
o Trustee o Guardian or Conservator
D Other:
Signer is Representing:
,c 2019 N11tional Notary Association
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Number of Pages: ___ _
Signer's Ni'lmc:
o Corporate Officer -Tltle(s):
□ Partner -o Limited o Gern?ral
o lndivldunl o Attorney In Fact
o Trustee o Guardian or Conservator
D Other:
Signor Is Representing:
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EXHIBIT 'A'
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 2 IN BLOCK "L" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923
APN: 206-012-02-00