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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. 1 Q: CED\Admin\B&A PROJECTS\CDP 2022-0062; ROW2023-0832: GR2023-0043 -3912 Garfield Street L.OIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01i25i13 - 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: CEDIAdminlB&A PROJECTSICDP 2022-0062; ROW2023-0832: GR2023-0043 • 3912 Garfield Street_l.OIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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.) 3 Q: CED\Admin\B&A PROJECTSICDP 2022-0062; ROW2023-0832: GR2023-0043 -3912 Garfield Street LOIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25i13 - CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ••• rnrnr ■■■nnn nrnnn■■■•••••----••••••••••••• r r■■ nm•••••• axxaaxxa••••••••• 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 4 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: Q: CED\Admin\B&A PROJECTSICDP 2022-0062; ROW2023-0832: GR2023-0043 -3912 Garfield Street_L.OIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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