HomeMy WebLinkAboutCDP 2021-0025; Christopher Swan and Crista Swan; 2024-0269669; Hold Harmless Agreement/ReleaseRECORDING IS REQUEmo
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# 2024-0269669
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Oct 07, 2024 10:48 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.: 203-141-08-00
PROJECT 10: CDP 2021-0025
PROJECT NAME: Swan Residence -------------
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 539-2A) and improvement plan
(DWG 539-2A) for development to occur on property more particularly described as (see attached,
Exhibit "A"), I/We, Christopher Swan and Crista Swan, husband and wife as community property 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.
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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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EOF, the undersigned h~Decuted this instrument this ____.) .... 3 __ day of
_......._~~..:.:.L~~----' 20 a;::i .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
OWNER(S)
CHRISTOPHER SWAN AND CRISTA SWAN, husband and wife as
community property with right of survivorship
By:
Date:
By:
Date:
(Sign Here)
Christopher Swan -Husband
(Print Name and Title)
Crista Swan -Wife
(Print Name and Title)
cr/1 3/=i.<-t
See Attached Notary ~-
Acknowl edgment Certifica te
By,~~~--
ALLEFROST
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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary publlcorotherofflcer completing this certlflcate verifies only the ldentltyofthe 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 ... ~~/J'-h--.-_._----'-_,__b _____ _
On _0t\____._13___,_'l.,,_<>_"l.._Y __ before me, e ·+\a .... ~\ S , ~..+it':½ ?'-I\,\\ v
Dam Here Insert Name and Title of the Officer
personally appeared ---".C."'..:....:..:'(\-=· )_t\>~~h_(.....::r:...___~=-.:w..:..._~.;_f\.:__....::ll!C!.l'\,._,_j::;__~,c__v'\__::~_:_i'l_....::<::....w:!..:_"_"'_;__ __ _
Nome(s) of Slgner(s)
who proved to me on the basis of satlsfactOI)' evidence to be ~rson(s) whose name(s)~~crlbed
to the within Instrument and acknowledged e that ~executed the same In~ heir
authorized capaclty(les), and that by hel slgnature(s) on the Instrument the person(s), or t entity
upon behalf of which the person(s) acted, e ted the Instrument.
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.
Place Notary Seal and/or Stomp Above
51g,.w,.~
S/gnahJreofNotary 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 _________________________ _
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 -o Limited o General
□ Individual o Attorney In Fact o Individual a Attorney In Fact
o Trustee o Guardian or Conservator o Trustee a Guardian or Conservator
o Other: o Other:
Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
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EXHIBIT .. A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 82 AND THE SOUTHWESTERLY 5 FEET OF LOT 89 OF GRANVILLE PARK NO. 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 2037, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JUNE 18, 1927.
APN: 203-141-08-00