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HomeMy WebLinkAboutCDP 2016-0005; Klovanish, Steven; 2018-0034972; 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# 2018-0034972 1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Jan 29, 2018 12:11 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $101 00 (SB2 Atkins $75 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-180-41-00 ~ PROJECT ID: _C_D_P_2-01-6--0-0_0_5 ----- /' J PROJECT NAME: Klovanish Residence ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 503-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Steven T. Klovanish, Individual, a married man as his sole and separate property, 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 IIFILES01VIDepartments\CED\LandDev\PROJECTS\CDP\CDP 16\CDP 2016-0005 Klovanish Residence -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP 2016-0005 Klovanish Residence -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 1+-~ day of ::[MJJ~ , 20_1 f.;;.__ __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By: ......-+-<n~r2 __ Q ""'"""""--(X_______ _ :, RONKEM~ Assistant City Attorney City of Carlsbad OWNER(S) Steven T. Klovanish, Individual, a married man as his sole and separate property By: (Sign Here) Steven T. Klovanish, Individual, a married man as his sole and separate property (Print Name and Title) Date: By: (Sign Here) (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 I\FILES01\/\Departments\CED\LandDev\PROJECTSICDPICDP 16\CDP 2016-0005 Klovanish Residence -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 .. CALIFORNIA ALL-PURPOSE 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 Califo~ County of ~C)lffl'[" On lf J,t-,IVU:f ·z_p t't ~~£,, before me, ___ .J..L----'---=-----~-----'--------- Date ~ II d r,,,--~ T . persona y appeare ----~"'~l' _________________________ _ Name(jl of Signerf81 who proved to me on the basis of satisfactory evidence to be the persorik,3) whose namet) is/a~ subscribed to the within instrument and acknowledged to me that he/st}fl/tpey executed the same in his/¥r/~ir authorized capacity(ioo), and that by his/h!;i't/t~ir signaturei;s) on the instrument the person¢), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Califor · hat the foregoing paragraph Signatur Place Notary Seal Above ---------------OPTIONAL ______________ _ Though this section is 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: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:-------------~ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ :N§<&~§%@@%'9\>§="iN~§'9\>@@'®@@®=%'§X,'§X,@@'®'<,x/§<;@i;.'§X,'®~~=="l: ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\OepartmentslCEDILandDev\PROJECTSICDPICDP 16\CDP 2016-0005 Klovanish Residence -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 • EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcel Bas described in the Certificate of Compliance recorded September 12, 2016 as Instrument No. 2016-0475202 of Official Records and more particularly described as: That portion of Lot 11 in Block "C" of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, described as follows: Beginning at a Point in the Southwesterly Line of said Lot 11, distant thereon South 67 degrees 39 minutes 00 seconds East, 80 .00 feet from the most Westerly Corner of said Lot 11; thence; North 41 degrees 11 minutes 31 seconds East, 156.04 feet to a point on the Northeasterly line of said Lot 11 said point being 97.61 feet as measured along said Northeasterly line from the most Northerly Corner of said Lot 11; thence along said Northeasterly line, South 38 degrees 39 minutes 00 seconds East 158.35 feet to the most Easterly Corner of said Lot 11; thence along the Southeasterly line of said Lot 11, South 51 degrees 21 minutes 00 seconds West 113.33 feet to the most Southerly Corner of said Lot 11, to the beginning of a non-tangent 225.00 foot radius curve, concave Southwesterly, a radial line to said point bears North 51 degrees 21 minutes 02 seconds East; thence Northwesterly along the Arc of said Curve being the Southwesterly line of said Lot 11, through a Central Angle of 29 degrees 00 minutes 01 seconds, an arc distance of 113.88 feet; thence continuing along said Southwest Line North 67 degrees 39 minutes 00 seconds West 24.86 feet to the point of Beginning. APN: 206-180-41-00