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HomeMy WebLinkAboutCDP 2019-0009; Akin, Sadri and Marie Rose; 2020-0685818; Hold Harmless Agreement/Release000# 2020-0685818 1111111111111111111111111111111111311111111111110111111111 Nov 04, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNT'{ RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-063-09-00 PROJECT ID: CDP2019-0009 PROJECT NAME: Akin Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 522-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe, Sadri M. Akin & Marie Rose M. Akin, Trustees of the Levan-Akin Revocable Living Trust dated December 15, 2014, 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 a \ C ED \ LandDev \ PROJECTS \ C DP \ C D P2019 \ C DP2019-0009 Akin Residence - Chua \ B & A HOLD 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. II- I" IH III QACED\LandDev \ PROJECTS \ CDP \CDP2019\CDP2019-0009 Akin Residence - Chua\B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WI ESS WJEREOF, the undersigned has executed this instrument this 6, day of , 20 2_e OWNER(S) Sadri M. Akin & Marie Rose M. Akin, Trustees of the Levan- Akin Revocable Living Trust dated December 15, 2014 By: (Sign Here) Sadri Akin, Trustee (Print Name and Title) Date: (Sign Here) Marie Rose Akin, Trustee (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP 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.) 3 Q: \ CED\ LandDev \ PROJECTS\ CDP CDP2019 \ CDP2019-0009 Akin Residence - Chua\B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 By: • ANHTRAN COMM. #2171433 NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY My Commission Expires 12109/2020 i"- 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: 0 Corporate Officer — Title(s): ci Partner — ci Limited 0 General 0 individual o Attorney in Fact ci Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: ▪ Corporate Officer — TItle(s). ci Partner — ci Limited ci General O Individual 0 Attorney in Fact o Trustee o Guardian or Conservator 0 Other: Signer Is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifiesonly the identity ofthe individual whosigned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa CN`CA 1/Y1 t>V11 rip On Ocb19-LP before me, Date personally appeared C,CA f(11 VN WW1 ‘4b1—(1 C— J Here Insert Name and Title of X° Officer M'W't klrO&C- AKA n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor whose namet 4slare subscribed to the within instrument and acknowledged to me that hesile/they executed the same In histher/their authorized capacity, and that by WA-ler/their signaturcOon the instrument the persore)or the entity upon behalf of which the persori acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. r WITNESS my hand and official seal. Signature Signature of Notary Public ©2019 National Notary Association 4 QACED \ LandDev \PROJECTS \CDP CDP2019 CDP2019-0009 Akin Residence - Chua\B & A\ HOLD 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: LOT 42 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUTNY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950. APN: 210-063-09-00