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HomeMy WebLinkAboutCDP 2019-0023; Hernandez, Ramon De La Paz; 2020-0460378; Hold Harmless Agreement/ReleaseDOC# 2020-0460378 11111111111111111111111111111111111111111111111111111111111110111111 Aug 17, 2020 10:51 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY 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.: PROJECT ID: PROJECT NAME: 204-232-04-00 CDP 2019-0023 Hernandez Residence HOLD HARiiiiLESS AGREEMENT DRX:1AGE In consideration of the City's approval of a drainage plan (DWG 522-6A) and improvement plan (DWG 522-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Ramon De La Paz Hernandez & Christine M. Hernandez, Trustees of The Hernandez Family Trust Dated November 17, 2006 , 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 1 (MED\ LandDev \ PROJECTS \ COP\ CDP2019 \CDP2019-0023 Hernandez Residence - Chua\13 & A \HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 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. HI III III II- I" III 111 III III III HI III III III III III III III III III III 2 a \ CED \ LandDev \ PROJECTS 1 CDP1CDP2019 \CDP2019-0023 Hernandez Residence - Chua \ B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 1 20 ,9D day of OWNER(S) Ramon De La Paz Hernandez & Christine M. Hernandez, Trustees of The Hernandez Family Trust Dated November 17, 2006 By: (Sign Here) Ramon De La Paz Hernandez, Trustee (Print Name and Title) Date: ((;) - D C )C By: tccfbv (Sign Here) Christine M. Hernandez, 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 a \CED \LandDev \PROJECTS \CDP\CDP2019 \CDP2019-0023 Hernandez Residence - Chua\B & A \HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 114 fr .114 igna y Public Sig natur CALIFORNIA 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 California County of (4e$1 aTt.-1--eD on 6 itti24"20 before me, Date Ific\ ti k 42- Q Y(r6('Ik C)i g-51‘e- personally appeared Name(s o)f Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacIty(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 p7 - e . i )444 ,, 17:„.„ ,,,,,o( He e Insert IV e and 77tIer of the .ficer He BHARAT P PATEL comm. #2148544 c_ NOTARY PUBLIC•CALIFORNIA > SAN MATEO COUNTY My Commission Expires Ma! 4, 2020 The notary commission I extended pursuant to I Executive Order N-63-20 Place Notc., — _ 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(les) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ▪ Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: El Corporate Officer — Title(s): O Partner — o Limited 0 General • Individual El Attorney In Fact 0 Trustee n Guardian or Conservator o Other: Signer Is Representing: ©2019 National Notary Association 4 CIACED1LandDevk PROJECTS \ CDP \ CDP20191CDP2019-0023 Hernandez Residence - Chua \B & A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT D IN BLOCK 2 OF PALISADES HEIGHTS, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 11, 1924. 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