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Home My WebLink AboutDEV 2016-0056; Stephens, Kevin; 2017-0385299; 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# 2017-0385299 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Aug 23, 2017 04:08 PM OFFICIAL RECORDS Ernest J_ Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-120-02-00 ------------PROJECT ID: DEV2016-0056 ------------P~JECT NAME: 7603 Romeria St. &'-) --------------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 500-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Kevin Stephens, 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 I\FILES01V\Departments\CED\LandDevlPROJECTSIDEV\DEV2016-0056 7603 Romena St -Geldert\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 \IFILES01V\Departments\CED\LandDev\PROJECTS\DEV\DEV2016-0056 7603 Romer,a St -Geldert\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this 7:11 day ot __ _._fu~eg+-=-u"-"'S ........ t ___ , 20 I 1= APPROVED AS TO FORM: CELIA BREWER City Attorney By ~Ck= c5NKEMP Assistant City Attorney City of Carlsbad OWNER($) Kevin Stephens By: / --=-----z;;_3:5~ 4s@here) Kevin Stephens, 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\DEV\DEV2016-0056 7603 Romeria St -Geldert\B&A\HOLD 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 I document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document. _J State of California County of _8k1 CX..OqQ ) n On O?'2-O]-l0\7 before me. LDv, iCOb1t1\~lt::J ,NcTARV Pub/1L Date I / Here Insert Name and ntfe of the Officer personally appeared KeL.J1 () ~ h<2nS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)Avhose name~ is/are- subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/~r authorized capacity(i~. and that by his/~ir signature~ on the instrument the person(st: or the entity upon behalf of which the person(Sf'acted, executed the instrument. 1············1 . LORI ROBINSON : it~··. :·-Notary Public -California 2 ~ ,,;· San Diego County 'la= z _ · · Commission# 2181331 - My Comm. Expires Feb 21, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor-i-ect. WITNESS my hand and official seal. Signature ________________ _ Signature of Notary Public ----------------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 Documept Title or Type of Document: lijda:w-m/ess _lli,11n~L Document Date: Number of Pages: 3-___ 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 n Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator [J Other: _______________________ _ lJ Other: Signer Is Representing: _________ _ Signer Is Representing: ______ _ -----------· -------------- (i:J2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\LandDev\PROJECTS\DEV\DEV2016-0056 7603 Romeria St -Geldert\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 .. EXHIBIT 'A' LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 21 OF LA COST AV ALE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 18, 1972. APN: 223-120-02-00