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HomeMy WebLinkAboutPD 2019-0029; Chalepas-Styr Family Trust; 2020-0196135; 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# 2020-0196135 I llllll lllll lllll 111111111111111 lllll lllll 1111111111111111111111111111 Apr 17, 2020 11 :13 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr, 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.: 264-481-21-00 -----------PROJECT ID: PD 2019-0029 PROJECT NAME: 3559 Corte Esperanza Addition HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 520-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Allen N. Chalepas and Britt Styr, as Co-Trustees of The Chalepas-Styr Family Trust Dated December 23, 2008, 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 O:ICED\LandDevlPROJECTSIPDIPD 2019\PD2019-0029 3559 Corte Esperanza Addition -Chua\B & A\HOLD 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 Q:ICED\LandDev\PROJECTSIPD\PD 2019\PD2019-0029 3559 Corte Esperanza Addition • Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 1 IN WITNE~ WHEREOF, the undersigned~s executed this instrument this ____ day of ('~~~ , 20 ~() . APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Allen N. Chalepas and Britt Styr, s Co-Trustees of The Chalepas-Styr Famil rust at December 23, 2008 By: Allen N. Chalepas, Co-Trustee Date: By: (Sign Here) Britt Styr, Co-Trustee (Print Name and Title) Date: 3/~/~9'0 r 7 (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\PROJECTSIPDIPD 2019\PD2019-0029 3559 Corte Esperanza Addition -Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - 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:)C\S'"\ 1':),eeCJ On 3/1 ldci:1() before me,Cccr\ce: \:\~Q. r.2 Do\c"1M( Date . Here lnse,tN};me and Title of the bfficer personally appeared C\\\e:n \J . (t-c~,\05 ~ 'Bs>\:t s*~c Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso@Jwhose nam@is@_j;ubscribed to the within instrument and acknowledged to me that he/she/~ executed the same in his/her~ authorized capaci~, and that by his/he~ signatur@on the instrument the pers~or the entity upon behalf of which the pers<@::acted, executed the instrument. 1············~ , CANDICE MARQUEZ : .;, _ Notary Public -California z ::ii :l : San Diego County l; z i,-....--,,:1 Commission# 2244151 - My Comm. Expires May 27, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur 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: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ • ©2018 National Notary Association 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 32 OF CARLSBAD TRACT NO. 89-18 RANCHO VERDE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13295, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 29, 1996 AS FILE NO. 1996-0042246 OF OFFICAL RECORDS APN: 264-481-21-00