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HomeMy WebLinkAboutCUP 2017-0009; Stellar Properties LLC; 2020-0778294; Increased Fee Agreement/ReleaseDOC# 2020-0778294 111111111111111111 11111111 11111111110 H 111 Dec 04, 2020 02:57 PM 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.: 211-030-27, 211-030-28 PROJECT ID: CUP2017-0009 PROJECT NAME: ECO-Friendly Auto Spa HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 517-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Stellar Properties, LLC, a California limited liability company, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Q: \CED \LandDEMPROJECTS\CURCUP 17 \CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - Rick\ B&A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. /// III II- III HI III III GAGED\ LandDev \ PROJECTS \CUP \CUP 17 \CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - Rick \B&A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 1 5 h day of , 20 ,D.,.(.1) OWNER(S) Stellar Properties, LLC, a California limited liability company By: C-( (Sign Elttcr) Judith A. Jones-Cone, Sole Member (Print Name and Title) Date: By: (Sign Here) (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 QACED\ LandDey \ PROJECTS \CUP \CUP 17 \CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - Rick\ B&A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 T WESTON Notary Public • Calitornia San Diego County Commission # 2169746 — M Comm. Es lies Oct 27, 2020 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pubricorother officer completing this certificate verifies o nly 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. IT WA-0+0Y) - -1 tri 0-4.-t; PUbl / C j 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/(ies), 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. State of Callfor a • County of On hPit 5 /2-0 21) before me, Date personally appeared Insert Name and le of the Officer -LALS - Signer(s) Name(s 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. WITNESS my hand and official seal. Si 621,041 Signature of Notary Public 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: 0 Corporate Officer — Title(s): o Corporate Officer — Title(s): o Partner — 0 Limited o General O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: 02019 National Notary Association 4 CIACED \ LandDev PROJECTS \CUP1CUP 17 \CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - Rick (MA HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTHWESTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 22 OF SEASIDE LAT.Tr,S, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE MOST EASTERLY PORTION, 8 FEET IN WIDTH, ALONG THE EASTERLY BOUNDARY OF SAID LOT BEARING NORTH 34° 33' WEST AND 62.165 FEET IN LENGTH, AS GRANTED TO THE CITY OF CARLSBAD ON DOCLTMENT RECORDED JUNE 28, 1991AS DS AFN:. 203.. . - •00