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HomeMy WebLinkAboutPD 2020-0004; Wilson, Andrew and Sarah; 2020-0703284; Hold Harmless Agreement/ReleaseDOC# 2020-0703284 111110111111 11111111111111111111111111111111111111 Nov 10, 2020 10:37 AM OFFICIAL RECORDS Ernest J Dronenburg, 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.: 264-502-04 PROJECT ID: PD2020-0004 PROJECT NAME: Wilson Residence Addition HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 523-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe Andrew Wilson and Sarah Wilson, Trustees of the Selda Family Trust Dated 5-22-19, 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. Q: \CED\LandDev \ PROJECTS \ PD \ PD 2020 \ PD2020-0004 Wilson Residence Addition \ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 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- HI II- III III HI 2 Q: \ CED \LandDev \PROJECTS \PD\PD 2020 \ PD2020-0004 Wilson Residence Addition B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 (Print Name and Title) z 0 By: Date: IN WITNESS WHEREOF, the undersigned has executed this instrument this 0 CA" O‘aeX , 20 "7--U day of OWNER(S) Andrew Wilson and Sarah Wilson, Trustees of the Selda Family Trust Dated 5-22-19 By: (Sign Here) Andrew Wilson, as Trustee (Sign Here) Sarah Wilson, as Trustee (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: /VIPROI., 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 \PD \ PD 2020 \PD2020-0004 Wilson Residence Addition \ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 _CA--e4r-14 i Ls° Name(s) of S: i per(s) WITNESS my hand and • clal seal. Signature CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public orother 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 ci/^f-) \'1414.1 On /o • 0 74,"Z}) Date personally appeared 1 AA C.,,t1 , N btV‘47 AkDI;L: I Here lnseLt Name and Title4 the Officer tcf-d Ore..) (-3 i Lst/--) before me, 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. JON SCOTT Canc#2246614 m NOTARY PURLIC-CAL1FOR4A V/ SAN DIEGO COUHTY "' MY CONN. EXP. Jar 4, 2022 _ _ 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. 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: o Corporate Officer — Title(s)- 0 Corporate Officer — Title(s): O Partner — 0 Limited ci General El Partner — o Limited o General o Individual o Attorney In Fact 0 Individual o Attorney in Fact o Trustee U Guardian or Conservator o Trustee o Guardian or Conservator 0 Other: 0 Other Signer Is Representing: Signer Is Representing: ©2019 National Notary Association 4 Q:\CED\ LandDev \PROJECTS \PD \PD 2020 \ P02020-0004 Wilson Residence Addition \ B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 File No: 320316554 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 132 OF CARLSBAD TRACT NO. 89-18, RANCHO VERDE UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 22, 1997. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR USE, INGRESS, EGRESS, DRAINAGE AND UTILITY PURPOSES, ON, OVER, UNDER, ACROSS AND THROUGH THE "COMMON AREA AS DEFINED IN THE DECLARATION, AS DESCRIBED IN SECTIONS 7.4, 7.6 AND 7.7 OF THE DECLARATION, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION. PARCEL 3: NON-EXCLUSIVE EASEMENTS FOR UTILITIES AND DRAINAGE AS DESCRIBED IN SECTIONS 7.3(B) AND 7.7 OF THE DECLARATION, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JANUARY 22, 1997 AS INSTRUMENT NO. 1997-0028110, OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NUMBER: 264-502-04-00 CLTA Preliminary Report Form — Modified (11-17-06) Page 3