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Home My WebLink AboutPD 2020-0008; Church, Barry and Shanna; 2021-0167102; Hold Harmless Agreement/ReleaseDOC# 2021-0167102 I 11 MTh 111111111111111 11111 1111111111 liii tIll 1 1111 HI IHI Mar 03, 2021 04:14 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.: 206-200-04-00 ,c11 PROJECT ID: PD2020-0008 PROJECT NAME: Church Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 524-6 & 524-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), IANe, Barry A. Church and Shanna L. Church, Trustees of the Church Family Trust, dated September 19, 2019, 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. 1 QACED1LandDev1PROJECTSIPDIPD 2020V:02020-0008 Church Residence - ChualB8A1HOLD HARMLESS AGREEMENT DRAINAGE.doo 01/25/13 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. /// /// ffl ffl 11/ /// ffl II/ III /// ffl /// III ffl ffl /1/ 2 OACECALandDev\PROJECTSTD\PD 202CAPD2020-0008 Church Residence - Chua\a&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 By: RON KEMP IN WITNESS WHEREOF, the undersigned has executed this instrument this .ocit.3+.) A 104 , 20 4 day of OWNER(S) Barry A. Church and Shanna L. Church, Trustees of the Church Family Trust, dated September 19, 2019 By: 030.-th-e.,/ (Sign Here) Barry A. Church, Co-Trustee (Print Name and Title) Date: By: CLA,t--ejL) (Sign Here) Shanna L. Church, Co-Trustee (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney 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 QACED1LandDev\ PROJECTS \PD\ PD 20201 PD2020-0008 Church Residence - Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Signature Place Notary Seal and/or Stamp Above Signe ur of Notary P1] bile OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Number of Pages: ription of Attached Document e of Document: DocumentD Signer(s) Other Th amed Above: Capacity(tes) Claimed by ner(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 Genera O Individual 0 Atto ey In Fact O Trustee ardian or Conservator Signer's Na 0 Corporate o Partner — CI Individual Truste 0 Other: • er_ Signer is Representing: Signer Is Representing: fficer — TItle(s): Limited 0 General O Attorney in Fact ▪Guardian or Conservator COMM. # 2245614 NOTARY PUBLIC-CAUFORNIA (1.) My COMM. EXP. Jun' 4, 2022 T RAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corr ct. WITNESS my hand and o cial seal. r. JON SCOTT 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 .C114-3 iLer On LO before me. Date personally appeared JO" ge.194, Intik 14'614' (- Here Insert Narhe and Title of the Officer ist C.144tre--* ,g iek 4Te(s) Wirer c r ,. s4 r tem. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istai e 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. e.)2019 National Notary Association 4 QNCE111..andDev1PROJECTSWIDIED 2020\PD2020-0008 Church Residence - Chua\B&AHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE WESTERLY 75 FEET OF THE EASTERLY 150 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 150 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FRON THE WESTERLY LINE OF SAID EASTERLY 150 FEET. APN: 206-200-04-00