HomeMy WebLinkAboutPD 2020-0034; Harbor Pointe Homeowners Association; 2021-0239639; Hold Harmless Agreement/ReleaseDOC# 2021-0239639
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Mar 29, 2021 08:52 AM
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 Or.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR Rr.CORDER'S USE
ASSESSOR'S PARCEL NO.: 214-494-55
PROJECT ID: P02020-0034
PROJECT NAME: Harbor Pointe Slope Repai
HOLD HARMLESS AGREEMEN1T
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 526-9A) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, Harbor Pointe Homeowners Association, a California nonprofit mutual benefit corporation,
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.
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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.
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CLICEDILandDev1PROJECTS1PDIPD 2020IPD2020-0034 Harbor Potnte Slope Repair - McLaughlinT&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc
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By:
(Sign Here)
IN WITNESS WHEREOF, the undersigned has executed this instrument this .,2-8 day of
haari , 20
OWNER(S)
Harbor Pointe Homeowners Association, a California
nonprofit mutual benefit corporation
Barin McGrath, President
Print Nam/ and Title)
- 2-g ' 7._dzi
K ---
(Sign Here)
Keith Kaneko, Secretary
Date: // y /2,o2-1
(Print Name and Title)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: 11122tA
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.)
Date:
By:
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0:10ECALandDev1PROJECTS PD1PD 20201PD2020-0034 Harbor Pointe Slope Repair - McLaughlin1SSAIHOLO HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
State of Califwila
County of >4t1/4".. 9 :k 42e/
On 571‘.0 I
Date
personally appeared
•Here io,sert Name and Title oft/el Officer
a el M
before me,
Name(s)of Signer(s)
e k.
KARA LOKER
Notary Public - California
San Diego County
Commission it 2269314
My Comm. Expires Dec 22, 2022
Place Notary Seal and/or Stomp Above
OPTIONAL
Signature of LVotary Public
-eiXf
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:
DocumentDate: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _ _
0 Corporate Officer - Title(s):
0 Partner - 0 Limited El General
O Individual n Attorney in Fact
o Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer's Name:
o Corporate Officer - Title(s):
0 Partner - El Limited 0 General
o Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer is Representing:
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.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) diafj subscribed
to the within instrument and acknowledged to._me that hpiiI7r6/6)/ executed the same in h11104(r/tElj)
authorized capacity(ies), and that by 1?16/pdrilieir signature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
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.
g2O19 National Notary Association
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EXHIBIT "A"
Lot D of Carlsbad Tract No. 83-29, Harbor Pointe Unit No. 1, in the City of Carlobad, County of San Diego. State of California,
according to lap theroof No. 11196, filed in the Office of the
County Recorder of San Diego County.
RESERVING UNTO GRANTOR, its succassore and assigns, together with
the right to grant and transfer all or a portion of the same, as
follows:
All oil, oil rights, minerals, mineral rights, natural gas
rights, and other hydrocarbons by whatsoever name known,
geothermal steam and all products derived from any of the
foregoing, that may be within or under the parcel of land
hereinabove described, together with the perpetual right of
drilling, mining, exploring and operating therefor and
storing in and removing the same from said land or any other .
land, including the right to whipstock or directionally drill
and mine from lands other than those hereinabove described,
oil or gas wells, tunnels and shafts into, through or across
the subsurface of the land hereinabove described, and to
bottom such whipstocked hr directionally drilled wells,
tunnels and shafts under and beneath or beyond the exterior
limits thereof, and to redrill, retunnel, eq11/45, maintain,
repair, deepen and operate any such wells or mines without,
however, the right to drill, mine, store, explore and operate
through the surface or the upper 600 feet of the subsurface
of the land hereinabove described_