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HomeMy WebLinkAboutPD 2020-0017; Jack B. Reagan and Janis E. Loomis 1998 Trust; 2021-0276878; Hold Harmless Agreement/ReleaseDOC# 2021-0276878 111H11111101110111111111111 1111 11111 11 III 11111 11111 11111 III 101 Apr 09, 2021 12:21 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.: 216-240-27 PROJECT ID: PD2020-0017 PROJECT NAME: Reagan ADU HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 525-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Jack B. Reagan and Janis E. Loomis, as trustees of the Jack B. Reagan and Janis E. Loomis 1998 Trust, dated July 10, 1998, 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 QACED1LandDe,APROJECTSTDIPD 2020IPD2020-0017 Reagan ADU - McLaughlin B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 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. III M 111 III III III III HI M III III M III HI III III III III M III III 2 QACED1LandDe+APROJECTS1PONPD 2020‘PD2020-0017 Reagan ADU - McLaughlin1B&AlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 (Sign Here) Janis E. Loomis, Trustee Date: IN WITNESS WHEREOF, the undersigned has executed this instrument this day of k.kciAT t,i , 20 9 k OWNER(S) Jack B. Reagan and Janis E. Loomis, as trustees of the Jack B. Reagan and Janis E. Loomis 1998 Trust, dated July 10, 1998 By: L t-) (Sign Here) Jack B. Reagan, Trustee (Print Name and Title) Date: cLD (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney By: 1)2J, ON 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 0:ICECALandDevkPROJECTStPDTD 2020TD2020-0017 Reagan ADU - McLaughtin1B8AHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Sign ure Signatur. of Notary Public CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pu bi ic o r 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.14.1 ON6r21 before me, --rary-i--\(-As--ekstA), 11-/ Date Here insert Name and lit/c' of the Officer Jack ",.--/oactay\ \6-i-\ 5 ( Lae, (s Nameit) of Signer(s) 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. Ac, On 1-kaccL 4-t., ;c-' personally appeared TAMI HARELSON Comm.# 2255466 m NOTARY Pil8Lic•CALIFORNIA SAN DIEGO COUNTY MY Coin. Ex. SEP. 20 2022" 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. Place Notary Seal and/or Stamp Above 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: Doc ument Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Partner — o Limited 13 General O Individual 0 Attorney In Fact O Individual o Attorney In Fact 0 Trustee 0 Guardian or Consewator O Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer is Representing: Signer Is Representing: C.,2019 National Notary Association 4 QACEDILanclDe,APROJECTS PD PD 202CAPD2020-0017 Reagan ADU - mcLaughlin168./1/4 \HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 245 OF LA COSTA SOUTH UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6533, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 3, 1969. ASSESSOR'S PARCEL NUMBER: 216-240-27-00