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HomeMy WebLinkAboutCDP 2017-0064; Slowik, Sharon M.; 2021-0374827; Hold Harmless Agreement/ReleaseDOC# 2021-0374827 11111111111111111111111111111111111111111111111111111111111111 May 17, 2021 12:53 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-064-02-00 PROJECT ID: PROJECT NAME: CDP2017-0064 Slowik ADU HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 518-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), INVe, SHARON M. SLOWIK, TRUSTEE OF THE SHARON M. SLOWlK REVOCABLE LIVING TRUST DATED FEBRUARY 22, 2018, 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 GAGED \ LandDev1PROJECTSCDP1CDR20171GDP2017-0064 Slo,,vik A DU - GhualB&A I 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. /// /// M /// /// HI HI III HI III 111 111 HI HI IH III III 111 1H III HI 2 Q:\CED‘LandDev\PROJECTSICDP1CDP20171CDP2017-0064 Slowik ADU - ChualS3ANHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 By: 110 RON KEMP Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this /0 day of , 20 „2( OWNER(S) SHARON M. SLOWIK, TRUSTEE OF THE SHARON M. SLOWIK REVOCABLE LIG TRUST DATEDJ.EBRUARY 22, 2018 By: ---- 7)-41A-&-(Sign Here) / Sharon M. Slowik, Trustee (Print Na an Title) By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney (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 CIACED\LandDEMPROJECTS1CDP1CDP20171CDP2017-0064 Slowik ADU - ChualB&A1HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Place Notary Seal and/or Stamp Above Signature Signature of Notary Arbil; Title or Type of Document: Document Date: Numberof Pages. Signer(s) Other. Than Named Above: Completing thls•infOrmation can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document. ha LA 1444,-MaSS BLAKE KERN Notary Public - California San Diego County Commission # 2299093 My Comm. Expires Jul 28, 2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is:true and corrobt WITNESS my hand and official teal. OPTIONAL Capacity(les) Claimed by Signer(i) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator o Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — TItle(s). o Partripr — o Limited 0 General •ihdIVfdpal U Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other.: Signer IS Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficer 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 S Posi On Aqr-L, Date personally appeared 6LAVE: (44-R_A), iutrtAAY ueu‹., Here Insert Name and Title of the Officer P AP- e of... iViame(s)of Signer(s). 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. 02019 National Notary Association 4 QACEDIandDtPAPROJECTSlCDP\CDP2017\CDP2017-0054 Slowik ADU - Chual88AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 28 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950. EXCEPTING FROM SAID LOT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND 6.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 28 AT THE NORTHERLY TERMINUS OF A CURVE THEREIN CONCAVE EASTERLY AND HAVING A RADIUS OF 200.00 FEET, SAID POINT BEING DISTANT NORTHERLY ALONG SAID CURVE, 102.17 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 28; THENCE NORTH 81 *35'30" EAST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 215.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT. APN: 207-064-02-00