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HomeMy WebLinkAboutCDP 2019-0002; Smith, Jesse F.; 2021-0392987; Hold Harmless Agreement/ReleaseD OC# 2021-0392987 111111ill 11111 0111 JIll 111111 11111 1111111111 11111 111111101111111 May 25, 2021 10:05 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 Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-022-11-00 PROJECT ID: CDP2019-0002 PROJECT NAME: HILLSIDE DR RESIDENTIAL HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 512-6A) and improvement plan (DWG 524-3) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Jesse F. Smith, an unmarried man, 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 CMCED1LandDev'sPROJECTSICDFACDP20191CDP2019-0002 Hillside Drive Residential - ChuM13 & AIHOLD 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. ffl ffl HI HI HI III HI IH III ffl IH HI ffl III ffl III III III III III III 2 QACEDlLandDev‘PROJECTSICDPCDP2019‘CDP2019-0002 Hillside Drive Residential - Chua%13 8. AHOLD HARMLESS AGREEMENT DRAINAGE.doc 01(25113 OWNER(S) Jesse F. Smith, an unmarried man See Attachment By: (Sign Here) IN WITNESS WHEREOF, the undersigned has executed this instrument this 3 day of VICLYCk , 20 "7.-‘ Jesse F. Smith, an unmarried man (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: ON IP 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 CVICEDILandDev %. PROJECTS CDPCDP20191CDP2019-0002 Hillside Drive Residential - ChualiB & AHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 FAVIVALCIN Nolan, Ribrz - Carornia SAr Diego Connty Conraiss'o,n 4 221",9.13 My Comm. Adg 1. 2021 -nocar.ev.mrmvaroaswas° Signature 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: 0 Corporate Officer — Tit*); o Partner — o Limited 0 General O Individual 0 Attorney In Fact •Trustee o Guardian or Conservator 0 Other: Signer is Representing: Signers Name: o 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: 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. On V ' Sh-4 114 before me, fotV 1A1(4y), f‘crtea e„ 6 , Date Here Insert Na e and Title of t ffker personally appeared 3 ez_e Name(s) of Signer(s) z who proved to me on the basis of satisfactory evidence to bt1-19 person(4whose name(?)' Is/afe subscribed to the within Instrument and acknowledged to me that heiskrefttfey executed the same in hls/Atlielr authorized capacity(14 and that by his/hpf/tOlr sIgnaturefig) on the instrument the person?), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California County of --5=XM 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. WITNESS my hand and official seal. Signature of Notary Public ©2019 National Notary Association 4 a:ICED LandDev PROJECTS‘CDPDP20191CDP2019-0002 Hillside Drive Residential - Chuale, 8, All-IOLD 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: THOSE PORTIONS OF LOTS 18 AND 19 IN BLOCK "G" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 19, SAID POINT BEING ALSO THE SOUTHWESTERLY CORNER OF LOT 15 IN SAID BLOCK "G" OF SAID BELLAVISTA; THENCE ALONG THE SOUTHEEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 15 SOUTH 24°58'50" EAST 52.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY PROLONGATION SOUTH 24°58'50" EAST 52.32 FEET; THENCE SOUTH 58°49'13" WEST 161.47 FEET TO A POINT ON THE EASTERLY LINE OF HILLSIDE DRIVE AS SAID HILLSIDE DRIVE IS SHOWN ON SAID MAP NO. 2152; THENCE ALONG SAID EASTERLY LINE NORTH 40°20 WEST 76.14 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 66°10'55" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66°10'55" EAST 180.72 FEET TO THE TRUE POINT OF BEGINNING. APN: 207-022-11-00