HomeMy WebLinkAboutCDP 2020-0044; Gibson, Curtis and Debra; 2021-0551605; Hold Harmless Agreement/ReleaseDOC# 2021-0551605
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Aug 03, 2021 10:59 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.: 206-160-15-00
PROJECT ID: CDR 2020-0044
PROJECT NAME: Gibson Family Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 530-2A) and
improvement plan (DWG 530-2A) for development to occur on property more particularly
described as (see attached, Exhibit "A") I/We, Curtis Gibson & Debra Gibson, Trustees of
Gibson Family Trust Dated 11/10/2005, 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 cr responsible for any accident, loss or damage happening or
occurring during the construction work or improvements as specified in this agreement.
QACEDlLanciDev9ROJECTStCDPCDP20201CDP2020-0044 Gibson Family Residence - Ghuai\B & A1HOLD HARMLESS AGREEMENT DRAINAGE.doc
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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QACEDIandDeNAPROJECTSICDPICDP20201CDP2020-0044 Gibson Family Residence - ChuaiS & AlHOLD HARMLESS AGREEMENT DRAINAGE doc
By:
in Here)
By:
RON KEMP
Assistant City Attorney
City of Carlsbad
IN WITNESS WHEREOF, the undersigned has executed this instrument this 1 day of
, 20
OWNER(S)
Curtis Gibson & Debra Gibson,
Trustees of Gibson Family Trust Dated 11/10/2005
Curtis Gibson, Trustee
(Print Name and Title)
Date: ill! -24
By: filikfleL(
Debra Gibson, Trustee
(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.)
111140 Here)
CIACED1LandDev‘PROJEGTSCDP\CDP20201CDP2020-0044 Gibson Family Residence - Chus113 & AAHOLD HARMLESS AGREEMENT DRAINAGE.doc
JEFF B LANGFORD
Notary Public - California
San Diego County
Commission ft 2312359
My Comm, Expires Nov 29, 2023 WITNESS my hand and official seal.
Signature
Signature ry Public
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:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
a Corporate Officer — Title(s):
O Partner — o Limited 0 General
•Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing: Signer is Representing:
. Numberof Pages:
Signer's Name:
0 Corporate Officer — Title(s):
O Partner — 0 Limited 0 General
a Individual 0 Attorney in Fact
O Trustee a Guardian or Conservator
0 Other:
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.
County of for# y".•4friP
State of California r
ZaL__ before me, ieffA
14e'le
Dare se m a e anor Title of the CP1,7:r %
Name(s) of Signer(s)
a N/150 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(ies), 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.
On
personally appeared
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.
Fi
,2019 National Notary Association
4
()ACED \LandDev \ PROJECTS\ CDP \CDP20201CDP2020-0044 Gibson Family Residence - Chua\B & AlHOLD HARMLESS AGREEMENT DRAINAGE drx;
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 2 OF PARCEL MAP NO. 21808, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18,
2020 AS FILE NO, 2020-70000324, OF OFFICIAL RECORDS.
APN: 206-160-15-00