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HomeMy WebLinkAboutMS 2020-0003; 320 Hemlock LLC; 2021-0592422; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2021-0592422 111111111111ll111111111111111111111111111111111 Hll 11111111111111111 Aug 19, 2021 02:05 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: 526.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-240-40 -----------'TC..------PROJECT ID: MS2020-0003 PROJECT NAME: _H_e_m-lo_c_k _C_oa_s_t_H_o_m_es __ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 530-5A) and improvement plan (DWG 530-5) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, 320 Hemlock, LLC, a California Limited Liability Company, 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 Q:ICE0\land0ev\PROJECTS\MSIMS2020\MS2020-0003 • Hemlock Coast Homes • IAclaugh!nlB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 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 havi ng an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\Land0ev\PROJECTS\MS~'4S2020\MS2020.0003 -Hemlod< Coast Homes -Mel.alghlin\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.<bc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 1-8 :S-v\ y, , 20 "'2...t . day of APPROVED AS TO FORM: CELIA BREWER City Attorney By q&frMP ~ Assistant City Attorney City of Carlsbad OWNER(S) 320 HEMLOCK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: KMJ REAL ESTATE, LLC, AS THE SOLE MANAGER By: ///4 ---~7----(S-(_S_ig_n_H_e_re_) _______ _ John H. Norum, Manager for KMJ Real Estate LLC (Print Name and Title) Date: 7 / U / 1...01...\ By: ---------------------(Sign Here) (Print Name and Title) Date: (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:ICE01Land08\IIPROJECTS\MS\MS2020\IAS2020-0003-Hemlodc Coast Homes -McLaughlinlB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 11. notary public or other officer completing this certificate verifies on>{ the kl entity of the individualwho signed the document to whtch this certificate Is attached. and not the truthfulness. accuracy, or valldlty of that 'document. State of Callfornla } County of 5q n 01e, lO On Cfu fy V15, '.J.-02-1 before me, In< clrS Hob)()>'\ , /'! o}-o.ry f"' b/1 (., Dote 1 ~ ~ Here lnsertName ond ifue of the Office · personally appeared :J'oY\V\. D._. t{O'fll\.V'v\, Name(s) of Signel(s) who proved to me on the basis of satisfactory evidence to be the person(jfwhose name~a,e subscribed to the within Instrument and acknowl ged to me th ~ey execuled the same l h~ authorized capacity~. and that s elr slg~~ on the Instrument the perso , or the entity upon behalf of Which the person'81 a ed, executed the Instrument. TRAVIS HOBSON COMM. #2209755 .,, Notary Public , California ;::; San Diego Cocnty 1 Comm. Expires Aug 12, 2021 • • ♦ • • • • • Place Notary Seo/ ancllor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of Callfornta that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature -~-+--· J,U,t,1 ___ ,..._~--:~t-=-~~~- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached 00CUf11,0} _u Title or Type of Document: J:10 el D~ rV\f\\'-S.> A-,v~ DocumentDate: 7-?-:t· ?-0'2-\ Number of Pages:_'-1..i.._ __ Slgner(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Slgne r(s) Signer's Name: ___________ _ □ Corporate Officer - Tltle(s): ______ _ o Partner -□ Ltmlted o General □ Attorney In Fact o Individual □ Trustee D Other: o Guardian or Conservator Signer Is Represenung: ________ _ ©2019 National Notary Association 4 Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -o Limited □ General □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: ________ _ Q:ICEO\Land0ev\PROJECTSIMS\MS2020\MS2020.0003-Hemlock Coasl Homos -IAclaughln\B&A\I-IOLO HARMLESS AGREEMENT DRAINAGE.doc 01125/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ANO IS DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 78 1/2 FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. APN: 204-240-40