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HomeMy WebLinkAboutCDP 2020-0017; Sarem Family Trust; 2021-0649201; 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 VIiiage Dr. Carlsbad, CA 92008 DOC# 2021-0694201 111111111111 lllll 111111111111111 lllll 1111111111111111111111111 HI 1111 Oct 04, 2021 04:38 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: .....;.20;;.:7'""'-0:::.:.7-=2-...:.1.:..7-00-=-=------ PROJECT ID: CDP 2020-0017 PROJECT NAME: Sarem Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 531-1 A) for development to occur on property more particularfy described as (see attached, Exhibit "A•), I/We, Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008, the owner(s) of said property, promise to indemnify and to hold the City of Csrlsbad, 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:\CED'Lendl>evf'ROJE~17 8anm -• Rlck\8 6 A\HOI.D HAAML.e3S __.ENT CRAINAGE.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 fac;ilitles. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill II' II. II. II II, Ill 2 Q.~~17SarornReelclmoe0 Rlc:l<\86AIHOLDHAAMLESSAOREENENTDRAINAGE.cloc 011211/13 IN WITN~nden,i~~~ ~OC<rted ~B inslrument 1his l C,.~"I' of OWNER($) APPROVED AS TO FORM: CELIA BREWER City Attorney By:~~ C4= Assistant City Attorney City of Carlsbad Scott Alexander Sarem and Kyra Bush Sarem, trustees or their successor trustee(s) under the Sarem Family Trust Dated July 17, 2008 By:-~'-------,'-b(.........,,,fl1irf!----~-~)--- Scott Sarem, Owner Date: (Print Name and Title) of··~\ Kyra Sarem, Owner Date: {rint Name and Title) ~/or?/ ) (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 Q~CTS\~17 --• Rk:l<\B II A'tlOLDHAAMI..ElS8 I\OfU:B4ENT IR'IINAOE.doG 01/2i/13 CALIFORNIA ACICN0WLEDGMI.NT CIVIL CODE§ 1189 A notary publicorolherofficer completing this certificate verifiesonlythe identity of the indr,ldual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of Callfornla } Countyof ~" D I l5 C) On O 9 (( 0 /zo 'L ( before me 6/.;;11 vi // Ju(/ , r f Date.,' .J--r r"' Here Insert Name ahci Title of the fficer personally appeared ) LD ]_J_ L.~ rer-, k fn/A s;.,, cc(', TName(s/ of s· net(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty{les). and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the Instrument. Pla<:e Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of Callfornla that the foregoing paragraph Is true and corfect. .-----? =~ SlgnatureoffolotaryPub 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: ________________________ _ DocumentDate:. ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capac.lty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Slgner'sName: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ limited □ General Cl Partner -□ Limited a General □ Individual □ Attorney In Fact □ lndlvldual D Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: _____________ _ Cl Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q.~OJECT5\alP\CDP20Z0\C0P2020017 --· Rlck\B ll A'tfOlD-LESS AGREEMENT IJRAJNA-OOC 01/25/13 EXHIBIT A LEGAL DESCRIP'n()N . Order l'lllmber: DlV-6064191 Page lllumber: 6 Real property In the ·city of carlsbad, County 9f San Diego, State of callfomla, desl:.ribed as follows: ALL-OF.LOT.24 ANO Ti-IE. SOlmtERLY 7,74 FEET OF LOT 25 OF CARLSBAD HIGHLANDS, lN THE CTTY OF · CARlSBAD, COUNTY OF SAN DIEGO, STAlE OF CAUFORNIA, ACCORPING TO MAP THEREOF NO. 2647, ~DIN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY, APRIL 18, 1950, THE SAID 7.74 FEET BEING MEASURE ALONG THE EAslERLY UNE OF SAID LOT AND THE NORTHERLY UNE OF SAID 7.74 FEET BEING PARALLR WITH THE 50\.ffliERLY UNE OF SAID LOT. EXCEPTING fROM SAID i.OT2<f, THE SOUTHERLY 100.66 FEET THEREOF, TilE NORTHERLY UNE OF SAID. SOUlli!=RL Y 100.66 FEET BEING PARALLEL WITH AND DISTANT 100.66 NORTHERLY MEASURED AT RIG!iT ANGLES FROM ll-11:: SOUTHERLY UN'E OF SAID LOT 24. APN: 207-072-17-00 First American Ttfle F!age 6 of 14