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HomeMy WebLinkAboutCDP 02-24; Marshall, Michael W.; 2022-0220827; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Cieri< CITY OF CARLSBAD 1200 Car1sbad Village Dr. Carlsbad, CA. 92008 DOC# 2022-0220827 111111111111 lllll 111111111111111111111111111111111111111111111 IIII 1111 May 24, 2022 09:32 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. 206-192-38-00 CDP 02-24 PROJECT NAME: St. Clair Residence HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of St. Claire Residence, Project No. CDP 02-24, for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, ll (We MICHAEL W . MARSHALL, Trustee of the Michael W. Marshall, D.D.S., Inc. 401 (K) Profit Sharing Plan, owner{s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or act'1vity. Ill Ill Ill Ill Ill Ill 1 0:ICEO\LandOev\PROJECTS\COP\COP 02\CDP 02·2◄ St. Cla~e Reoldence • Rlck\Bonds and Agreements\S&A r:JVVG ◄12-2B • Rk:lc\HOLO HARMLESS AGREEMENT PANHANDLE LOTS.doex Rev. 01/25113 This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. 1't-t IN WITNESS WHEREOF, the undersigned has executed this instrument this Z.. 'f day I 20 (_ ~ APPROVED AS TO FORM: CELIA BREVVER City Attorney Assistant City Attorney PROPERTY OVVNERS MICHAEL W . MARSHALL, Trustee of the Michael W. Marshhaallll,, ~ D.D .. rs., I -~ 01 (o o~fit Sh -~ g Plann ~ By~/1/~~ ----------------------- Date: (sign here) MICHAEL W. MARSHALL, Trustee (print name and title) By: -------------------(sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ACKNOWLEDGMENT 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. State of California~ County of ~~ On __..3""-·-l-_Lf-=---,,-U)=-_?;._2-____ before me, _A_._Y_o_u_n_g_, _a_n_o_ta_ry_p_u_b_lic _______ _ (insert name and title of the officer) personally appeared ~ ~ c;.,\N...,L, \ W • ~vs'4 \l , who proved to me on the basis of satisfactory evidence to be the person(sµM1ose name(s,-fs/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir authorized capacity(i~). and that by his/herltheir signature(aj on the instrument the person(sr,or the entity upon behalf of which the person(st-£cted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ; - LEGAL DESCRIPTION Order Nunber: DIV°'703191 Page Number: 6 Real property in the Oty of c.ar1sbad, County of San Diego, State of c.allfomia, described as follows: THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10178 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO. 80-204290 OF OFFICIAL RECORDS, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 1, 1988 AS FILE NO. 88-046387 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOSf NORTHERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 10178· THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 SOUTH 73°23'33" WESf, 300.00 FEET; THENCE SOUTH 65°29'54" EASf, 390.79 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF ADAMS STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 24°17'08" EASf, 20.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 65°29'54" WESf, 120.45 FEET; THENCE LEAVING SAID BOUNDARY OF SAID PARCEL 1, NORTH 20030'07" WESf, 32.49 FEET; THENCE NORTH 24°29'41" EASf, 50.68 FEET; THENCE NORTH 11°58'08" WESf, 35.74 FEET; THENCE NORTH 24°29'41" EASf, 74.87 FEET TO THE POINT OF BEGINNING. APN: 206-192-38-00 first American Tdle Page 6of 15