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Home My WebLink AboutPD 2020-0047; KWD Holdings LLC; 2022-0288041; 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. Cartsbad,CA 92008 DOC# 2022-0288041 111111111111 lllll 111111111111111 111111111111111 IIIII 111111111111111111 Jul 13, 2022 02:48 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DI EGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: --=2=07'-•..:....:15:...:0'--1:....:;5....:·0:....:;0 ____ _ PROJECT ID: PD2020-0047 PROJECT NAME: Harle Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 527-?A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, KWD Holdings, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Q:\CEO\l.andOevlPROJECTSIPOIPO 2020\P02020-0047 Harle Resldene&-Levy\B & A\HOLO HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\LandDev\PROJECTSIPDIPD 20201PD2020-0047 Harle Residene&-levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 22.,.,,o day of Af>l2-l L , 20 2,2., . APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~£ ~MP c:v Assistant City Attorney City of Carlsbad OWNER(S) alifomia Limited Liability Company By: --...JL.~::::::::==~~::::::::::=.... ____ _ (Sign Here) Kent Harle, Member (Print Name and Title) Date: 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 Q:\CED\LandDev\PROJECTSIPDIPD 2020\PD2020-0047 Harte Resldenc&-levy\8 & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 ,s attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On A ril 22 2022 Date } before me, _ _,_A..::n_,_,d:.:..re"-'we!...!..R'-"o"'b'°"e!.'.rts,,,,_,_N.,_,o,:.,ta,,,ry"--'-P__,u,,,b"-'lic,,,_ ________ - Here Insert Name and Title of the Officer personally appeared _ ___;Kc...:.e::..:n.:.:t..:.H.:.:a"--rlc:.e ________________________ _ Name(s) of Signer(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. ANDREW ROBEIITT Notary Publk · Callfornla SanDieS<>County Commission # 2317220 11,y Comm. Expires Oec 26, 2023 Place Notary Seal and/or Stamp Above 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. 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: ______________________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -o Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ <02019 National Notary Association Page 8 of 8 01/25/13 V ' . . Order Number: NHSC-6472515 (DLDG) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 203 13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 2007, AS INSTRUMENT NO. 2007-0523755, OF OFFICIAL RECORDS. EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY. PARCEL B: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AN APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL A AND, BEING APPURTENANT, SHALL RUN WITH THE LAND. PARCEL C: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL A AND, BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST 5, 1966, AS INSTRUMENT NO. 127577, OF OFFICIAL RECORDS. APN: 207-150-15-00 First American 77tle