HomeMy WebLinkAboutPD 2021-0045; Caldwell, Daniel Allen and Jocelyn Marie; 2022-0389413; 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# 2022-0389413
111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII 11111111
Oct 05, 2022 10:01 AM
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.: 207-053-29-00
PROJECT ID: PD2021-0045 ____ ..;..;;.. _________ _
PROJECT NAME: 3880 Westhaven _ _,e..;;__;...;..c...;.._ __ .;...._ ___ _
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 535-3A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Daniel
Allen Caldwell and Jocelyn Marie Caldwell, as Co-Trustees of The Caldwell Family Revocable
Trust, U/A Dated February 12, 2020, 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.
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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this \l.Q day of
~V-.S.T , 20 M .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By:
Assistant City Attorney
City of Carlsbad
OWNER(S)
Daniel Allen Caldwell and Jocelyn Marie Caldwell, as Co-
Trustees of The Caldwell Family Revocable Trust, U/A
Dated February 12, 2020 By~e~
Daniel Allen Caldwell, Co-Trustee
(Print Name and Title)
Date: 8/fe, /z.02-z.
'
By:
Jocelyn Marie Caldwell, Co-Trustee
Date:
l\f (Print Name and Title)
1)/ vf} g-()04
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the Identity of the ind iv Id ual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~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.
'@ ROBERT D. VASS
O f ~ COMM. #2<t04784 at ~ tKJTARf ~ORNIA y,
SAN OIIOO COUNTY -I .., C-. EJll)ill .,_ 1,. 202& I
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
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 Docum~~
Document Date: /( )-0 ),II..--
Slgner(s) Other Than Named Above:-------"~"--_,./'------'---------------
Capaclty(les) Claimed by Slg!]pr(s) / ./ __-,--/ 14 /~
Signer's Name: ,., , d Al/~.,..,-~~ Signer's Name: V ~Z::::::: < <.A-'-J
o Corporate Officer -Tltle(s): _______ o Corporate Officer -Tltle(s): ______ _
o Partner -o Limited o General o Partner -o Limited □ General
o Individual o Attorney In Fact o Individual o Attorney In Fact
o l)ustee / rC""G!Jardlan or Conservator o Trustee -. o Guardian or Conservator
o-ettrer: u -r ~5...-.Rz.. ~er: CP -v ✓µ.rr~
Signer Is Representing:_________ Signer Is Representing: ________ _
0 2019 National Notary Association
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. .
LEGAL DESCRIPTION
Order Number: DIV-6732323
Page Number: 6
Real property in the City of carlsbad, County of San Diego, State of (alifornia, described as follows:
LOT 13 OF CARLSBAD ESTATES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 3019, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AUGUST 7, 1953.
APN: 207-053-29-00
First American Title
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