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Home My WebLink AboutPD 2022-0003; Kemper, Steven J. and Cinda G.; 2022-0413438; Hold Harmless Agreement/ReleaseSF, RECORDING IS REQUESTED FOR THE BENEFIT OF THE Cl1Y OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2022-0413438 111111111111ll111111111111111111 111111111111111 lllll 11111 1111111111111 Oct 27 , 2022 09:23 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.: -----'2_15'---'-61-=0--2-=8--0'-'0 ____ _ PROJECT ID: PD2022-0003 -----------PROJECT NAME: _K_e_m..._p_e_r _R_es_id_e_n_c_e ___ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 536-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Steven J. Kemper and Cinda G. Kemper, trustees of the Kemper Family Trust dated April 6, 2006, amended and restated on June 3, 2016, 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:ICED\LandDev\PROJECTS\POIPD 20221PD2022-0003 Kemper Residence 7133 Aviara\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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. Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill /II /II Ill Ill Ill 2 Q:\CED\LandDev\PROJECTSIPD\PD 2022IP02022-0003 Kemper Residence 7133 Avlara\B&A\HOLO HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNEss,'::"HEREOF, the undersigned has executed this instrument this /J day of . ~fi>-t<4>-~ , 20 a--:) . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By .. ~Ih ~ 0 MP Assistant City Attorney City of Carlsbad OWNER(S) Steven J . Kemper and Cinda G. Kemper, trustees of the Kemper Family Trust dated April 6, 2006, amended and ::~ed on Ju&~re) 1TE Steven J. Kemper, Trustee (Print Name and Title) Date: 4'-13 -~2-, By: d__•~, &-, ~ (Sign Here) Cinda G. Kemper, Trustee (Print Name and Title) Date: 4--I 3 -J-.2-- (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:ICE.O\LandOev\PROJECTSIPOIPO 2022\P02022-0003 Kemper Residence 7133 Avlara\B&AIHOLD HARMLE.SS AGREEMENT DRAINAGE.doc 01/25113 CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT xrrmnnnn• M nnn MM .. • ... AAWWWAXLEA A notary public or other officer completing this certificate verifies only the identttyof the individual who signed the document to which this certificate is attached, and not the trnthfulness. accuracy, or validity of that document. State of California County of 5 c._......, ~ VZ: 0 } On O '\ / \ "'.> / Le 1-l-before me, A~~--\-h...<n~ ~<n>tl r<~cz, fulo\1c. Date Here Insert Name and Title of the Officer personally appeared _C__c\_..,_)_1>_A_:__C.,. __ \<._~-=--:...""°'....J...:~:,_____:~::..:::..c"'...,_,.~.__S=-'l"_,_-C:=-./...:<-n::,_:__.c,~'-\<.:...:..c""'-""-C-'-'-.:::<l..Jt"::,___ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I~ subscribed to the within Instrument and acknowledged to me that he/sh~ executed the same In hls/h~ authorized capaclty(les), and that by hls/h~lgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the Instrument. 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. Signature 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 Document Title or Type of Document: __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capacity(les) Claimed by Slgner(s) Signer's Name: __ □ Corporate Officer -Tltle(s): ______ _ Signer's Name: __________ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited D General □ Partner -□ Limited □ General □ Individual o Attorney In Fact o Trustee o Guardian or Conservator o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Othar: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ C\2019 National Notary Association 4 0:ICEO\landDev\PROJECTSIPDIPO 20221PO2022-0003 Kemper Residence 7133 Aviara\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 Exhibit "A" Legal Description A.P.N.: 215-610-28-00 Real property in the City of carlsbad, County of San Diego, State of californla, described as follows: LOT NO. 289 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I -UNIT "D" IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, JUNE 29, 1989. . EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERlY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERlY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERlY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERlY, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REORILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERlY . . .. ·•