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HomeMy WebLinkAboutPD 2021-0042; Alberts, Kristopher and Shannon; 2022-0440859; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CllY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2022-0440859 111111111111 lllll 111111111111111 111111111111111111111111111111 IIII IIII Nov 17, 2022 12:41 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.: ...;.2::...;1:...:::.5....::-3:...:::.9..::;..0-:...:::.37.:...-..::..oo;:...._ ____ _ PROJECT ID: PD2021-0042 PROJECT NAME: 2940 Cacatua ADU HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 536-BA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Kristopher Alberts and Shannon Alberts, Husband and Wtfe as Joint Tenants, 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 llfiles01v\Departments\CED\Admin\8&AIPD2021-0042_GR2022-0010_2940 Cacatua ADUIHOLO HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill 2 \\Files01v\Oepartments\CED\Admin\B&AIPD2021-0042_GR2022.-0Q10_2940 Cacatua ADU\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN~ WHEREOF, the undersigned has executed this instrument this ;z4 'th day of ~ ' 201/J,,-. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney Byw ~ RONKE Assistant City Attorney City of Carlsbad OWNER(S) Kristopher Alberts and Shannon Alberts, Husband and Wife as Joint Tenants Date: By: Date: Kristopher Alberts, Husband (Print Name and Title) I a -1 Y-:kl. Shannon Alberts, Wife (Print Name and Title) \ o --at.\-d-d"'-- (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 llfiles01v\Oepartments\CED\Admin\8&AIPD2021-0042_GR2022-0010_2940 Cacatua ADUIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 I, EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 581 , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 7076, ON FILE IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, TOGETHER WITH THAT PORTION OF THE SOUTHERLY ONE-HALF OF SECTION 19 TOWNSHIP 12 SOUTH, RANGE 3 WEST, sAN BERNARDINO MERIDIAN, As sHoWN oN eem mn oe soe2et s11a oN FILE 1N THE oFF1cE oF THE SAN DIEGO COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 581 AS SHOWN ON MAP NO. 7076 ON FILE IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE ALONG THE WESTERLY LINE AND A PROLONGATION OF THE WESTERLY LINE OF SAID LOT 581 , NORTH 12 DEGREES 31 MINUTES 49 SECONDS EAST (NORTH 12 DEGREES 31 MINUTES 40 SECONDS PER RECORD), 175.84 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 44 SECONDS EAST, 80.90 FEET TO THE PROLONGATION OF THE EASTERLY LINE OF SAID LOT 581 ; THENCE ALONG THE PROLONGATION OF THE EASTERLY LINE AND THE EASTERLY LINE OF SAID LOT 581 SOUTH 12 DEGREES 30 MINUTES 09 SECONDS WEST (SOUTH 12 DEGREES 30 MINUTES 00 SECONDS WEST PER RECORD), 202.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 581 ; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 581, THE FOLLOWING COURSES: NORTH 71 DEGREES 47 MINUTES 51 SECONDS WEST (NORTH 71 DEGREES 48 MINUTES 00 SECONDS WEST PER RECORD), 36.18 FEET TO THE BEGINNING OF A TANGENT 428.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 40 MINUTES 20 SECONDS, A DISTANCE OF 42.37 FEET TO THE POINT OF BEGINNING. APN: 215-390-37-00 ► CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 rxrrr rm rxrnn ii 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 'i::,ar'\ -PY e.qo } onCci:-d?r:Y ~, ~ before m~~lerD ¥\.frl)cJa.d-z f\.)o+~'Pub\l'c., DateV Here Insert Name and Title ~?t/Je Off1c€r personallyappeared~ris+opher:: Alber:-bs o.nd 5baaoo Alber-46 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name{s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person{s), or the entity upon behalf of which the person{s) acted, executed the instrument. KATHLEEN M. SCHWARTZ ,_ Notary Public• California z : San D1ego County ! ··f Comn1ss1on # 2323280 • My Comm. Expires Mar 8, 2024 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. Signa OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Dof~ment Title or Type of Document: _\-\ (1..(JY\ \:e$ &wee,ne_ rtt DocumentDate:-C)d-cbec c:S)L\ l ,10?-~ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Title{s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney in Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: ---------------Signer is Representing: _________ _ Signer is Representing: ________ _ ©2019 National Notary Association 4 I\Files01 v\Departments\CED\Admin\B&AIPD2021-0042_ GR2022-0010_2940 Cacatua ADUIHOL 01/25/13