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Home My WebLink AboutPD 2022-0007; Hague, Jeff and Ashley; 2022-0440857; 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# 2022-0440857 111111111111 lllll 111111111111111111111111111111111111111111111 IIII 1111 Nov 17, 2022 12:41 PM OFFICIAL RECORDS Ernest J. Dronen burg, 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.: 156-230-70-00 -----------PROJECT ID: PD2022-0007 -----------PROJECT NAME: Hague Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 536-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Jeff Hague and Ashley Hague, 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 ensure 1 11Files01 v\Departments\CED\Admin\B&AIPD2022-0007 _ GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 Ill Ill Ill Ill 2 \\Files01V\Departments\CED\Admin\B&AIPD2022-0007 _GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WIT~~SS WHEREOF, the undersigned has ~xecuted this instrument this __._I~_·'--_ day of OCtobel' , 20 «;)~ . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: Assistant City Attorney City of Carlsbad OWNER(S) Jeff Hague and Ashley Hague, Husband and Wife as Community Property with Right of Survivorship By: Jeff Hague -Owner/Husband (Print Name and Title) Date: { (/ /1 v( Id--) By: (Sign Here) Ashley Hague -Owner/Wife (Print Name and Title) Date: 10/11/aa (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 \\Files01 v\Departments\CED\Admin\B&AIPD2022-0007 _ GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 PF q qq ••••• q ZAEAAAA&AEAAAWWWL 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 oa2oD,~qo or{)ciobc:r l~ ,3f.fcla: before ~oJhleen M ,OO)o'.x;.rtz, ~1D~c-1.ry H.t.bl.1c.- Date Here Insert Name and Title of the Officer persomilly appeared Jeff-Po~\A,{., 6-Dd O?rsbl;;;t. l.taq-uc ----- Name(s) of Signe 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(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. eeeeeeeef KATHLEEN M. SCHWARTZ Not,ry Public -California z San Diego County sl: Commission II 2323280 - y 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 nnd official seal. Sig~ 0vJ. r{)cfi//.JMh,.r--, Signa-::t·of Notary Public u 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: ___ _ Signer(s) Other Than Named Above: _____ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General D Individual D Attorney in Fact D Trustee D Guurdian or Conservator D Other: Signer is Representing: _________ _ ,~12019 National Notary Association Signer's Name: ___________________________ _ o Corporate Officer -Tltle(s): ______ _ o Partner -D Limited o General □ Individual □ Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _____ _ 4 \\Files01v\Oepartments\CED\Admin\B&AIPD2022-0007 _GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 Exhibit 0 A0 Legal Desaiption A.P.N.: 156-231-70-00 Real property in the City of Carlsbad, County of San Diego, State of califomia, described as follows: PARCEL 3 OF PARCEL MAP NO. 19753, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ALEO IN THE OFACE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, JUNE 9, 2005.