HomeMy WebLinkAbout; Thomas B. Kelley and Jennifer Kelley, Trustees of the Kelley Family Trust dated March 31, 2020; 2023-0077273; Hold Harmless Agreement/ReleaseX 'IP
RECORDING 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# 2023-0077273
1111111111111111111111111111111111111111111111111111 11111 IIIII 11111111
Mar 27, 2023 09:44 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 205-280-60-00 PROJECT ID: -=C;;..;B;...;R2::;.;0;..;;2....;1;....-3...,..0;...;.59 ____ _
PROJECT NAME: _3_7_5_1 _Y_ve_t_te_W_ay~----
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (CBR2021-3059) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
We, Thomas B. Kelley and Jennifer Kelley, Trustees of the Kelly Family Trust dated March 31,
2020, the owners 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:£~ executed this inslrument this 14 rotJVCV) , 20___,,:,.__ __ .
day of
OWNER(S) Thomas B. Kelley and Jennifer Kelley,
Trustees of the Kelly Family Trust dated March 31 , 2020
By:
(Sign Here)
~blW'z t'.3. 1r{f_/J~
Thomas B. Kelley-Trust s/!f/zo)-l
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~ RONKEMP
Date:
By:
Date:
Senior Assistant City Attorney
City of Carlsbad
Jennifer Kelley-Tru tee
l/!Y (>oJ-J
{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 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 __ ~~_<>_•~--~------
On H ~ z.o-,_ 3 before me, __ l)tfai ___ -r._~_r ___ ,J_~ ___ M_;«..... __ _
Date Here Insert Name 'and rweJ? the Officer
personally appeared --·-1'-it ..... ~~~r~-~~'~-~,-µ~-"-d~~-"'-~-t-~----1~---+-----
-MmJisJ of S/gner(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.
i DAREN VASS I
,. COMM. #2423661 ~
NOTARY PUBLIC-CALIFORNIA !:
SAN DIEGO COUNTY I
My Comm Expires November 21. 2026
C 0
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.
clal 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: -,-~H ... 2 ... l...,A~l£ .... ~ ........ '"-f,fi=S"''-'/r(,.'-""-'~~--'-"~--------
DocumentDate: JI 1j IV"'~ Number of Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
o Partner -o limited o General o Partner -□ Limited □ General
□ Individual □ Attorney In Fact □ Individual o Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator
□ Other: □ Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _
!02019 National Notary Association
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