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Home My WebLink AboutPD 2021-0026; Jaramillo, Luis Anthony and Jennifer; 2023-0168975; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Cieri< CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA 92008 DOC# 2023-0168975 11111111111111111111111111111111ll111111111111111111111111111111111111 Jun 28, 2023 11 :59 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES. $0.00 (S82 Atkins. $0 00) PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ...::2=0"'-7-"""0.;;;..63;;...-2:;;.;5;;...·0=0'------ PROJECT ID: PD 2021-0026 PROJECT NAME: 3805 Alder Avenue HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 532-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Luis Anthony Jaramillo and Jennifer Jaramillo, husband and wife 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 Q:\CEO\Admln\B&AIPRO.JECTSIPO 2021-0028; GR2021-0028 -3805 Alder Avtnue_O.RIHOLO 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 Ill Ill Ill Ill 2 Q:\CED\Admln\B&AIPROJECTSIPO 2021-0026; GR2021-002tl • 3805 Alder Avenue_O.R\HOLO HARMLESS AGREEMENT ORAINAGE.doc 01125113 IN WITNESS Wl-tEREOF, the undersigned has executed this instrument this \"'4t\-\ day of .J,wE , 201!? APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By:l\2Q~ RON KE OWNER(S) Luis Anthony Jaramillo and Jennifer Jaramillo, husband and wife as joint tenants~ By: ~-Jb i n Here) \,.u\S p. ...m,lo N'f ..)Ml.,v-l\\.A-0 /) feAy JBFBRlillO -Husband~~ (Print Name and Title) Date: () v J \ "1 l "2-?> By q.,ift!.f Jennifer Jaramillo -'Mfe (Print Name and Title) Date: !al 1\1 I Z3 Senior Assistant City Attorney City of Carlsbad (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:ICEO\Admln\B&AIPROJECTS\PO 2021-0()28; GR2021-0028 • 3805 Alder Avenue_D.RIHOLO HARMLESS AGREEMENT DRAINAGE.doc 01/25113 EXHIBIT "A" LEGAL DESCRIPTION ntE LAND REFERRED TO HEREIN BELOW IS SfTVATEO IN ntE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 8 of C8r18bad Highlands, In the City of Car1sbad, County of San Diego, State of Callfomla, according to Map thereof No. 2847, flied In the Office of the County Recorder of San Diego County, Aprll 18, 1950. Excepting therefrom that portion lying Southerly of a llne delcrtbed as follows: 8egNrilg at the moat Southet1y comer of said Lot 8, said comer being aleo on the Easter1y right of way llne of Alder Avenue aa shown on said Map, aald r1ght of way line being a 60.00 foot radlua curve, concave Southwesterty; thence Northweaterfy along the arc of said curve, through a central angle of 45•09'26• a distance of 45.19 feet to a point, a radial Hne to said point bears North 35~•44• East and the True Point of Beglmlng; thence leaving said curve, North 11~0-East 29.00 feet; thence North er40'04· East 84.94 feet: thence North 78•34•10-East 304.04 feet to the most Westerly comer of land descrtbed In Deed to Raymond R. Blnldey, et ux, recorded January 2, 1963 88 lnetn.ment No. 303, of Offlclal Records; thence along the Northerly Hne of said Blnkley's Land, North 73-03'22" East, 76.01 feet to M lntersedlon with the Northeasterly line of said Lot 8 distant thereof North 25929'00• West, 90.00 feet from the Southeast8f1y comer of said Lot 8. Aleo Excepting therefrom lying within Road &JVey No. 1800, as granted to the City of Car1sbad In Deed recorded J~ 8, 1969 88 Instrument No. 122793. of Official Racordl. APN: 207-Gl3-H-OO CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the ident~y oflhe 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 8G..v) Oc '?{): t) on 0(.e\\(Q\d~ beforem~-n~~bfL Date Here Insert Nome and nt1e of the Officer personally appeared LuJ ~ y\-0~ ::::ree0:t.m~\..D '2.-~ Narne(s) of Signel(s) ~ 001¾f' ....)().['a_M,\\\,O :_...:.;;_------ 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. 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. WITNESS my hand and official seal. Slgnatu~~ ~S- S~tory Public OPTIONAL --------------- Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document O.scrlptlon of Attached Document TIiie or Type of Document: _________________________ _ DocumentDate: ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ a corporate Officer -Tltle(s): ______ _ a Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited □ General o Individual o Attorney In Fact o lndtvtdual o Attorney In Fact a Trustee a Guardian or Conservator a Trustee o Guardian or Conservator o Other: □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ C>2019 National Notary Association 4 O:\CEO\Admln\S&AIPROJECTSIPO 2021-0026; GR2021-0026-3805 Alder Avenue_O.RV-iOLO HARMLESS AGREEMENT ORAINl<GE.doc 01125/13