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HomeMy WebLinkAboutPD 2022-0022; Cantor, Joshua; 2023-0228106; 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# 2023-0228106 11111111111111111111111111111111 lllll lllll 1111111111111111111111111111 Aug 22, 2023 10:11 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: _1.;..;;5c...c.6--'-1c...c.6..;...0-_1_6-_0_0 ____ _ PROJECT ID: PD 2022-0022 JS~ PROJECT NAME: Cantor Garage Addition HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 538-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Joshua Cantor, an Unmarried Man, 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 insure a 1 Q:\CED\Admin\B&AIPROJECTS\PD 2022-0022; GR2022-0031 -Cantor Garage Addition_T.C\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 -------------------------· 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\Admin\B&AIPROJECTS\PD 2022.0022; GR2022.0031 -Cantor Garage Addition_T.C\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ----------·------------------------------------------ IN WITNESS WHEREOF, the undersigned has executed this instrument this~ day of V\(j\~ ' 2()Jb OWNER(S) Joshua Cantor. an Unmarried Man APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By:Ql~ ~ •. RONKEM By: Date: By: Date: Senior Assistant City Attorney City of Carlsbad Joshua Cantor -Owner (Print Name and Title) 5/9/r, (Sign Here) (Print Name and Title) (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:\CED\Admin\B&A\PROJECTS\PD 2022-0022; GR2022-0031 -Cantor Garage Addition_T.C\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel A: Parcel 3 of Parcel Map No. 21808, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 18, 2020, as Instrument No. 2020-7000324, of Official Records. Parcel B: Private drainage easement over that portion of Parcel 1 of Parcel Map No. 21808, shown, delineated and described as "Covenant of Private Drainage Easement encumbering Parcel 1 and for the benefit of Parcel 3 as shown hereon." APN : 206-160-16-00 ----------~-------------. ------ CALIFORNIA ACKNOWLEPGMENT CIVIL CODE§ 1189 4,,,, it -""""" breeifl wmi .. 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 C:allfornla } County of 'oJ,_"' Oc ea)) On D9 {)9~ before me.~ TDCoe91--, VJ~ ~0 Date '\.....r, Q Here lns!rt Name and Title of the Officer personally appeared ~09., ~oi.n-\-oR. ....., Name(s) of Signer(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. ~• eeeAoeeeeeef • ·•. 3E7HANY TORBERT : ~a;•~-. >lotary Public· Callfomla z ~ , •. -. • :· San Diego County ll ~~: Commission II 2355816 - ~My Corrm. Expires Aor 28. 2025 I certify under PENAL TY OF PERJURY under the laws of the State of Callforrila that the foregoing paragraph Is true and correct. WITNESS my hand ancj official seal. Place Notary Seal and/or Stamp Above Signature~~ ..l')~ 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: __________________________ _ DocurrientDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed. by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited D General □ Individual □ Attorney In Fact □ Individual □ Attorney in Fact □ Trustee D Guardian or'Conservator o Trustee □ Guardian or Conservator D Other: _____________ _ D Other: -------------- Signer Is Representing: ________ _ Slgrier Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\Admin\B&AIPROJECTS\PD 2022-0022: GR2022-0031 • Cantor Garage Addition_T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13