HomeMy WebLinkAboutCT 2017-0008; Harding Palm LLC; 2024-0037716; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OFCARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Car1sbad Vlllage Dr.
Car1sbad,CA 92008
DOC# 2024-0037716
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Feb 14, 2024 10:18 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atklna: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _;2:;;:;;04-...;....:;;2..;.;10;...;-0::.:3-0;...;;.;;0 ____ _
PROJECT ID: CT 2017-0008 (J t..,b.. PROJECT NAME: Harding and Palm Townhouse
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 527-2A) and
improvement plan (DWG 527-2A) for development to occur on property more particularly
described as (see attached, Exhibit •A"), 1/We, Harding Palm LLC., a Califomia limited liability
corporation, the owner(s) of said property, promise to indemnify and to hold the City of
Carlsbad, lts 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 assumptlon 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 llable 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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Q:ICED\Admln\B&A\PROJECTS\CT 2017-0006-~ end Palm T-Projec(IHOlO HARMLESS AGREEMENT DRAINAGE.doc 01/25113
IN WITNESS WHEREOF, the undersigned has executed this instrument this \"{'~ day of
~e,øt,/ ,20 ~~ .
OWNER(S)
Harding Palm LLC., a Callfomia limlted liability corporation
By: ~~
-7-~---S-ignH-ere-) ---
Date:
Date:
APPROVED AS TO FORM:
CINDIE MCMAHON
-:~~
enio Assistant City Attomey
City of Cartsbad
Charles Speck-Managing Partner
(Print Name and Trtle)
/'2-Ær;/2 3
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chainnan, 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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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of california, described as follows:
PARCEL 1:
LOT 11 IN BLOCK "A" OF RESUBDIVISION OF PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 2027,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927.
PARCEL 2:
AN EASEMENT FOR PURPOSES OF ENCROACHMENT FOR AN EXISTING GARAGE OVER, ALONG AND
ACROSS THE NORTHWESTERLY 2.00 FEET OF LOT 2 OF BRENTWOOD VILLAGE, IN THE CITY OF
CARLSBAD, ACCORDING TO MAP THEREOF NO. 4369, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 19, 1959.
APN: 204-210-03-00
First American Titte
..
CALIFORNIA ACKNOWLEOGMENT CIVIL CODE § 1189
A notary public or othcrofficer completing !his certificate verifies only the identity of the individualwho sig ned the document
to which !his certificate is attachcd, and not thc truthfulncss, accuracy, or valldity of thai document.
State of Callfornla
County of Qrlt?\404'.-.
On l 1 ~"""~-z...q7,,J
}
before me, \> ~ ~ ~ 1":,tlrjhc&u ~ ,
Date
personally appearcd
d~ j f ;~me and Title of the Officer
Name(s) of Signer(s}
who proved to me on the basis of satlsfactory evldence to be the person(s) whose name(s) ls/are subscrlbed
to the withln Instrument and acknowledged to me that he/she/they executed the same In hls/her/thelr
authorlzed capaclty(ies), and that by hls/her/thelr slgnature(s) an the Instrument the person(s), or the entlty
upon behalf of whlch the person(s) acted, executed the Instrument.
'@ OAAEN VASS l -00',W. tz-423881 iJi
• NOTNff ~ -
M,N 0IEOO COUN'1Y I llr c-. ~ ..,,_.. 21. ml
; au
Place Notary Seo/ ond/or Stamp Abovc
I certlfy under PENAL TY OF PERJURY under the
laws of the State of Callfornla that the foregolng
paragraph Is true and correct
OPTIONAL
Completing this Information con deter alteration of the document or
froudulent reottachment of this form to an unintended document
Oescrlptlon of Attached Oocument
TIiie or Type af Document:
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ___ _
Capaclty(les) Clalmed by Slgner(s)
Slgner's Name: _______ _ Slgner's Name: ___________ _
□ Corporate Officer -Tltle(s): □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Llmlted □ General □ Partner -□ Llmlted □ General
□ lndlvldual □ Attorney In Faet □ lndlvldual □ Attorney In Faet
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representlng: Signer Is Representlng: ________ _
0 2019 National Notary Association
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