HomeMy WebLinkAboutPD 2022-0012; Poff, Alex A. & Lisa A.; 2024-0048252; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OFCARLSBAO
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200.Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2024-0048252
I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll lllll lllll llll llll
Feb 27, 2024 11 :20 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'$ PARCEL NO.: _1.:....:6c.c..7...::-5:....::6..::.3--=2:.:...7-...::0..::.0 _____ _PROJECT ID: PO 2022-0012
PROJECT NAME: _P:....o::..:.ff.:....:A....:.:D::..:.U::...._ ______ _
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 537-6A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Alex A.
Poff and Lisa A. Poff, 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.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
Q:\CED\Admln\B&A\PROJECTS\PD 2022-0012; GR2022-0018 • Poff ADU_N.FIHOLD 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.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
2
Q:ICEO\Admin\B&A\PROJECTS\PD 2022-0012; GR2022-0018 • Poff ADU_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113
IN WITNESS WHEREOF, the undersigned has executed this instrument this _2._3 __ day of
J#JUAt.i , 20 1-'-f' .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Atto~7,
By~~7Jl!t
Assistant City Attorney
City of Carlsbad
OWNER(S)
Alex A. Poff and Lisa A. Poff, husband and wife as joint
tenants
By: ___._/l~t} /?_~--
(Sign Here)
Alex A. Poff -Husband
(Print Name and Title)
Lisa A. Poff -Wife
(Print Name and Title)
Date: l / i,'1 /1,-0i'-1
(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&AIPROJECTSIPD 2022-0012; GR2022-0018 • Poff ADU_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
trrJORJtn■■■a r• •••• PI] -••••••• -nnnør nrørnnrr Q&AAAU-WAi&1 ,---
A nota ry public or ether officer com plet111g thIs certifIcate verifies only the identrty of the ind 1vid ual who sig ned the clocument
to whIch this cert~1catc is attachcd, and not thc truthfulncss accuracy, or v;ilrdity of thai document.
who provcd to mc on thc basis of satlsfactory evldence to be t11e person(s) whosc name(s) ls/arc subscrlbed
to the wlthin instrument and acknowledgcd to me that hc/shc/they exccuted thc same In hls/her/thelr
autllorlzed capaclty(les), and thai by hlslher/their signature(s) on the Instrument the person(s) or the entlty
upon behalf of whlch the person(s) acted, executed the Instrument.
Ploce Norary Seal and/ar Stamp Abav"
I certlfy under PEN AL TY OF PER JURY under the
laws of thc Stntc of Callfornlfl that thc forcgoing
pmagraph Is true and corrcct.
WITNESS my hand ilnd officlnl scc1I
Slgnnturcd\/ __ ~-f O ~ ~ of NotC1ry Public
OPTIONAL
Complcting th1s i11formC1tion con dcter alteration of the docvment or
froudu/ent reC1ttachme11t of this form to cm unintended c/ocument.
Descrlptlon of Attached Document
Tltle or Type of Document.
Doc umcnt Date:
Slgner(s) Othcr Th,in Named Above:
Capaclty(les) Claimed by Signer(s)
Slgner's Name.
o Corporate Officer -Tltlc(s):
D Partner - D limited o Gcne«JI
o Atto, ney In Faet D lndlvldual
o Trustee o Guardian or Conservator
D Other.
Signer Is Representlng:
i;:2019 National Notary Associotion
4
Numberof Pages:
Slgncr's Nnme:
o Corporatc Officer -Tltlc(s): ______ _
o Pmtncr - D llmltcd o General
D lndlvldual D Attorney In Faet
o Trustce D Gumdinn or Conscrvator
o Othcr:
Signer Is Reprcsentlng:
Q:ICED\Admin\B&AIPROJECTS\PD 2022-0012; GR2022-0018 • Poff ADU_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 160 OF CARLSBAD TRACT NO. 84-35 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11672, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11 , 1986.
APN: 167-563-27-00