HomeMy WebLinkAboutCDP 03-12; Kirk Patrick Development LLC; 2005-1001321; Hold Harmless Agreement/ReleaseDOC # 2005-1 001 321
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
PROJECT NO. & NAME: CDP 03-12
Park Drive Kelly Residence
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NOV 18,2005 9:15 AM
OFFICIAL RECURUS
SAN DIEGU COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-192-34
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 428-3A) for
levelopment to occur on property described as Parcel B, an easement for road utility purposes
Ind drainage over, under, along and across that portion of Parcel 2, in the City of Carlsbad,
Zounty of San Diego, State of California, according to Map thereof No. 12773 of Parcel Maps,
iled in the Office of the County Recorder of San Diego County, June 20, 1983, INVe, Kirk
'atrick Development, LLC, a limited liability company, the owners of said property promise to
idemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from
ability for injuries to persons, or damage to or taking of property, directly or indirectly caused
ly the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the
oncentration of surface waters or drainage from the drainage system or other improvements
lentified in the approved plans; or by the design, construction or maintenance of the drainage
ystem 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
ssponsibility for such damage or taking. City shall not be an insurer or surety for the design or
onstruction of the improvements pursuant to the approved plans, nor shall any officer or
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Rev. 12/08/96 /Development SeNiceslMasters/Bonds & AgreeemntsIHold Harmless Agreement Drainage
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
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this 644
day of &{L, ,2005 .
PROPERTY OWNERS
Kirk Patrick Development. LLC. a limited liabilitv companv
By:
Ty /bssmann
(Print Name and Title)
Date: 7h6,,/05
Bv:
(Sign Here)
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by SUBDIVIDER 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.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
&City Ittobey v
Legal Description Attachment: Exhibit A
2 I H:/Development SeNiceslMasterslBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/96
County of
On 7 -Ab 45 before me, jPtflRIeA fYl . Rpfis&YJ ~JdmRy 'i3ob&, ' (Name, Titie of Officer) (Date)
personally appeared F-. 7"(/ Ros5mfihld -
(Name[s] of Signer[s])
n personally known to me -OR - -- 7
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
@e subscribed to the within instrument and acknowledged to me tha&he+they
executed the same in(@hHeir authorized capacity(ies), and that by @herfttreir
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document Hold HA Rk LG~S As ryymm RAidW I'
Date of Document 7- Z& -05 No. of Pages .T
Signer(s) other than named above
3 +/Development ServiceslMasterslBonds & AgreeemntslHold Harmless Agreement Drainage
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BERRVMAN 8 HENIGAR
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Parcel A;
Parcel 1. In the City of Carlsbad, County of San Diego, State of Colifornh, a8 shown at Page A2775 of Parcel Maps, filed In the offlce of the County Recorder of San Dkgo County, June 20,1983.
1': I !' easement far mad utility pwposes and dtalnrge over, under, along and across that portlo,n of Parcel 2, In the City of Carlsbad, County of San Diego, of Cdifom(r, IS shown et Page 12773 of Parcel Maps, filed in the offke of
I 'the County Recgrder of San Oiego County, June 20, 1983, designated and dellneat@ on saw Parcel Map as ''15 foot resewation for drainage Wlties and inoms and egress".
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* ASS=SorS Paeel NO.: 206492*34*00
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