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HomeMy WebLinkAboutCDP 10-12; Smerud, Richard and Cynthia; 2011-0322389; Hold Harmless Agreement/ReleaseDOC 8 2011-0322389 RECORDING 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 JUN24.2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: APN 155-251-02 PROJECT ID: CDP 10-12 PROJECT NAME: 1099 Buena Vista RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 470-8A) for development to occur on property more particularly described as The Easterly half of Lots 10, 11 and 12 in Block B in the Re-subdivision of a portion of Sunny Slope Tract of Carlsbad, in the County of San Diego, State of California, filed in the office of the County Recorder of San Diego, according to Map thereof No. 995, recorded June 6, 1906. Together with all of Tuttle Avenue, vacated adjoining said property on the East. Excepting therefrom the Westerly 100.00 feet of the Easterly Half of Lots 10, 11 and 12. , I/We, Richard J. Smerud and Cynthia G. Smerud, Trustees of The Smerud Family Trust dated March 27, 1997, the owners 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 1 Q:\CED\LandDev\MASTERS\Agreements\Non-Secured Agreements\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc 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 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 ( day of .,20. OWNER(S) S. ofrt\ (Print Name and Title) Date: By: 7 SignHere) v /MS /M &/J // Date: (Print Name and Title) 6fa /// APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne Q:\CED\LandDev\MASTERS\Agreements\Non-Secured Agreements\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, personally appeared V-\CV\(\V^ Here Insert Name and Title of Nameb) of Signer(s) COMM, #1842070 z Notary Public • California § San Diego County My Comm, Expires Waj.26,20^3j Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)^ whose name(sHs7are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hepAheir authorized capacity(ies), and that by bis/h©f/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature J&AJfljA-of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ^\d Document Date: ^? ( II i ' Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact ^ Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact ^[Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1 -800-876-6827 Q:\CED\LandDev\MASTERS\Agreements\Non-Secured Agreements\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc