No preview available
HomeMy WebLinkAboutCDP 10-18; CAVANAUGH, WILLIAM J; 2011-0169849; Hold Harmless Agreement/ReleaseDOC it 2011-0169849 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 APR 01, 2011 1:07 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-280-16 PROJECT ID: CDP 10-18 PROJECT NAME: William J. Cavanaugh RELATED PROJECT ID: CB 10-2124 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan CB 10-2124 for development to occur on property at 1369 Magnolia Avenue and more particularly described in Exhibit A attached hereto and incorporated herein by reference, 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 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 -N^-WC _ , 20 OWNER(S) WILLIAM J. CAVANAUGH By: (Sign Here) .V\»tV*V ^ ( ftVtttfrUy Q ( (Print Name and Title) Date:-H-!L APPROVED AS TO FORM: RONALD R. BALL City Attorney By: )eputy City Attorney' (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.) F:\KATHY\KATHY\HaulRoutes\MagnoliaHoldHarmless 1 -28-08.doc EXHIBIT A THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9,1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°2POO" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180, PAGE 305 OF DEEDS; THENCE SOUTH 28*39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 1121, PAGE 465 OF DEEDS; THENCE SOUTH 61°2rOO" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27C27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61°21 '00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT jBe@S@S@S@SJSS@S@S3 State of California County of D*e personally appeared J.M.SODER § COMM. #1880258 2 NOTARY PUBLIC - CALIFORNIA 2 «3£X SAN DIEGO COUNTY y ^^^My Comm. Expires Feb 22 2014J who proved to me on the basis of satisfactory evidence to be the perscn(4) whose name^ is/afesubscribed to the within instrument and acknowledged to me that he/sbe/th% executed the same in his/hA#helr authorized capacity(&0, and that by his/he#thgtr signature^ on the instrument the person^), 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. Place Notary Seal Above Signature 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: Document Date: .__. Number of Pages:. Signer(s) Other Than Named Above: 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 D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©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 F:\KATHY\KATHY\HaulRoutes\MagnoliaHoldHarmless 1 -28-08.doc