HomeMy WebLinkAboutCT 02-28; Powers, Jeffrey; 2007-0603869; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
f*
DQC# 2007-0603869
SEP 13, 2007 3:13 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH. COUNTY RECORDER
FEES: 16.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-190-47-02
PROJECT NO. & NAME: CT 02-28
La Costa Condominiums
(Jeffrey A. Powers, Grant Deed)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 422-4B ) for
development to occur on property described Exhibit "A", I/We, Jeffrey A. Powers, an unmarried
man (according to a Grant Deed recorded January 23, 2003 as File No. 2003-0083305 of
Official Records), 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
H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE - Powers
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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
._ ,1 / ,
day of jyv lj,M , 20fr/.
PROPERTY OWNERS
Jeffrey A Powers, an unmarried man
By: _
/ (Sign Here)
Jeffrey A. Powers, an unmarried man
(Print Name and Title)
Date: Q Jijj y
By: _ /
(Sigrf Here)
r t Name and Title)
7
(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
Deputy City Attorey
2
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State of California
County of San Diego
On
(Date)
personally appeared
before me,
(Name, Title of Officer)
(Name[s] of Signer[s])
_,. D personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person($) whose name($
is/aca subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/hefftheir authorized capacity(iee}, and that by his/hor/thoir-
signaturefls) on the instrument the person(f), or entity upon behalf of which the person(s,)
acted, executed the instrument.
WITNESS my hand and official seal
ROBERT E. ANDERSON
Commission # 1527400
Notary Public « California
San Diego County
My Comm. Expires Dec. 14, 2008
o
Signature of Notary
(This area for
official notary seal)
Title or Type of Document ^^^A^^djL^^J
Date of Document ^v ^>-f^\ 'tr*'
Signer(s) other than named above
No. of Pages i
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EXHIBIT "A"
PARCEL 1:
AN UNDIVIDED ONE-HALF INTEREST IN AND TO PARCEL 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT
PAGE 6938 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF DIEGO COUNTY, FEBRUARY 24, 1978
EXCEPTING THEREFROM THE FOLLOWING:
(A) CONDOMINIUMS UNITS NOS. 1 AND 2 AS SHOWN UPON THE AMENDED
PARCEL 1 OF PARCEL MAP NO. 6938, CONDOMINIUM PLAN, RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON FEBRUARY 21,1979 AS FILE NO. 79-076155 OF OFFICIAL
RECORDS.
PARCEL 2:
CONDOMINIUM UNIT NO 2 AS SHOWN UPON THE CONDOMINIUM PLAN
REFERRED TO ABOVE.
APN: 216-190-47-02