HomeMy WebLinkAboutCT 05-05; KB Homes Costal; 2008-0388483; Hold Harmless Agreement/ReleaseDGC# 2008-0338483
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JUL21,2008 12:24 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OF-ICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-112-08,37
PROJECT NO. & NAME: CT 05-05
La Costa Greens, N. 1.16
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 444-2A) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No. APN 213-112-08,37, I/We, KB Home Coastal Inc., a California Corporation, 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 FILESVCT 05\CT 05-05 La Costa Greens N. 1.16 - Wickham\Bonds and AgreementtHOLD HARMLESS AGREEMENT
DRAINAGE(DWG 444-2AJ.doc
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 _J
day of hAy 20 o¥ .{
PROPERTY OWNERS
KB Home Coastal Inc., a California Corporation
By:
(Sign Here)
(Jf LdA/b
(Print Name and Title)
Date:
By:
(Sign Here)
int 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
)eputy City Attorney
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-05 La Costa Greens N. 1.16 - Wickham\Bonds and AgreementtHOLD HARMLESS AGREEMENT
DRAINAGE(DWG 444-2Aj.doc
Certificate of Acknowledgement
State of California
County of Riverside
On May 21. 2008 before me, Pamela K. Meserole. Notary Public, personally
appeared Michael H. Freeman Jr. who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf
of which the person 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:
PAMELA K. MESEROLE
COMM.#15'i9506
(7. { _, -*--U3 I Notary Public-California
LU\/,^Y/ RIVERSIDE COUNTY
1 \ »%.y MyComm.'Exp.Qct15,2008
Exhibit "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 16 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12,
2003.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 19754, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY JUNE 9, 2005.
APN: 213-112-08-00 and 213-112-37-00 and 213-112-38-00
First American Title
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT
TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: Pamela K. Meserole
Commission Number: 1519506 Date Commission Expires: 10/15/08
County Where Bond is Filed: Riverside
Manufacturer or Vendor Number: ESI1
(Located on both sides of the notary seal border)
Signature:.City of Carlsbad
Place of Execution: Office of the City Clerk/City of Carlsbad Date: 7-17-08
Rec. Form #R10 (Rev.7/96)