HomeMy WebLinkAboutCT 14-09; Shea Homes Limited Partnership; 2017-0458804; Hold Harmless Agreement/ReleaseRECORDING 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
DOC# 2017-0458804
11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111
Oct 04, 2017 03: 12 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $27 00
PAGES. 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: Parcel B: Lot 30: ~i~"" 213-262-07-00 V PROJECT ID: -C-T-14--0-9 _______ _
PROJECT NAME: Uptown Bressi, Mass Grading
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plans (DWG 502-BA, DWG 502-8B)
for development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, Shea Homes Limited Partnership, a California Limited Partnership, the owner(s) 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.
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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.
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\IFILES01V\Departments\CED\LandDev\PROJECTSICTICT 14\CT 14-09 Uptown Bressi -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE PARCEL B doc
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IN WITNESS WHEREOF, the undersigned has executed this instrument this
\ 5 yV'\_ day of '.Svfl QO'.f\~n , 20...._l J........._ __ _
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
RON KEMP
Assistant City Attorney
City of Carlsbad
OWNER(S)
Shea Homes Limited Partnership, a California Limited
Partnership
By:
(Sign Here)
Dennis Schroeder, Authorized Agent
(Print Name and Title)
Date:
By:
~/
.. s / zo ,-,, ~ ~ -d
(Sign Here)
Paul L. L. Barnes, Vice President
(Print Name and Title)
Date:
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IIFILES01V\Departments\CED\LandDev\PROJECTSICT\CT 14\CT 14-09 Uptown Bressi -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE PARCEL B.doc
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on September 15, 2017 before me, Patty Rivas, Notary Public
(insert name and title of the officer)
personally appeared Paul L.L. Barnes and Dennis Schroeder
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )e(are
subscribed to the within instrument and acknowledged to me that ~sJiue/they executed the same in
~/their authorized capacity(ies), and that by )q~/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
I Ji I / ..
Signature~ (Seal)
r ..... ~ PATTYRIVAS ~f j · '· Commission No. 2130542 o
<.> . NOTARY PUBLIC -CALIFORNIA I f · SAN DIEGO COUNTY -
t. COllllnission Expires November 13, 201_9.J
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
TENTATIVE PARCEL MAP/TRACT NO. {UPTOWN BRESSI), BEING A DIVISION OF THE FOLLOWING:
PARCEL B:
LOT 30 OF CARLSBAD TRACT CT 02-15, BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005.
APN: 213-262-07-00