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HomeMy WebLinkAboutMS 04-10; Jennings, Robert and Deborah; 2007-0262800; Hold Harmless Agreement/Release8800 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DGC# 2007-0262800 APR 18, 2007 11:55 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH. COUNTY RECORDER FEES: 16.00 PAGES: 4 800 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-260-06-00 PROJECT NO. & NAME: MS 04-10 Jennings Minor Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 439-8A) for development to occur on property described as (see attached Exhibit "A"), according to Map thereof No. APN: 205-260-06-00 , I/We, Robert K. Jennings and Deborah A. Jennings, 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\MS FILES\MS 04\MS 04-10 Jennings - O'Neal PBSJVBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(439-8) doc Rev. 12/08/98 6801 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 Mh/e^b&S~ . 2Qt?6. PROPERTY OWNERS Robert K. Jennings and Deborah A. Jennings, husband and wife as to an undivided 75°/g ifilerest, as tenants in common and Robert K. Jennings ^cLBeborah A. Jennings, husband and wife as joint lehafits^ag to aayQdivtded 25% interest. K. Jennings, tenant in common and joint tenant (Print Name and Title) Date: By: Deborah A. Jennings, tenant in common and joint tenant (Print 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 Deputy City Attorneyn\ev~ 2 ^Development Services\PROJECTS\MS FILES\MS 04VMS 04-10 Jennings - O'Neal PBSJVBonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE(439-8).doc Rev. 12/08/98 8802 State of California County of San Diego On j (DateJ personally appeared , )<f?(//Abefore me, <f?//A) Kfi&l K. V<<g/W/U^5 (Name, Title" of Officer) A_ (Name[s] of Signer[s]) ,. n personally known to me -OR - I (proved to me on the basis of satisfactory evidence) to be the personjs) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature^ on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. 5wvwvwvvvvw«~~^ WITNESS my hand and official seal Signature oTNotary COMM. #1501619 NOTARY PUBLIC .CALIFORNIA SAN DIFGO COUNTY pires July 18, 2008 j (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\MS FILES\MS 04VMS 04-10 Jennings - O'Neal PBSJ\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(439-8).doc Rev. 12/08/98 f. 8803 Exhibit "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Tract 256 of 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 on the center line of County Avenue being North 87°57'30" East, a distance of 528.90 feet from a concrete monument at the point of intersection of said center line of County Avenue and center line of Monroe Avenue; thence North 87°57'30" East along said center line of County Avenue 165.76 feet, more or less, to the Northwest corner of land conveyed to the Oceanside Mutual Water Company by deed dated December 31,1923 and recorded April 11, 1924 in Book 994, Page 303 of Deeds; thence South 23°33'00" East along the Southwest boundary line of said land so conveyed a distance of 200.88 feet to a point on the Southeasterly line of said Tract 256, said point being also the Southwesterly comer of the land conveyed to the Oceanside Mutual Water Company above referred to; thence South 26°11'00" West along said Southeasterly line of said Tract 256, a distance of 202.11 feet, more or less, to a point which is South 23°33'00" East of point of beginning; thence North 23°33'00" West, a distance of 392.28 feet, more or less, to the true point of beginning. Excepting therefrom that portion thereof lying Northwesterly of the following described line: Beginning at the Northeasterly comer of the above described parcel of land; thence along the Northeasterly line of said land South 23°33'00" East, 115.88 feet to the true point of beginning of the herein described line; thence at right angles South 69°27'00" West to the Southwesterly line of the above described parcel of land. APN: 205-260-06-00