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Home My WebLink AboutMS 05-20; Lea, Ron and Jillian; 2006-0911341; Hold Harmless Agreement/Release5103 DOC# 2006-0911341 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DEC 26, 2006 11:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES' 000 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.:156-231-26 and west 32' of 27 PROJECT NO. & NAME: MS 05-20 LEA MINOR SUBDIVISION HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval for development to occur on property described ,\>vV ft as (see attached), according to Map thereof No. APN 156-231-26 and west 32' of 27, I/We, Ron Lea and Jillian Lea, husband and wife as joint tenants, 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. H:\Developmenl Services\PROJECTS\MS FILES\MS 05\MS 05-20 Lea Minor Subdivision - Riddle\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE FORM.doc Rev. 12/08/98 5104 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 2.[ day of V\&M.- 20 Of, • PROPERTY OWNERS Ron Lea aflcRJtllian Uea, husband and wife as joint tenants 1 (Sign Here) Ron Lea Date: By: _ (Print Name and Title) PfA ^(Sign Here) Jillian Lea Date: 5l (Print Name and Title) O(o (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 iSsistapLCitv Attorney H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-20 Lea Minor Subdivision - RiddleVBonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE FORM.doc Rev. 12/08/98 5105 State of California ) ^\v e,v>'.Ae-. ) County of SarrBtegrr ) On 5-2,1-Qfa before me, (Date)(Name OriVu me, Title of Officer) personally appeared OunHL CT\ I U CLn (Name[s] of Signer[s]) personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) 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(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ELISA C. MOORE Commission # 1554225 Notary PubBc-CaHtomta Riverside County My Comm. Expires Fob 21,2 Signature of Nota/y (This area for official notary seal) Title or Type of Document Ho\d HdWY Date of Document O* 2-i ' 0(/ ^ l£f*s A Ctrezmonl- - Dr^ tn /i^^ 0 " 1 No. of Pages 2, Signer(s) other than named above H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-20 Lea Minor Subdivision - Riddle\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE FORM.doc Rev 12/08/98 EXHIBIT "A" f 5106 Page i DESCRIPTION Order No. 53050445 PARCEL 1 OF PARCEL MAP NO. 15737, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON JULY 18, 1989, TOGETHER WITH A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD OF SAID COUNTY OF SAN DIEGO, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID NORTHWEST QUARTER SOUTH 89°59'00" EAST 2462.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°56'58" EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 15737, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 18, 1989 AND ITS NORTHERLY PROLONGATION, 148.05 FEET; THENCE SOUTH 89°51'35" WEST 32.00 FEET TO SAID EASTERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 15737; THENCE SOUTH 00"56'58" EAST 12.39 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 89°59'00" WEST 121.11 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 00°55'00" WEST 130.52 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 89°59'00" EAST 121.04 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTH OO°56'58" WEST 30.00 FEET TO SAID NORTHERLY LINE OF SECTION 6; THENCE SOUTH 89°59'00" EAST 32.00 FEET TO THE TRUE POINT OF BEGINNING.