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HomeMy WebLinkAboutMS 10-04; Cavanaugh, William J; 2012-0131253; Hold Harmless Agreement/ReleaseDOCtt 2012-013 I 253 11 RECORDING REQUESTED BY MAR 06, 2012 3:56 PM WHEN RECORDED MAILTO: OFFICIAL RECORDS City Clerk SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk Ernest J. Dronenburg, Jr., COUNTY RECORDER CITY OF CARLSBAD FEES: 0.00 1200 Carlsbad Village Dr. PAGES: 4 Carlsbad, CA. 92008 Iiiiiiii SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 205-280-16 PROJECT NO. & NAME: MS 10-04 HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of Minor Subdivision No. 10-04 for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) William J. Cavanaugh, an unmarried man, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. /// /// /// /// /// /// /// /// /// 1 Q:\CED\LandDev\PROJECTS\MS\MS 10\MS 10-04 1369 Magnolia Avenue - Bobbett\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS (DWG 472-5A).docx Rev. 3/11/09 APPROVED AS TO FORM 3/25/09 This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this ^ day of 20. I APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 'Dep^Cil Deputy City Attoi|iey PROPERTY OWNERS William J. Cavanaugh ried man William J. Cavanaugh, owner (print name and title) Date: By: (sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Q:\CED\LandDev\PROJECTS\MS\MS 10\MS 10-04 1369 Magnolia Avenue - Bobbett\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS (DWG 472-5A).docx Rev. 3/11/09 APPROVED AS TO FORM 3/25/09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } before me.^^^^^^gjp\"sr:x^>i ^ C^AV^^sc^v-;. Dat? \ Here Insert Name and Title ot the Officer i Date personally appeared Name(s) of Signer(s) 1 OFFICIAL SEAL STEPHANIE DEL ROSARIO ^ (NOTARY PUBLIC-CALIFORNlAg COMM.NO. 1911774 ^ SAN DIEGO COUNTY MY COMM. EXP. NOV. 2,2014 J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/^ subscribed to the within instrument and acknowledged to me that he/^!5»^lw executed the same in his/Jp8(f^h^ authorized capacityOes), and that by his/fl)^Rftl>C«r 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 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. Place Notary Seal Above Signature OPTIONA Signature of Notary Public Though the information below is not required by law, ii may prove valuable to persons relying on the document and could present fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:''V\o\<A I \c>jrw^\-«^'sS> H\7^> Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Tdl-Ftee 1 -800-876-6827 Rev. 3/11/09 APPROVED AS TO FORM 3/25/09 EXHIBIT "A' LEGAL DESCRIPTION THAT PORTION OF TRACT 241 OF THE THUM LANDS, IN THE CUY 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 IN THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS SOUTH 61°21'00" WEST, A DISTANCE OF 136.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF M^^GNOLIA AVENUE WITH THE CENTER LINE OF HIGHLAND STREET, SAID POINT BEING ALSO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO RENHOLD BARTHEL AND GERTRUDE F. BARTHEL BY DEED DATED APRIL 24, 1926 AND RECORDED IN BOOK 1180. PAGE 305 OF DEEDS; THENCE SOUTH 28°39'00" EAST ALONG THE WESTERLY LINE OF SAID BARTHEL'S LAND, A DISTANCE OF 318.55 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND CONVEYED TO CARL GUSTAVE SCHLEGEL AND MARION B. SCHLEGEL BY DEED DATED DECEMBER 24, 1925 AND RECORDED IN BOOK 112L PAGE 465 OF DEEDS; THENCE SOUTH 61 °21 '00" WEST ALONG THE NORTHERLY LINE OF SAID SCHLEGEL'S LAND, A DISTANCE OF 126.53 FEET; THENCE NORTH 27°27'30" WEST, A DISTANCE OF 318.62 FEET TO THE POINT IN THE CENTER LINE OF MAGNOLIA AVENUE; THENCE NORTH 61°21'00" EAST ALONG THE CENTERLINE OF MAGNOLIA AVENUE, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. APN: 205-280-16 END OF LEGAL DESCRIPTION