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Home My WebLink AboutSDP 02-13; City of Carlsbad; 2005-1001317; Hold Harmless Agreement/ReleaseDOC # 2005-1 001 31 7 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I11ll1111 lil IIIII 11111 1111111111111111111111111 11111 111ll11lll1111 Ill1 NOV 18,2005 9:15 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 5 I lHlll1111 Ill11 Ill11 Ill11 HI11 lllll nil1 1111 Ill11 Ill11 1111 Hlll Ill11 111 1111 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 215-020-27 PROJECT NO. & NAME: SDP 02-13 Carlsbad Familv Housina HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 433-34) for development to occur on property described as beginning at the northeasterly corner of the south 10 acres of said fractional northeast quarter of the southwest quarter; thence along the northerly line of said south 10 acres westerly to an intersection with the easterly line of road Survey No. 1800-1, as described in a deed to the county of San Diego, recorded December 18, 1969 as File No. 230092 of official records; thence southerly along easterly line of said road survey no. 1800-1 to an intersection with the south line of said south 10 acres; thence easterly along said south line to the east line of said northeast quarter of the southwest quarter; thence northerly along said east line to the point of beginning , according to Map thereof No. 215-020- 27, INVe, City of Carlsbad, a Municipal 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 1 H:/Development ServicesfMasierslBonds 8 AgreemenWHold Harmless Agreement Drainage Rev. 12/08/98 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/96 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. s; - IN WITNESS WHEREOF, the undersigned has executed this instrument this PROPERTY OWNERS CITY OF CARLSBAD. A MUNICIPAL CORPORATION By: FOR Ray Patchett, City Manager (Print Name and Title) Date: Bv: (Sign Here) I (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@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 3 I H:/Developmnt SeM'CeS/MaSters/BOfldS & AgreemenWHold Harmless Agreement Drainage State of California ) 1 County of San Diego 1 On IllO\rw&y\;m before me, Phcin L &esCe& do +&vu kb\, L 3 (Date) ' (Nahe, Title of Officer) (Name[s] of Signer[s]) personally appeared \ \S-I & \& fnnl l$personally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the personH) whose named is/aFe subscribed to the within instrument and acknowledged to me that hekhelthq executed the same in Mher/tM authorized capacity(1 ), and that by M/her/tM F signature$ on the instrument the person , or entity upon behalf of which the person( acted, executed the instrument. PATRlClA L. CRESCENT1 Commission # 1358082 Notary Public - Cslibmia WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document sp,-l~,-& [*\g,ttrrnY ,TI le 5 2 Date of Document m- Qf NO. of Pages L3 Signer@) other than named above .-- 4 HKJevelopment ServicedMasterdBonds 8, Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98 , ., .- EXHIBIT "A" ALL THAT PORT'XON OF IFWU~TIONAL NORTREAST QUARTER OF SECTION 23, TOWNSHIP 12 1 SOUTH, WGE 4 WEST, SAN BERNARD330 MERIDIAN, M TWE CITY OF CAIUlSBAD, COUNTY OF SAN DXEGO, STATE OF CALIFORNIA, ACCORDDTG TO THE OFFICIAL PLAT TmREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTREASTERLY CORNKR OF THE SOUTH 10 ACRES OF SAID FRACTIONAL NORTHEAST QUARTSR OF THE SOUTHWEST QUARTSR; TWENCE ALONG THE NORTREZLY LINE OF SAID SOUTH 10 ACRES WESTERLY TO AN INTER;;X!TION WITEI THE EASTERLY LINE OF ROAD SUWEY NO. OF SAN DIEGO, R!ZCORDED DECEMBER 18, 1969 AS FILE NO. 230092 OF OFFfCIA5 R?3CO€!DS; THENCE SOUTHEXLY ALONG EASTERLY LINE OF SAID ROAD SURVEY NO. 1800-1 TO AN INTERSECTION WITH THE SOUTH LIlQ3 OF SATD SOUTH 10 ACRES; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EAST Lm OF SAID NORTHWT QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE TO TEE POINT OF BEGINNING. 1800-1, AS DESCRIBED IN A DEED TO THE COUWY 23.5-020-27) -.