HomeMy WebLinkAboutCB 09-756; Johnston Jr, Richard B; 2009-0682219; Hold Harmless Agreement/ReleaseDOC# 2009-0682219
RECORDING 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
DEC 09, 2009 2:49 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 155-271-35-00
PROJECT ID: CB 09-756
PROJECT NAME: JOHNSTON RESIDENCE
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (CB 09-0756) for
development to occur on property more particularly described in attached Exhibit "A", I/We,
Richard B. Johnston, Jr. a single man, 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.
1
H:\Development Services\PROJECTS\CB FILES\CB 09-759_756 Johnston Homes - Lawrence_Ontiveros\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc
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 Xy^rtgW^^e? . 20 &J .
OWNER(S)
Richard B. Johnston, Jr., a single man
By:9? c
(Signjpfe)
Richard B. Johnston, Jr.
(Print Name and Title)
Date:
By: _
'(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
)eputy City Attorney
(Proper notarial acknowledgment of execution by owner(s) 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.)
H:\Development Services\PROJECTS\CB FILES\CB 09-759_756 Johnston Homes - Lawrence_Ontiveros\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc
EXHIBIT "A"
PROPERTY DESCRIPTION
Parcel B of Parcel map no. 4382, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof on file with the office of the County
Recorder of said County, being a portion of Lots 13, 14, 15 and 16 of Block 7 of
Sunnyslope Tract, according to Map No. 486, filed in the office of the County
Recorder of said County, together with the Easterly half of the alley and the
Westerly half of Turtle Street (vacated and closed to public use) adjoining said
lots on the West and East which lies South of Knowles Avenue according to
Sunnyslope Tract map No. 995, filed in the office of the County Recorder of said
County.
CB 09-756
Johnston Residence
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Date'
personally appeared
Name(s) of Signer(s)
TERIE L. ROWLEY
Commission * 1773534
Notary Public - California
San Diego County
1
I
t
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(ff) is/ape subscribed to the
within instrument and acknowledged to me that
he/sbe7they, executed the same in his/hef/th^ir authorized
capacity(ie^s), and that by his/h^r/thefr signature(9) on the
instrument the person(^f, or the entity upon behalf of
which the person(sj 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.
Signature
OPTIONAL
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
kG (jSS-JH(- 3s
. Number of Pages:.: "t
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:.
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
O2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 81313-2402 • www.NatlonalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827