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Home My WebLink AboutCB 09-759; Johnston Jr, Richard B; 2009-0682218; Hold Harmless Agreement/ReleaseDOC# 2009-0682218 i'b ; 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:5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-271-34-00 PROJECT ID: CB 09-759 PROJECT NAME: JOHNSTON RESIDENCE RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (CB 09-0759) 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 ^/a-z^TyT^j^^O , 20 0?. OWNER(S) Richard B. Johnston, Jr., a single man By: _ (SjgrTHere)S Richard B. Johnston, Jr. (Print Name and Title) (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy 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 FILESNCB 09-759_756 Johnston Homes - Lawrence_Ontiveros\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc EXHIBIT "A" PROPERTY DESCRIPTION Parcel A 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 09-759 Johnston Residence CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of •->a-^v u rin p4<5V/'- c*0,Un j y Date personally appeared before me, Here Insert Name and Title oNhe Officer V itle o li ' Name(s) of Signer(s) ITitlC I. ROWUEY # 177MM Notaiy Pubic-CoNlomto I Son Otcgo County s who proved to me on the basis of satisfactory evidence to be the person(s/whose name(s) is/an/subscribed to the within instrument and acknowledged to me that he/sfjeVthe^ executed the same in his/hef/the/r authorized capacity(ie^, and that by his/her/the/ signature^ on the instrument the person^, or the entity upon behalf of which the person(9) 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. Place Notary Seal Above 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: CK(T \ S S - . Number of Pages:: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee n Guardian or Conservator D Other: RIGHTTHUMBPRINT 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 ® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item f 5907 Reorder: Call Toll-Ftee 1 -800-876-6827 BEST GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Teri L. Rowley Commission Number: 1773534 Date Commission Expires: October 15. 2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature: ( IALLA^^L y/M&M- City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: Rec. Form #R10 (Rev.7/96)