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Home My WebLink AboutCDP 00-62; Hamilton, John & Barbara; 2001-0727275; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 3% DIEGO mllw KErnER’S DFFXE Gkf:tiDRY 3. Wilir iiI.UNTY RErflHlER FEES: 0.00 -SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 156-350-I l-00 PROJECT NO. & NAME: CDP 00-62 Hamilton Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 395-5A) for development to occur on property described as (see attached Exhibit “A”), We, John P. and Barbara L. L. Hamilton, husband and wife as community property, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Masters/Forms/Hold Harmless AQt Drainage Rev. 1 z/08/98 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 3”’ dayof - &JfTksj ,2O 01 . PROPERTY OWNERS bara L. L. Hamilton, husband and wife as (Print Name and Title) Barbara L. L. Hamilton, wife as community property DatePrint P-J~;/~ Tie) (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 % BALL City Attorn 1 Ma?.terslFormsMold Hartriess Agt Drainage Rev. 1 m&98 State of California County of San Diego ) personally appeared J-oh R ?9iw7-;tiy J-4 &d?ew LA + (Name[s] of Signer[s]) . j-k-@ lfDvl I ~ l personally known to me -OR - . (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 be/&e/they executed the same in ,&s/h/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 & c b\ ‘!F re of ~ULCIIY I (This area for official notary seal) Title or Type of Document #zJd &mlPs* /+I Y . Date of Document Signer(s) other than named above I Masters/Forms/Hold Harmless A9t Drainage Ref. 1 z/08/98 . Exhibit “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER ON, JUNE 20, 1921, DESCRIBED AS PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED MAY 25,200O AS FILE NO. 2000- 0274476 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: , COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE NORTH O”02’OO” WEST ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 905.24 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO MARION A. HENRY, BY DEED DATED JANUARY 19,193l AND RECORDED IN BOOK 1865, PAGE 20 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID HENRY’S LAND NORTH 89”58’00” EAST, A DISTANCE OF 146.10 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO ALTON P. BRADFORD, RECORDED AUGUST 31, 1936 IN BOOK 536, PAGE 439 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SA.ID BRADFORD’S LAND NORTH 89”55’45” EAST, A DISTANCE OF 521.52 FEET MORE OR LESS TO A POINT l-N THE WESTERLY LINE OF PI0 PICO DRIVE, AS SHOWN AS OLIVE DRIVE ON SAID MAP NO. 1719, TO THE TRUE POINT OF BEGINNJNG; THENCE ALONG WESTERLY LINE NORTH 0’02’00” WEST, A DISTANCE OF 64.90 FEET; THENCE SOUTH 89”55’45” WEST, A DISTANCE OF 158.57 FEET; THENCE SOUTH 0’02’00” EAST, A DISTANCE OF 64.90 FEET; THENCE NORTH 89”55’45” EAST, A DISTANCE OF 158.57 FEET TO THE TRUE POINT OF BEGINNING, AS DESCRIBED AS PARCEL B IN CERTIFICATE OF COMPLIANCE RECORDED MAY 25,200O AS FILE NO. 2000-0274476 OF OFFICIAL RECORDS.