HomeMy WebLinkAboutCDP 02-24; Kirk Patrick Development LLC; 2005-1001322; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC 2005-1 001 322 I111111ll Ill llllll11lllllll1llllIIIlllIIllllllllllllllllllllllllll Ill1
NOV 18,2005 9:15 AM
OFFICIAL RE CORDS SAN DlEGU COUNTY RECORDER’S OFFICE GREGOR‘I’J SMITH COUNTI’RECORDER -_-. ttES: 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL N 0. : 206-1 92-38-00
PROJECT NO. & NAME: CDP 02-24
St. Claire Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG 412-2A) for
development to occur on property described as attached Exhibit “A’, (I)We, Kirk Patrick
Development, LLC, a California limited liability company, the owner(s) 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.
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H:/Developrnent ServiceslMasterslBonds 8 AgreeernntslHold Harmless Agreement Drainage Rev. 12/08/98
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.
Ti IN WITNESS WHEREOF, the undersigned has executed this instrument this 26
PROPERTY OWNERS
Kirk Patrick DeveloDment, LLC, a California limited liabilitv
comDanv 17
By: 4.4.-4g- 4
(Sign Here)
I7 7L, gos5haMn MAMq Cj W''
t (Print Name and Title)
Bv:
(Sign Here)
(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(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
&et&mfCitv Atthey I.
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H:/Developrnent Services/MasterslBonds & AgreeemntsiHold Harmless Agreement Drainage Rev. 12/08/98
State of CaEu ;
County of hrd3egp 1
,&i On 5 - &2kus before me, fi&?&.u&?
personally appeared . t,& EkWYh
(Name, Title ofbfficer) (Date)
m
(Name[s] of Signer[s])
I F personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(S)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by hidherhheir
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
(This area for
official notary seal) Y Signltud of Notary
Title or Type of Document PQ I U a Date of No. of Pages
Document
c- Signer(s) other than named above
.
EXHIBIT “A3
LEGAL DESCRIPTION
Parcel 1 in the City of Carlsbad, County of San Diego, State of California, as
shown at Page 10178 of Parcel Maps, filed in the Office of the County Recorder
of San Diego County, June 27, 1980.
Excepting therefrom that portion described in a partial reconveyance was
recorded November 22, 1988 as File No. 88-601290 of Official Records more
particularly described as follows:
That portion of Parcel 1 of Parcel Map No. 10178, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, June 27, 1980 as File No. 80-204290 of Official Records,
described as follows:
Beginning at the most Northerly corner of said Parcel 1; Thence along the
boundary thereof South 15e 29’ 38” East 68.79 feet; Thence South 24g 29’ 41”
West 124.55 feet to an angle point therein; Thence leaving said boundary North
20g 30’ 07” West, 32.49 feet; Thence North 24Q 29’ 41” East, 50.68 feet; Thence
North 1 le 58’ 08” West, 35.74 feet; Thence North 24g 29’ 41” East, 74.87 feet to
the point of beginning.
APN: 206-1 92-38-00
EXHIBIT “A
CDP 02-24