HomeMy WebLinkAboutCDP 02-45; Mckee, Charles F.; 2006-0014591; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DGC# 2006-0014591
JAN 09, 2006 8:57 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 RY J. S MIT H.. CO IJ N T Y R E CO R D E R
FEES: 000
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 207-022-10
PROJECT NO. & NAME: CDP 02-45
Ocheltree Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 411-8A) for
development to occur on property described as attached Exhibit "A", I, Charles F. McKee, a
single man, the owner 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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Hi/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
It is further agreed that the above owner 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 fo uu&yji.s-V \ 20 e6 .
PROPERTY OWNER
Charles F. McKee, a sinale man
Charles F. McKee, Owner
. (Print Name and Title)
Date: §?/ / Ifi ^
By: N/A
(Sign Here)
N/A
(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
City Attorney
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H^'Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego
On
(Date)
personally appeared *_
me,
(Nalme, Title of Officer)
t*
(Name[s] of Signer[s])
l n personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person^) whose name(^)
is/are subscribed to the within instrument and acknowledged to me that he/s^e/th^y
executed the same in his/hpr/thjeir authorized capacity(ips), and that by his/hfer/tpeir
signatured) on the instrument the person(s), or entity upon behalf of which the person^
acted, executed the instrument.
WITNESS my hand and official seal
OFFICIAL SEAL
DAREN VASS
NOTARY PUBLIC-COMM. NO.
SANDfEQO
MYCOMM. EXP MOV 3 2006
(This area for
official notary seal)
I
Title or Type of Document «T»^7 ]fyiw&f-f£ fatftektfA/ttfl $PfoMA(**-^
Date of Document ^T^V^No. of Pages ?
Signer(s) other than named above
H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of California,
described as follows:
That certain portion of Lots 18 and 19 in Block "G" of Bellavista in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 2152, filed in the
Office of the County Recorder of San Diego County, March 7, 1929, described as follows:
Beginning at a point on the Northwesterly line of said Lot 19 said point being also the
Southwesterly comer of Lot 15 in said Block "G" of said Bellavista; thence along the
Southeasterly prolongation of the Southwesterly line of said Lot 15, South 24° 58' 50" East,
52.32 feet; thence South 66° 10' 55" West, 180.72 feet to a point on the Easterly line of
Hillside Drive as said Hillside Drive is shown on said Map No. 2152; thence along said
Easterly line North 40° 20' West, 76.14 feet to a point on the Easterly prolongation of the
Northerly line of the Southerly 5.00 feet of Lot 1 in Block "F of said Bellavista; thence along
said Easterly prolongation North 76° 30' 16" East, 170.69 feet to a point on the
Northwesterly line of said Lot 19 in said Block "G"; thence along said Northwesterly line
North 49° 40' East, 34.81 feet to the point of beginning.
Assessor's Parcel Number: 2O7-O22-10
COP 02-45
Ocheltree Residence