HomeMy WebLinkAboutCDP 04-57; Sohei, Lorigene; 2006-0014590; Hold Harmless Agreement/ReleaseDOC# 2006-0014590
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JAN 09, 2006 8:57 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 156-351-06
PROJECT NO. & NAME: SOHAEI RESIDENCE
CDP 04-57 CB05-2088
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a building permit (Plan No. CB 05-2088) for
development to occur on property described in Exhibit "A" and generally located at 2359 Pio
Pico Drive. I, Lorigene Sohei, 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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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 tf — Z, ~ 2QO\~~
PROPERTY OWNER(S)
Loriaene Sohaei. Trustee of the Farlor Family Trust
Dated-November 10, 1997Cu^ . it?
Here)
LORIGENE SOHAEI
(Print Name and Title)
Date: ^"oL-OS
By:
(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
City Attorney
BV: JQJUI
-Assistant City Attorney
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State of California )
)
County of San Diego )
On Q-2-O^ before me, G. inn
(Date)
personally appeared
(Name, Title of Officer)
. i>
(Name[s] of Signer[s])
_, n 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 he/^f^/they
executed the same in his/lj^their authorized capacity(ies), and that by his/£fjftheir
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
Signature of Notary \3
*< c.M. MORGANS!
•& COMM.* 1474003 «
3TARY PUBLIC-CALIFORNIA W
SAN DIEGO COUNTY 0
COMM. EXP. MARCH 23,2008 -*
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:/Development Services/Masters/Bonds & Agreeemnts/HokJ Harmless Agreement Drainage Rev. 12/08/98
EXHIBIT "A"
THE NORTHERLY 145 FEET OF THE SOUTHERLY 285 FEET OF THE EASTERLY
382 FEET OF THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS, 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 OF SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CONCRETE MONUMENT MARKING THE SOUTHWEST
CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID
TRACT 7, NORTH 0° 02' WEST A DISTANCE OF 603.37 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG AFOREMENTIONED WESTERLY
LINE OF SAID TRACT 7; NORTH 0° 02' WEST A DISTANCE OF 301.87 FEET TO
THE NORTHWEST CORNER OF THE LAND CONVEYED TO JOSEPH N.
BRADFORD AND LAURA F. BRADFORD, BY DEED DATED FEBRUARY 19, 1929
AND RECORDED IN BOOK 1601, PAGE 263 OF DEEDS; RECORDS OF SAN DIEGO
COUNTY; THENCE NORTH 89° 58' EAST ALONG THE NORTHERLY LINE OF SAID
BRADFORD'S LAND A DISTANCE OF 146.10 FEET TO AN ANGLE POINT
THEREIN; THENCE LEAVING SAID NORTHERLY LINE, NORTH 89° 55'45" EAST A
DISTANCE OF 521.52 FEET TO A POINT, SAID POINT BEING ON THE WESTERLY
LINE OF OLIVE DRIVE; THENCE ALONG THE WESTERLY LINE OF OLIVE DRIVE,
SOUTH 0° 02' EAST A DISTANCE 302.80 FEET; MORE OR LESS, TO AN
INTERSECTION WITH A LINE THAT BEARS SOUTH 89° 59' EAST FROM THE
POINT OF BEGINNING; THENCE NORTH 89° 59' WEST A DISTANCE OF 667.62
FEET TO THE TRUE POINT TO BEGINNING.
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