HomeMy WebLinkAboutCDP 05-21; McKenna Capital Inc; 2006-0557335; Hold Harmless Agreement/ReleaseV
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DQC# 2006-0557335
AUG07, 2006 12:34 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 16.00
PAGES: 4
2006-0557335
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-192-28
PROJECT NO. & NAME: CDP 05-21
Kellas Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 439-3A) for
development to occur on property described as (see attached Exhibit "A"), according to Map
thereof No. 206-192-28 , I/We, McKenna Capital Incorporated, a Nevada Corporation, 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
H:\Development Services\PROJECTS\CDP FILESVCDP 05\CDP 05-21 Kellas Residence - Juchniewicz\HOLD HARMLESS AGREEMENT DRAINAGE(439-3A).doc
Rev. 12/08/98
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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
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 <3H?^& ,;
PROPERTY OWNERS
McKenna Capital Incorporated, a Nevada corporation
By:
(Sign Here)
Bill Kellas, President
(Print Name and Title)
Date:
By:
(Sign Here)
Laurie Kellas, Secretary
(Print Name and Title)
Date: & ~/3~
(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
By:.
Deputy City Attorney
2
H:\Development Services\PROJECTS\CDP FILES\CDP 05VCDP 05-21 Kellas Residence - Juchniewicz\HOLD HARMLESS AGREEMENT DRAINAGE(439-3A).doc
Rev. 12/08/98
5137
)State of California
County of San Diego )
i^2C&On efore me.
(Date)
personally appeared W/tNQwi t\*
(Naprte, Title of Officer)
"T.
(Name[s] of Signer[s])
_, Or poroonally known to me -OR -\^
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
i
ip/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in -hic/horftheir authorized capacity(ies), and that by his/herftheir
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
OFFICIAL SEAL
ASH NICKLE 1
NOTARY PUBLIC-CALIFORNIAS
COMM. NO. 1538900 "
SAN DIEGO COUNTY •
MY COMM. EXP. DEC. 26, 2008 I
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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Rev. 12/08/98
, • c f
File No: 03717119
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5138 ^
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Parcel B of Parcel Map No. 11174, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof, filed in the Office of the County
Recorder of San Diego County, April 7, 1981.
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