HomeMy WebLinkAboutCDP 06-01; Burchfield Family 1992 Trust; 2009-0294246; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2009-0294246
JUN02, 2009 10:53 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER. COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-140-07
PROJECT ID: CDP 06-01
PROJECT NAME: BURCHFIELD RESIDENCE
2627 OCEAN ST
RELATED PROJECT ID: CB 08-2198
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a Building Permit CB 08-2198 for development
to occur on property more particularly described as Lot 8 in Block "A" of the Hayes Land
Company addition to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of
San Diego County, November 4, 1909. Except that portion, if any, lying below the ordinary high
tide of the waters of the Pacific Ocean, We, Burchfield Family 1992 Trust, 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
F:\FARMER\KATHY\Burctifield\Bruchfield HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc
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
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 3-1 '
day of fa*.,
OWNER(S) BURCHFIELD FAMILY 1992 TRUST
By:
Date:
ff (Sign Were)
MARILYN J. BURCHFIELD - Owner
(Print Name and Title)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
(Proper notarial acknowledgment of execution by owner(s) 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.)
F:\FARMER\KATHY\Burchfield\Bruchfield HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of *^/
/Sate
personally appeared Name(s) of Signers)jr.
RUTH BELLAH
Commission # 1632813
Notary Public - Colifornia
Fresno County
My Comm. Expires Jan 21,201 Oj
Place Notary Seal Above
who 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/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my harjd and official seal.
Signature _7
OPTIONAL —
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: . ^__
D Individual
D Corporate Officer — Title(s):
D Partner —D Limited D General
D
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General HT THUMBPRINT
OF SIGNER
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
&SG&gG&SGS&GS&G&fS$&BS£fSS&G&&5&S8&G&SSSSSG&SSSt
Top of thumb here
2£&35S23Sgfi5Sgfi5S3S&fi£
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
T$&S3$&B&SB&£SG&&SSZSGGSfS£&SSiSS£&IG$&GG&3&£sGS&GS&S&SgaseSGS:l/K
Top of thumb here.
W)KSl&GSaG8aeSS3SGS&iSS&
O2007Natioral Notary Associatton-9350DeSotoAve.,RO.Box24O2-Chatswof1h,CA 91313-2402* www.NationalNotary.org Item #5907 Reorder Call ToH-Fuae 1-800-876-6827
F:\FARMER\KATHY\HoldHarmless\Bruchfield HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08 doc