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HomeMy WebLinkAboutCDP 06-25; Hagey, Edward H; 2009-0540732; 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# 2009-0540732 SEP 29, 2009 3:59 PM 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.: 155-140-37,38-00 PROJECT ID: CDP 06-25 PROJECT NAME: Hagey Residence RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 458-3A) for development to occur on property more particularly described as (see Exhibit "A"), I/We, Edward H. Hagey, an unmarried man, 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 occurring during the construction work or improvements as specified in this agreement. H:\Development Services\PROJECTS\CDP FILES\COP 06\CDP 06-25, Hagey Residence - Levy\Bonds and AgreementMHOLD HARMLESS AGREEMENT DRAINAGE(CDP 06-25j.doc 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 Nui.e^wwA\r 20 OH. Z3 OWNER(S) Edward H. Haaev. an unmarried man By: (Sign Here) Edward H. Hagey, an unmarried man Date: By: _ (Print Name and Title) (Sign H/ere) APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: MP 10& Date: (Print Name and Title) 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.) H:\Development Services\PROJECTS\CDP FILES\CDP 06W2DP 06-25, Hagey Residence - Levy\Bonds and AgreemenhHOLD HARMLESS AGREEMENT DRAINAGE(CDP 06-25).doc EXHIBIT 'A' THAT PORTION OF TRACT NO. 3 OF LACUNA 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, JUNE 20, 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 1 DESCRIBED IN A DEED TO LEO S. KARYLN, RECORDED AUGUST 7, 1991 AS FILE NO. 1991-0398331 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE SOUTHERLY LINE OF PARCEL 2 OF SAID DEED, NORTH 89 DEGREES 27 MINUTES 37 SECONDS WEST, 230.29 FEET TO THE WESTERLY LINE OF PARCEL 2 OF SAID DEED; THENCE ALONG SAID WESTERLY LINE NORTH 19 DEGREES 15 MINUTES 50 SECONDS EAST 79.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY, NORTHERLY AND EASTERLY LINES OF PARCEL 2 OF SAID DEED THE FOLLOWING COURSES; NORTH 19 DEGREES 15 MINUTES 50 SECONDS EAST, 67.47 FEET; THENCE NORTH 65 DEGREES 53 MINUTES 16 SECONDS EAST, 192.44 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 18 SECONDS EAST, 8.33 FEET; THENCE SOUTH 0 DEGREES 32 MINUTES 42 SECONDS WEST, 15.08 FEET; THENCE SOUTH 26 DEGREES 04 MINUTES 28 SECONDS WEST, 12.18 FEET TO THE EASTERLY LINE OF PARCEL 1 OF SAID DEED AND A POINT ON THE ARC OF A NON-TANGENT 970.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 84 DEGREES 34 MINUTES 57 SECONDS EAST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES 57 MINUTES 45 SECONDS, A DISTANCE OF 100.94 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 0 DEGREES 32 MINUTES 42 SECONDS WEST, 17.34 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 37 SECONDS WEST, 204.88 FEET TO THE TRUE POINT OF BEGINNING CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S>cur> On Au4iAs4 24 personally appeared (s) of Signers) COMM.# 1716372 5 NOTARY PUBLIC - CALIFORNIA S SAN DIEGO COUNTY , 'My Comm. Expires Jan. 13,20111 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the %£rjoty(s) whose /ialSe(s)<1ifeire subscribed to the within instrument and acknowledged to me that ^hjfehe/they executed the same inCQ&her/their authorized ofl|3acffi(ies), and that byJ^her/theii<sigQaluS?s) on the insTrument the ujIr^oFXs), or the entity upon behalf of which th%g§rsyi(s)^cted, 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 hand and official seal. Signature OPTIONAL Signature of Notary Public > va/uThough 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: (Ao\d \4ou"tv\\e £>S Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: £o(u>cur j ni^«fce_ \\ 5$ Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here O 2007 Natron^ Notary Association'9360 DeSoto Aw., P.O. Box 2402-Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call ToN-Free 1-800-876-6827