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:
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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:
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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