HomeMy WebLinkAboutCDP 13-04; Lewis Trust, Barbara OBrien; 2013-0715001; Hold Harmless Agreement/ReleaseDOC
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2013-07
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RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAILTO:
City Cleric
CITY OF CARLSBAD
1200 Carisbad Village Dr.
Carlsbad, CA 92008
A
DEC 11, 2013 9:25 AM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00
PAGES:
SPACE ABOVE THtS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-234-05-00
PROJECT ID: CDP 13-04
PROJECT NAME: Lewis Residence
168 Maple Avenue
RELATED PROJECT ID: PC 13-48 (CB132214/CB132216)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration ofthe City's approval of a drainage plan(s) (PC130048) for development
to occur on property more particularly described as Lot 10 in Block C of Palisades, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in
the Office of the County Recorder of San Diego County, February 5, 1923. I/We, Barbara O'
Brien Lewis Trust dated 09-21-07, 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
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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) wiil 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 ali or any part of the property described herein.
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Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-04 - Lewis Residence - BobtsetftHOLD HARMLESS AGREEMENT DRAINAGE CDP1304.doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this ^A"
day of [)c\thl( 20J2_.
By:
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
RON KEMP ^
Assistant 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.) „
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CAUFORNIA ALL-PURPOSE ACKNOWLEDQiiENT
state of ColifuiIliii
County of }
On (f^dfotev- z-4 Z-o f3 before me, K I
rwl 7* Here Inaait Name and TMs of (he Offioar /
OFnCMLSEAl
NOTARYPUIUC.SrATiOFlIMOIS
who proved to me on the basis of satisfiactory 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
tme and correct. JLLLUKO* ^
WITNESS my hand and official seal.
Place Notary Seal Above Signature.
OPTIONAL
Signature ol Nolaiy Public
Though the information below is not required tjy law, it may prove valuable to persons refying on the document
and could prevent fraudulent renwval and reattadtiment of this form to ancAher document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of F^ges:
Capaclty(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer—Title(s):
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
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Signer's Name:
• Individual
• Corporate Officer ~ Title(s):
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
HT THij?.H3PRii,l
Of- SiG'ief^
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GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT
TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: ^^{ohccfd S /^^^^-elng^Q
Commission Number: M ( ft-Date Commission Expires: ^"ZU'lLa
County Where Bond is Filed:
Manufacturer or Vendor Number:
(Located on both sides ofthe notary seal b'order)
Signature: Citv of Carlsbad
Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: - / 3
Rec. Form #R10 (Rev.7/96)