HomeMy WebLinkAboutCT 02-16; City of Carlsbad; 2007-0208572; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAR 28, 2007 11:25 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH.. COUNTY RECORDERFEES: 0.00
PAGES: 4
8274
2007-0208572
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:168-050-47
168-050-56
PROJECT NO. & NAME:
Robertson Ranch East
CT02-16
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 433-6A) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No. APN 168-050-47 and APN 168-050-56, I/We, Calavera Hills II, LLC, a California
limited liability company, 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
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8275
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 /rr^
day of. wbiUA&Jl*\_ 2Q&~7.
PROPERTY OWNERS
Calavera Hills II. LLC, a California limited liability company
By: McMillin Companies, LLC, a Delaware limited liability
company. Its: Manager
By:
(Sigh Here)
, IS.T
(Print Name and Title)
-: >^
By: £^ L-
(Sign Here)
(Print Name and Title)
Date:
(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
Deputy City Attorney
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8276
State of California
County of San Diego
Onc3/a/0'?
(Date)
personally appeared,
before me,
' (Name, Title of Officer)
uJckill And Brio* Mlli'ck.
(Name[s] of Signer[s])
l sf^ersonally known to me -OR - D
e) to be the person(s) whose name(s)
-ie/are subscribed to the within instrument and acknowledged to me that betefce/they
executed the same in his/her/their authorized capacity(ies), and that by foie/ber/their
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
Signature of Notary
ANN M. FUTO
iSSJSH*164*838
"orary PubHc - Ca/ffomta
Son Diego CounJy
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\F
EXHIBIT "A" 8277
LEGAL DESCRIPTION
Those portions of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of Califonria. According to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16, 1896, described as follows:
Parcell:
Parcel 1 on Certificate of Compliance recorded November 28, 2001; as File No. 2001-0865064
of Official Records.
Parcel 2:
The remainder parcel of Carlsbad Minor Subdivision 02-10 as shown on Parcel Map No. 19804
recorded August 3, 2005, as File No. 2005-0659805 of Official Records.