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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 1 H:\Devalopment Services\PROJECTS\CT FILESVCT 02\CT 02-16 Robertson Ranch\bonds & agreementsVHOLD HARMLESS AGREEMENT DRAINAGE(DWG 433-6) doc 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 2 H:\Dsvelopment Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson RancMbonds & agreementsMHOLD HARMLESS AGREEMENT DRAINAGE(DWG 433-6).doc 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.