HomeMy WebLinkAboutCT 02-28; BANICH, EMIL J AND STELLA M; 2011-0151459; Hold Harmless Agreement/ReleaseDOC a 2011-0151459
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAR 22, 2011 3:06 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dtonenburg, Jr., COUNTY RECORDER
FEES: 2.00
PAGES:5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-190-47-01
PROJECT NO. & NAME: CT 02-28
La Costa Condominiums
(Emil J & Stella M Banich, Grant Deed)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 422-4B ) for
development to occur on property described in Exhibit "A", I/We, Emil J. Banich and Stella M.
Banich, husband and wife, as joint tenants (according to a Grant Deed recorded July 7,1981 as
File No. 81-212448 of Official Records), 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
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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 ~J / •"
day of \~s *-* *" y 20_
PROPERT>€J$ANE'RSf/
Banich. husjDjmd and wife
^
LBy
(Sign Here?
Emil J Banich, husband
(Print Name and Title)
Stella M Banich, wife
(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 Attorn
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EXHIBIT "A"
PARCEL 1:
AN UNDIVIDED ONE-HALF INTEREST IN AND TO PARCEL 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT
PAGE 6938 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF DIEGO COUNTY, FEBRUARY 24,1978
EXCEPTING THEREFROM THE FOLLOWING:
(A) CONDOMINIUMS UNITS NOS. 1 AND 2 AS SHOWN UPON THE AMENDED
PARCEL 1 OF PARCEL MAP NO. 6938, CONDOMINIUM PLAN, RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON FEBRUARY 21, 1979 AS FILE NO. 79-076155 OF OFFICIAL
RECORDS.
PARCEL 2:
CONDOMINIUM UNIT NO 1 AS SHOWN UPON THE CONDOMINIUM PLAN
REFERRED TO ABOVE.
APN: 216-190-47-01
State of California 10 i ell !
County of San Diogo
On b
(Date)
personally appeared
efore me,
T
(Name, Title of Officer)
(Name[s] of Signer[s])
v n personally known to me -OR - Sf
(proved to me on the basis of satisfactory 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 entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
MtlfBQGICOUMTYCI
Elbert N. Taylor
No tary Publiclc Count>- MI
xpires July 09, 2011
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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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:.
Commission Number: K^/ie- Date Commission Expires:
County where Bond is Filed: ^ A ^ N. &
Manufacturer / Vendor Number: ^ ^^ Mov>o
Place of Execution: ^-^N A^^LC^ Date:
Signature: I ^
4/94
Rec. Form (CR10