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HomeMy WebLinkAboutCT 02-28; Powers, Jeffrey; 2007-0603869; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 f* DQC# 2007-0603869 SEP 13, 2007 3:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH. COUNTY RECORDER FEES: 16.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-190-47-02 PROJECT NO. & NAME: CT 02-28 La Costa Condominiums (Jeffrey A. Powers, 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 Exhibit "A", I/We, Jeffrey A. Powers, an unmarried man (according to a Grant Deed recorded January 23, 2003 as File No. 2003-0083305 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 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE - Powers sign .doc 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 ._ ,1 / , day of jyv lj,M , 20fr/. PROPERTY OWNERS Jeffrey A Powers, an unmarried man By: _ / (Sign Here) Jeffrey A. Powers, an unmarried man (Print Name and Title) Date: Q Jijj y By: _ / (Sigrf Here) r t Name and Title) 7 (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 Attorey 2 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jlmeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE - Powers sign .doc State of California County of San Diego On (Date) personally appeared before me, (Name, Title of Officer) (Name[s] of Signer[s]) _,. D personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person($) whose name($ is/aca subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefftheir authorized capacity(iee}, and that by his/hor/thoir- signaturefls) on the instrument the person(f), or entity upon behalf of which the person(s,) acted, executed the instrument. WITNESS my hand and official seal ROBERT E. ANDERSON Commission # 1527400 Notary Public « California San Diego County My Comm. Expires Dec. 14, 2008 o Signature of Notary (This area for official notary seal) Title or Type of Document ^^^A^^djL^^J Date of Document ^v ^>-f^\ 'tr*' Signer(s) other than named above No. of Pages i H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jinneno\Bonds and Agreemen(s\HOLD HARMLESS AGREEMENT DRAINAGE - Powers sign.doc 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 2 AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE. APN: 216-190-47-02