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HomeMy WebLinkAboutCT 03-04; Newland Court LLC; 2006-0496911; Hold Harmless Agreement/ReleaseDGC# 2006-0496911 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JUL14, 2006 11:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH COUNTY RECORDER FEES: 000 PAGES: 7 2006-0496911 6096 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-200-12, 156-200-27 PROJECT NO. & NAME: CT 03-04 Highland Drive Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 419-8A) for development to occur on property described as a portion of Tract 121 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, I/We, Newland Court, 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 1 H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 6097 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) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. 2 H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 609$ 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 \2. day of PROPERTY OWNERS NEWLANfb COURT, LLC, LIMITED LIABILITY C0MP By: JFORNIA PROPERTY OWNERS THE NICHOLSON/TRUST DATED FEBRl Herald A Possigian, Member Print name>and title Richard Nicholson, Co-Trustee Print name a/id title Sign here Greg Strange, Member Print name and title Jewel Nicholson, Co-Trustee Print name and title B Sign here fery A Dahl, Member Print name and title (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 By: Assistant City Attorney H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 State of California County of San Diego On (Date) personally appeared before (Name, Title of Officer) .4- (Name[s] of Signers]) _i D personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) )S/are subscribed to the within instrument and acknowledged to me that fee/$fce/they executed the same in rlis/rjer/their authorized capacity(ies), and that by lrtts/r)6r/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.r WITNESS my hand and official seal BARBARA S. CAVALLUZZ1 Commission #1446239 Notary Public-California San Diego County My Comm. Expires Oct 20,2007 Signature of Notary (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/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Draina Rev. 12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califorriijs County of ss. 0 On.me,t-Mtf*JUj flsJbltl Name and Title oWflicei (e.g., "Jane Doe, Notfrf Public') persnally N. L. LANG Commission i 1384759 [Notary Pub*; - Coffornta Orange County N^fe(s) ot Signer(s) (/ D personally known to me Hiproved to me on the basis of satisfactory evidence to be the person(s) whose name(«)<ii©'af«- subscribed to the within instrument and acknowledged to me that^/sbe/ttwy executed the same in ^fjS/ber/tt^eir authorized capacity(ies), and that by Qijgtow/their signature^ on the instrument the personfs), or the entity upon behalf of which the person^s) acted, executed the instrument. I official seal. Signature of h OPTIONAL Though the information below is nof required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:, Document Date: < Signer(s) Other Than Named Above: . Number of Pages:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^^^^SSJ^S^6@^^6J^6J^^^^@S@6^jS^^^^^^@^^^^fe^^Js^^^< State of California County of ^^_< ss before me, personally appeared )\ t&ff-ff-^f) /V//C Name and Title of Officer (e.g., S C fJ m R. COWAN K COMM. #1378459 03 ! NOTARY PUBLIC - CALIFORNIA Q LOS ANGELES COUNTY Oi My Comm. Expires Nov. 3, 2006 L, Name(s) of Signerfs) D personally known to me ^.proved to me on the basis of satisfactory evidence to be the person^'whose name(s) is/aw subscribed to the within instrument and acknowledged to me that hetohe/thoy executed the same in his/bi?rfthetr authorized capacity^iee)-, and 'that by his/hcr/thcir signature($ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ^1 \ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /T&t- C? i Document Date: ^t-fjVU^/7 /£>/—^—d) —i .Numberof Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 5 1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6*02 '> 1 IiI III State of California UsCounty of Iss. A?/-lOn 7 Dale personally appeared _ before me, L.Name and Thll of Officer (e.g., "Jane Doe. Notary Public") "*<MO YOOK > Comm.# 1488670 N -CALIFORNIA W 10$ Anoete* County My Comm. ExpireMAYUOMt Name(s) ol Signer(s) D personally known to me ^ 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 -hts/her/trrerr— authorized capacity(4es^r and that by lirs/her/thetr— signature(sfon the instrument the person(s), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and officjal seal Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: nol(j Document Date: 2*¥*- _ Number of Pages: 7^ Signer(s) Other Than Named Above:. 1!$ 1 i I1\<f>ffi Capacity(ies) Claimed by Signer Siqner's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ii 1 i$;<S 1 ^iS'^y'x © 1SSS National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Reorder: Call Toll-Free 1-800-876-6827