HomeMy WebLinkAboutCT 04-03; Shea Homes Limited Partnership; 2005-1054377; Hold Harmless Agreement/ReleaseDGC# 2005-1054377
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 000
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.(S): 223-721-01,
223-721-02, 223-721-03, 223-721-04
CT 04-03PROJECT NO. & NAME:
La Costa Ridge, Neighborhoods 2.3 & 2.4
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 420-5A) for
development to occur on property described attached Exhibit "A," according to Map thereof No.
14838, I/We, Shea Homes Limited Partnership, a California limited partnership, 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:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
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
day of 5?«glP72r~-'-g<g-<2_ 20«£~r
PROPERTY OWNERS
Shea Hojnes Limited Partnership, a California
limited.
(Sign Here)
Alexander L. Plishner, Authorized Agent
(Print Name and Title)
Date:- &>
(Sign Here)
brized Agent
(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
H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego
On before me,. J. Bergman
(Date7)
personally appeared A \ryQnrW~ L. 1 1 v
(Name, Title o
OUTi/) J (rn
i?l (
icer)
(Name[s] of Signer[s
personally known to me -OR - D
(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
Signature
CommlHlon*lfi91M2 •
totary Pubic-CaBwrte f
fonOtogoCotfllr ICemm. Expttet JU1. aOQtt
(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 Drainage Rev. 12/08/98
EXHIBIT "A"
LEGAL DESCRIPTION
City of Carlsbad Tract 04-03 La Costa Ridge - Neighborhoods 2.3 & 2.4
Subdivision of Lots 222, 230, 231 and 232 of City of Carlsbad Tract 99-04-02
Villages of La Costa - La Costa Ridge, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 14838, filed in the Office
of the County Recorder of San Diego County, July 14, 2004.
CT 04-03
VLC-Ridge Neigh. 2.3 &2.4