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HomeMy WebLinkAboutCT 05-05; KB Homes Costal; 2008-0388483; Hold Harmless Agreement/ReleaseDGC# 2008-0338483 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JUL21,2008 12:24 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OF-ICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-112-08,37 PROJECT NO. & NAME: CT 05-05 La Costa Greens, N. 1.16 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 444-2A) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 213-112-08,37, I/We, KB Home Coastal Inc., a California Corporation, 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 FILESVCT 05\CT 05-05 La Costa Greens N. 1.16 - Wickham\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE(DWG 444-2AJ.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 _J day of hAy 20 o¥ .{ PROPERTY OWNERS KB Home Coastal Inc., a California Corporation By: (Sign Here) (Jf LdA/b (Print Name and Title) Date: By: (Sign Here) int 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 )eputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-05 La Costa Greens N. 1.16 - Wickham\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE(DWG 444-2Aj.doc Certificate of Acknowledgement State of California County of Riverside On May 21. 2008 before me, Pamela K. Meserole. Notary Public, personally appeared Michael H. Freeman Jr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: PAMELA K. MESEROLE COMM.#15'i9506 (7. { _, -*--U3 I Notary Public-California LU\/,^Y/ RIVERSIDE COUNTY 1 \ »%.y MyComm.'Exp.Qct15,2008 Exhibit "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: LOT 16 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 19754, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 9, 2005. APN: 213-112-08-00 and 213-112-37-00 and 213-112-38-00 First American Title 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: Pamela K. Meserole Commission Number: 1519506 Date Commission Expires: 10/15/08 County Where Bond is Filed: Riverside Manufacturer or Vendor Number: ESI1 (Located on both sides of the notary seal border) Signature:.City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 7-17-08 Rec. Form #R10 (Rev.7/96)