Loading...
HomeMy WebLinkAboutCT 97-23; OGara Investments Inc; 2007-0278668; Hold Harmless Agreement/ReleaseDOC# 2007-0278668 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 APR 24, 2007 3'20 PM OFFICIAL RECORD'-' DIEGO COUNTY RECORDER'S OFFICE GREbORi1 I SMITH COUNT1! RECORDERFEES n nn R-GES "4 J SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.:APN 205-191-26 APN 205-1 91 -27 APN 205-1 91 -28 PROJECT NO. & NAME: CT 97-23 Magnolia Subdivision Grading Plans HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 380-3C) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No APN 205-191-26, APN 205-191-27 and APN 205-191-28, I/We, O'Gara Investments, Inc , 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\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-23 Magnolia Subdivision - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 380-3C) doc 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 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 7 day of Jjti/U u/o. ^ , 20 ^7 PROPERTY OWNERS O'Gara Investments,, Inc ,.,a (California Corporation ' (SignTHere) Michael D O'Gara, President (Print Name and Title) Date By (Sign Here) (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 Attorney 2 H \Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-23 Magnolia Subdivision - Wickham\Bonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE(DWG 380-3C) doc State of California County of San Diego On I before me, i.INPA E ¥1LLA (Date; personally appeared (Namdi, Title of Officer) C>(Name[s] of Signer[s]) _,. Impersonally 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/sbe/they her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument executed the same iry his/ber/their authorized capacity(ies), and that b WITNESS my hand and official seal Signature of Notary LINDA F. VILLA -r COMM #1613182 « NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 0 COMM EXPIRESOCT 1^.2009;' (This area for official notary seal) Title or Type of Document n^A^ WM1faQjL/si ^Jcifi^T~ Date of Document No of Pages Signer(s) other "Vx. , /» i r>tt.than named above c*^H(r<^Myl ^\ C/v_XM L\JUb& \ H \Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-23 Magnolia Subdivision - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 380-3C) doc 4 EXHIBIT "A" Legal Description LOTS 7, 8 AND 9 OF CITY OF CARLSBAD TRACT NO. 97-23-2 (MAGNOLIA SUBDIVISION, PHASE 2), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14659, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 20, 2003