HomeMy WebLinkAboutCUP 139B; ROMAN CATHOLIC BISHOP OF SAN DIEGO; 2010-0397452; Hold Harmless Agreement/ReleaseDQCtt 2010-0397452
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
AUG04, 2010 9:05 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-330-01
PROJECT ID: CUP 139B
PROJECT NAME: St. Elizabeth Seton Catholic
Church
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 467-1 A) for
development to occur on property more particularly described as LOT 412 OF LA COSTA
MEADOWS UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905. FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY ON
APRIL 21, 1971, I/We, The Roman Catholic Bishop of San Diego, a corporation sole, 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
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H:\Development Services\PROJECTS\CUP FILESNCUP 23 - 284\CUP 139(B) St Elizabeth Seton Church - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG
467-1 A) .doc
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
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 3
day of June _ , 20 10 .
OWNER(S)
The Roman Catholic Bishop of San Diego, a corporation
sole
By:^a~.
°(Sign Here)
Msgr. Steven F. Callahan, Attorney-in-fact
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
•Bepcrty*City Attorney
(Proper notarial acknowledgment of execution by owner(s) 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.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On June 3, 2010 before me, Donna L. Dalv_. Notary Public in and for said State,
personally appeared Msgr. Steven F. Callahan. who 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/sfee/they executed the same in his/her/thoir
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) 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 of Notary Public
DONNA L DALY f
COMM. #1690079 ONOTARY PUBLIC-CALIFORNIA 5*
SAN CMEGO COUNTY 2
My Commission Exptres •
SEPTEMBER 24.2010 I
Notary Public Seal
St. Elizabeth Seton, Carlsbad - Assessors Parcel 215-330-01, Project I.D. CUP 139B