HomeMy WebLinkAboutMS 03-08; Beam, Richard J & Gates, Patricia A; 2005-1054376; Hold Harmless Agreement/ReleaseDOC# 2005-1054376
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.: 215-320-17
PROJECT NO. & NAME: MS 03-08
Beam/Gates Condo Conversion
CE 05-29
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (CE 05-29) for development to
(see Exhibit A, attached)
occur on property described as Lot 283 of La Costa Meadows Unit No. 2, according to Map
thereof No. 6905 filed in the Office of the County Recorder of San Diego County, State of
California, on April 21, 1971, as file No. 79688, I/We, Richard J. Beam and Patricia A. Gates,
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
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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 y^yzfcWx/LxC 2^ . 20Q5 .
PROPERTY OWNERS
Richard J. Beam and Patricia A. Gates, Trustees of the
Richard J. Beam and Patricia A. Gates Family Trust
dated August 25, 2003.
Here)
Richard J. Beam, Trustee
(Print Name and Title)
s-± I ^* /Date:
By: _
(Sign Here)
Patricia A. Gates, Trustee
(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
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H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego )
On T <£<?• <D5~ before me,
(Date)
^
A /1?
(2
(Name, Title of Officer)
personally appeared
/
(Name[s] of Signer[s])
_,. n 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.
r
WITNESS my hand and official seal
LINDA c. COOPER \
COMM. #1443834 m
Notary Public-California (0
SAN DIEGO COUNTY =
MyComm.Exp.Oct6,2007
-n.
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 Drainage Rev. 12/08/98
File No: 03668325
Exhibit "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows: ;. ..
Lot 283 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, April 21, 1971.
Assessor's Parcel Number: 215-320-17
CLTA Preliminary Report Form (Rev 1/1/95)
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