HomeMy WebLinkAboutMS 04-07; Puhek, L John and Lynda M; 2008-0173961; Hold Harmless Agreement/ReleaseDOC# 2008-0173961
P
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
APR 02, 2008 4:17 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES:
12565
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-111-14
PROJECT NO. & NAME: MS 04-07
Pine Avenue Condominiums
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 435-2A) for
development to occur on property described as ( See Attached "Exhibit A"), according to Map
thereof No. APN 204-111-14, I/We, L. John Puhek and Lynda M. Puhek, Husband and Wife as
Joint Tenants as to an undivided 1/3 interest and Rolando A. Saldana, as Trustee of the
Rolando A. Saldana Living Trust dated July 28, 2005 as to an undivided 2/3 interest, as
Tenants in Common, 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
1
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12566
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
2
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12567
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 LV_A ftlm La^r 20 ol .
PROPERTY OWNERS
L. John Puhek and Lynda M. Puhek, Husband and Wife as
Joint Tenants as to an undivided 1/3 interest and Rolando
A. Saldana, as Trustee of the Rolando A. Saldana Living
Trust dated July 28, 2005 as to an undivided 2/3 interest, as
Tenants in Common
(Sign
L. John Puhek, Individual
(Print Name and Title)
Date:
7 (Sign
Lynda Puhek, Individual
(Print Name and Title)
(Sign Here)
Rolando A. Saldana, 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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State of California )
County of San Diego )
before me,
(Date)
personally appeared
(Name[s] of Signer[s])
j. n personally known to me -OR
(proved to me on the basis of satisfactory evidence) to be the person^ whose
4a(fr^ subscribed to the within instrument and acknowledged to me that
executed the same in his/H^tbe^ authorized capacitydes!), and that by tTi
signature^ on the instrument the person^, or entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal
Signature :ary
STAGEY JAMU.KOWSKI
COMM. #1535227 m
NoUry Public-California V>
SAN DIEOO COUNTY =
MyComm.Exp.Dec16,2008
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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12569/ . '
Order No. 07-3018982
Exhibit "A"
That portion of Lot 1 of Subdivision of Tract No. 114 and 120 of Carlsbad Land, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1744, filed in the Office of the
County Recorder of San Diego County, January 3, 1923, described as the following:
Commencing at a point on the center line of Pine Avenue and distant thereon North 55°27 'East
199.95 feet from the center line of Fifth Street as shown on Maps No. 1744 and No. 535 of Carlsbad
Townsite, to the True Point of Beginning; thence along said center line of Pine Avenue North 55° 27 '
East, a distance of 90 feet to a point thence North 34° 33 'West, a distance of 240 feet to a point;
thence South 55° 27 'West a distance of 90 feet to a point; thence South 34° 33 'East a distance of
240 feet to the True Point of Beginning.
Assessor's Parcel No: 204-111-14
Parcel Map Guarantee
CLTA Guarantee Form No. 23
Part 2
January 13, 1978