HomeMy WebLinkAboutMS 04-14; Katich, Sally; 2007-0568168; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2007-0568168
AUG27, 2007 2:14 PM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 fi Y J. S MIT H. CO LI N T Y R E CO R D E R
FEES: 16.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-150-23
PROJECT NO. & NAME: MS 04-14
Katich Minor Subdivision
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval for development to occur on property described in
Exhibit "A", I/We, Sally Katich, a widow, 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
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
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H:\Development Services\PROJECTS\MS FILES\MS 04\MS 04-14 Sally Katich - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(PM 04-14J.doc
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 9_^f^^JL^ , 2C
PROPERTY OWNERS
Sallv Katich, a Widow
By:
(Print Name and Title)
Date: 6 -3~£^ * 7
By: /_
(Sign Here)
5rint Name and Title)
/Date: __^
7
(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
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H:\Development Serwces\PROJECTS\MS FILES\MS 04\MS 04-14 Sally Katich - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(PM 04-14J.doc
State of California
County of San Diego )
On L0 -Zn (D before me,
(Date)
personally appeared
5-
<M>/lfa/lJV ' & ff^^^ i
(Name, Title 'eft Officer)
'/ts
(Name[s] of Signer[s])
_, n personally known to me -OR -.,
(proved to me on the basis of satisfactory evidence) to be the person(2) whose name(?)
re subscribed to the within instrument and acknowledged to me that he/gfipfthey
executed the same in his/fierjlheir authorized capacity^), and that by his(fje;?their
signature^) on the instrument the person(s^f, or entity upon behalf of which the personj£)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
^ ••»«'*»» County
»»Ccinm.teiniJur
(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\PROJECTS\MS FILESWIS 04WIS 04-14 Sally Katich - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(PM 04-14j.doc
EXHIBIT «A"
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
ALL OF LOT 2 IN BLOCK "B" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2152 FILED IN THE OFFICE
OF THE COUNTRY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929 AND A PORTION OF
PARCEL 2 OF PARCEL MAP NO. 16041, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 5, 1990, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO.
16041; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 63°47'48"
EAST, 69.52 FEET, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 44°53'55" EAST, 36.07 FEET; THENCE SOUTH 59°53'20" EAST,
29.24 FEET; THENCE NORTH 65°57'06" EAST, 17.79 FEET TO A POINT ON SAID NORTHEAST
LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 63°47'48" WEST,
74.67 FEET TO THE TRUE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL "A" OF THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 19, 1990 AS INSTRUMENT NO. 1990-0674150 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
APN: 206-150-23-00
First American Title