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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 1 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 2 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