HomeMy WebLinkAboutMS 04-15; Champion Carole J Trust; 2007-0636693; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2007-0636693sin ill 111 linn iiinii inn
00701,2007 12:54 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY REfTlRDER
FEES: 0.00
PAGES:
Hill
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-013-21-00
PROJECT NO. & NAME: MS 04-15
Champion Residence (construction revision)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 437-5A) for
development to occur on property described as Lots 11 and 12, block 1, Palisades subdivision,
in the County of San Diego, State of California, according to Map thereof No. 1747, filed in the
Office of the County Recorder of San Diego County, February 5, 1923. Excepting therefrom
the northwesterly 10.00 feet of Lot 12. Also excepting therefrom the southeasterly 40.00 feet of
Lot 11, according to Map thereof No. APN 206-013-21-00, I/We, Carole J. Champion Trust
dated November 4, 1993, 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
H:\Development Services\PROJECTS\MS FILESWIS 04\MS 04-15 Beachwalk -includes Champion Res- Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT
DRAINAGE (437-5).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 %/1 /(•
day of , 20 .
PROPERTY OWNERS
Carole J. Champion Trust dated Novernber 4, 1993
By: C j$A&(j( QjkJi^Utffrur^^jjjto
~7T (Sign Here)
Carole J. Champion, Trustee
(Print Name and Title)
Date:
By:
(Sign Here)
(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
Bv:
Deputy City AttoNiey
2
H:\Development Services\PROJECTS\MS FILES\MS 04\MS 04-15 Beachwalk - RicMBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (437-5).doc
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On A vgyzj
San Diego ss.
personally appeared
before me, Ash Nickle, Notary Public
"T- C l\&v*p}yty
(NOTARY)
personally known to me - OR -
OFFICIAL SEAL
ASH NICKLE
[NOTARY PUBLlC-CALIFORNlAg1 COMM. NO. 1538900 °
SAN DIEGO COUNTY •
MY COMM. EXP. DEC. 26,20081
SIGNER(S)
proved to me on the basis of satisfactory
evidence to be the personX*) whose namej£s)
is/are subscribed to the within instrument and
acknowledged to me that .he/she/they-executed
the same in h-i-s/her/tke-ir authorized
capacity(re~s), and that by -4m/her/ttretf
signatures^ on the instrument the person(s),
or the entity upon behalf of which the
person^s) acted, executed the instrument.
Effective January 1,2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189, rather than "substantially" in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change, but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not changed
(Civil Code §1189(c)).
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
n INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLECS)
PARTNER(S)
ATTORNEY-IN-FACT
' TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: >"""'•-.
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
RIGHT THUMBPRINT
OF
SIGNER
APA5/99 VALLEY-SIERRA. 800-362-3369