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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