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HomeMy WebLinkAboutMS 05-25; Alexander, Cyriac P and Alice C; 2009-0314435; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DGC# 2009-0314435 JUN10,2009 11:01 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 3PNF SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-310-29-00 PROJECT ID: MS 05-25 PROJECT NAME: Alexander Condominium Conversion RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (PM 05-25) for development to occur on property more particularly described as Lot 367 of La Costa Meadow Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6905, filed in the Office of the County Recorder of San Diego County, April 21, 2971, I/We, Cyriac P. Alexander and Alice C. Alexander, husband and wife, 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 H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-25 Alexander Condo Conversion - BobbetftBonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE (PM 05-25).docx 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 day of (n&A^/^" 20£/2_. OWNER(S) Cvriac P. Alexander and Alice C. Alexander, husband and wife By: _ (Sign Here) Cyriac P. Alexander, Owner Date: (Print Name and Title) (Sign Here) Alice C. Alexander, Owner (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorrrey (Proper notarial acknowledgment of execution by owner(s) 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.) H:\Development Services\PROJECTS\MS FILESWIS 05\MS 05-25 Alexander Condo Conversion - BobbetftBonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE (PM 05-25).docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of ^^ Dite personally appeared Insert Name and Title of u frlibl thefOffl&rand Title of thefOffl&r Ai£g d. TIFFANI LANGFORD COMM. #1784652NOTARY PUBLIC-CALIFORNIA «SAN DIEGO COUNTY 2My Commission Expires • DECEMBER 1172011 I who proved to me on the basis of satisfactory evidence to be the persor|@)whose name^s})is^ire"j)ubscribed to the within instrument and acknowleOged to me that he/she7tfiij£)executed the same in his/hetffhiJM>uthorized capacrtyjjegp and that byhis/herAnejp signature(§])on the instrument the person(sp or the entity upon behalf of which the persorKs£)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: W?. Number of Pages:.4 I Signer(s) Other Than Named Above:ic.<^ov"j> %J Capacity(ies) Claimed by Signer(s]^ pJkSigner's Name: '^ Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER here Signer's Name:. Individual Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here gjjSSgMgiS!»Sigai»ig8SgS58838^^ ©2007 National Notary Association'9350 DeSotoAve., P.O.Box 2402-Chatsworth.CA 91313-2402•www.NationalNotary.org Item #5907 Reorder:CallToH-Frss1-80O876-6827