HomeMy WebLinkAboutMS 05-31; Donald, Peter C.; 2007-0395073; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2007-0395073
JUN12, 2007 11:30 AM
OFFICIAL RE CORDS
SAN DIEGO COUNTY' RECORDER'S OFFICE
ijREGUfiYJ SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 4
2007-0395073
6226
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-021-08
PROJECT NO. & NAME: MS 05-31
Donald Condos
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 448-9A) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No. APN 203-021-08, I/We, Peter C. Donald, as Trustee of the Donald Family Trust,
Established March 19, 1999, 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
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DRAINAGE(DWG 448-9A).doc
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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 /Vyv. \ . 2Qo 1 .
PROPERTY OWI>
Peter C. Donalck/a$'Trustee ofJhe-DoTiald Family Trust,
Established
BV: . __.._(Sign Here)
t«*_A J
Date:
By: _
(Print Name and Title)
Peter C. Donald
(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
Deputy
2
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DRAINAGE(DWG 448-9A) doc
6228
State of California )
)
County of San Diego )
On 4'£l-0l before me, -
(Date)
personally appeared —Vf4<?f O
Oftf)ff
(Name, Title of Officer)
(Name[s] of Signer[s])
,-B^personally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the person&s^'whose name(s>---
^js^re subscribed to the within instrument and acknowledged to me that (^she/they
executed the same in^fu§/her/their authorized capacity£»e)r~arid that by (^/her/their
signaturej^fon the instrument the person^sTTor entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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DRAINAGE(DWG 448-9A).doc
^EXHIBIT-A" 6229
The land referred to in this report is situated in the County of San Diego, State of California, and is
described as follows:
THAT PORTION OF LOT SIX OF GRANVILLE PARK IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924,
LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND SEVENTY-FOUR AND
FIFTY-SEVEN HUNDREDTHS FEET SOUTHEASTERLY OF THE DIVIDING LINE BETWEEN
LOT SIX AND FIVE OF SAID GRANVILLE PARK.
ALSO THAT LAND, IF ANY, LYING WESTERLY OF THE WESTERLY LINE OF SAID GRANVILLE
PARK, SOUTHEASTERLY OF THE SOUTNWESTERLY EXTENSION OF THE
NORTHWESTERLY LINE OF SAID LOT SIX; NORTHWESTERLY OF A LINE THAT BEARS
SOUTH 57°29' WEST FROM THE MOST EASTERLY CORNER OF SAID LOT SIX AND
NORTHWEST OF THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. EXCEPTING FROM
THE ABOVE DESCRIBED PROPERTY THAT PORTION THEREOF, IF ANY, HERETOFORE OR
NOW LYING BELOW THAT MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN.
EXCEPTING FROM THE ABOVE PROPERTY THAT PORTION THEREOF, IF ANY,
HERETOFORE, OR NOW LYING BELOW THAT MEAN HIGH TIDE LINE OF THE PACIFIC
OCEAN.
1 OF 1 Rev.4/17/07