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HomeMy WebLinkAboutPD 03-06; Javaheri, Henry R. and Efi; 2007-0781657; Hold Harmless Agreement/ReleaseDOC# 2007-0781657 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DEC 19, 2007 1:16PM OFFICIAL RE CORDS SAN DIEGO COLIN TV RECORDER'S OFFICE G R F. G DRY J. S MIT H. CO U N TY R E CO Fl D E R FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-492-02 PROJECT NO. & NAME: PD 03-06 JAVAHERI RESIDENCE HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Dwg. No. 413-3A) for development to occur on property as described in attached Exhibit "A", according to Map thereof No. 8302, We, Henry R. Javaheri and Efi Javaheri, husband and wife as joint tenants, 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. 1 Hi/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 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 fp 1^~- day of |V/ft vWh k^JJU . 20 Ol. PROPERTY OWNERS Henrv R. Javaheri anc husband »ind wife as iolrTHenants Henry R. Javaheri (Print Name and Title) Date: h Here) Efi Javaheri (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 Assistant City Attorney H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego ) On U-l-^Ol before me, (Date) personally appeared < A - -TbuOcfci<b (NamfcJTitle of Officer) t\ (Name[s] of Signer[s]) t a^personally known to me -OR - 0-- (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/gre^subscribed to the within instrument and acknowledged to me that executed the same in his/her/ffiejf)authorized capacity(ies), and that by his/heij/fhejF) signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. .TTHENKELS CQMM. #1578810^ H WITNESS my hand and official seal Rfe^^N^DiEGOCOUNTY 0 /MY COMMISSION EXPIRES-f MAY 14, 2009 (This area for official notary seal)Signature of Notary Title or Type of Date Document Signer(s) other Document ^-r©lc of than named above L •HcurirvOLfc.ss No. fWwwtK*- ^of Pages ^. Hi/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 EXHIBIT "A" Lot 107 of Carlsbad Tract No. 75-4, La Costa Estates North, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8302, filed in the Office of the County Recorder of San Diego County on May 5, 1976. Excepting therefrom 1/16th of all coal, oil, gas and other mineral deposits contained in the East half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, as reserved by the State of California, in Patent recorded April 12, 1954 in Book 3212, Page 490 of Official Records, the right to the use of the surface, including the right to enter such lands to a depth of 500 feet below the surface was released and was quitclaimed by the State of California to La Costa Land Company by a Quitclaim recorded June 30, 1971 as File No. 141047 of Official Records. Also Excepting one-half interest in oil and mineral rights for a period of 20 years from the date of recommendation to be continued if oil or minerals shall be developed within five miles of the property, otherwise to revert to the land. Rights of exploration shall not be included, however, slant drilling may be made from an adjoining property, provided that this drilling be at least 100 feet in depth, measured anywhere on the above described land, as reserved by Germain C. Graef, Horace L. Graef and Robert W. Graef, in deed recorded June 27, 1960, under Recorder's File No. 129955 of Official Records. Assessor's Parcel No: 215-492-02