HomeMy WebLinkAboutPIP 00-04A; Durkin, Michael J. & Sheryl K.; 2004-0788492; Hold Harmless Agreement/ReleasennC # 2004-0788492
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
AUG 19,2004 9:15 AM
OFFICIAL RECORDS
SkN DlEGU COUNTY RECORDER'S OFFICE GREGORY J SMITH, CUUNTY HECURDER
PAGES:
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 212-091 -02
PROJECT NO. & NAME: PIP OO-O4(A)
Carlsbad Airport Center Lot 24
HOLD HARMLESS AGREEMENT
AIRCRAFT OPERATIONS AND NOISE
In consideration of the City's approval of a Planned Industrial Permit (Permit No. PIP 00-
04(A)), grading and erosion control plans (Pian No. DWG 404-5A), improvement plans (Plan
No. DWG 404-5), landscape plans (Plan No. DWG 407-5L), and building plans (Plan Check No.
CB 04-0491) for development to occur on property described as Lot 34 of Carlsbad Tract No.
81-46, Unit No. 1, accordinq to Map No. 11287, filed in the Office of the Countv Recorder on
April 10, 1984, in the Citv of Carlsbad, Countv of San Dieqo, State of California, (I)We, Michael
J. and Shervl K. Durkin, 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 aircraft operations and aircraft
noise from the McClellan-Palomar Airport, Carlsbad, California.
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
1 HKIevelopment Semces/Maslers/Bonds & AgreeemntsIHold Harmless Agreement Drainage Rev. 12/06/98
occurring as a result of the improvements proximity to the McClellan-Palomar Airport.
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 old
PROPERTY OWNERS Michael 'i
Pi\-
(Print Name and Title)
(Sign Here).
J /-+ Ba&
.%+e--qt~ru,*~
(Print Name and Title)
(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
By:
Rev. 12/08/98
State of California 1
)
County of San Diego 1
On & dqdbefore me, LL4.&4dUr Y
personally appeared 4 d&
Q\l&?$+ u (Da'te) (Name, Title of O'hcer)
(Name[s] of Signer[s]) /
,\dpersonally known to me -OR - CI
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in hislherltheir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Not
(This area for
official notary seal)
Title or Type of Document dw dt& (1
No. of Pages d Date of
Document
Signer(s) other than named above
3
H:/Development ServiceslMastenlBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
*.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Name@) of Signer@)
&sonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
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 D
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
0 1999 National Nolaw Association 9350 De Soto he.. PO Box 2402 - Chatsworth. CA91313-2402 - ww.nattonalnotalyorg Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827