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Home My WebLink AboutRP 06-03; Hurley, Thomas & Woolsey, Richard Albert; 2008-0021747; Hold Harmless Agreement/ReleaseDOC# 2008-0021747 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JAN 16, 2008 2:56 PM OFFICIAL RECORD0; f.'AN DIEGO COUNTY RECORDER'S OFFICE LiHEbORY J SMITH, COUNTY RErriRDER FEES: LI. 00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-292- 15,16,17,19-00 PROJECT NO. & NAME: RP 06-03 Roosevelt Center HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 452-5A) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 203-292-15,16,17,19-00, I/We, Thomas Hurley, an Unmarried man, as to an undivided 50% interest and Richard Albert Woolsey, a Married Man as His Sole and Separate Property, as to an Undivided 50% interest as Tenants in Common, 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 1 H:\Development Services\PROJECTS\RP FILES\RP 06\RP 06-03 Roosevelt Center-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(452-5A).doc 6180 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 ? — ^£ 20_£JZ PROPERTY OWNERS Thomas Hurley, an Unmarried Man, as to an Undivided 50% Interest and Richard Albert Woolsey, a Married Man as His Sole and Separate Property, as to an Undivided 50% Inte/est as TenantsJnCornmpn By: ^^- 7 (Sign Here) Thomas Hurley, An Unmarried Man, Tenant in Common (Print Name and Title) (Sign Here) Richard Albert Wools'ey, A Married Man as his Sole and Separate Property, Tenant in Common (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 City Attorney 2 H:\Development Services\PROJECTS\RP FILES\RP 06\RP 06-03 Roosevelt Center-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(452-5A).doc 6181 State of California County of San Diego On (Date) personally appeared before me, (Name, Title of Officer) 'J (Name[s] of Signer[s]) jXpersonally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that executed the same in prs/hWfhej) authorized capacity(ies), and that by< 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 ignature of Notary MONE11A ALLISON Commtaton * 1607540 Notary PubKc - CoWomia San Diego County My Comm. Expires Oct 13.2009 (This area for official notary seal) Title or Type of Document \\-old Date of Document Signer(s) other than named above u*«t,« A -Tl'/icrr /) — L i/~f <j ( Ctf^ttfl / No. of Pages _L Ai^ f, An A. ^f?f? / A//f] S— '2-fiA-t G- ) ffifi H:\Development Services\PROJECTS\RP FILES\RP 06\RP 06-03 Roosevelt Center-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(452-5A).doc 6183 EXHIBIT "A" Real property in the Qty of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: (APN: 203-292-15) LOT 28 IN BLOCK 34, TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. PARCEL B: (APN: 203-292-16) LOT 29 IN BLOCK 34, TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,1888. PARCEL C: (APNS: 203-292-17; 203-292 19) THOSE PORTIONS OF LOTS 30,31 AND 32, IN BLOCK 34, IN THE TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32, RUNNING THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOTS 32,31 AND 30, A DISTANCE OF 75 FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY BOUNDARY LINE OF SAID LOT 30; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY BOUNDARY LINE A DISTANCE OF 50 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY FROM SAID SOUTHWESTERLY BOUNDARY LINE OF SAID LOTS 32, 31 AND 30, A DISTANCE Of 75 FEET TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID LOT 32; THENCE SOUTHWESTERLY ALONG SATO BOUNDARY LINE WHICH IS ALSO THE NORTHWESTERLY LINE OF ELM AVENUE, A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. APN: 203-292-15-00 and 203-292-16-00 and 203-292-17-00 and 203-292-19-00