HomeMy WebLinkAboutRecorded Doc 2009-011 DOC # 2009 -0201760 1310
04/24/2009 08:00A Fee:NC
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Recorded in Official Records
¢ t s ' County of Riverside
RECORDING REQUESTED AND Larry W. Ward
j Assessor, County Clerk & Recorder
AFTER RECORDATION RETURN TO:
City of Cathedral City
111111 1111111111111111111111111111111 ll III
68700 Avenida Lalo Guerrero
S R U PAGE SIZE DA MISC LONG RFD COPY
Cathedral City, Ca 92234 ' /�
Attn: Robert Rodriguez, Planning Dept. ./
APN: 674-700-059 M A L 465 426 PCOR NCOR SMF ( 1 HG EXAM
' IT: CTY UNI k
HOLD HARMLESS AGREEMENT AND COVENANT
RUNNING WITH THE LAND
2
This Hold Harmless Agreement and Covenant Running with the Land ( "Agreement and
Covenant ") is made and entered into this 4 day of 1 , 2009, by
° hc e f'Y\C[ y J,41 C_ and A }-{ yl ( )/Yl , hereinafter
"Owner ", whose address is 36 -577 ?gseo O ED Sot- , Cathedral City, California, Y
92234, and is made with reference to the following facts:
A. Owner hereby warrants that he /she /they are the legal owners of a leasehold interest in that
certain real property within the City of Cathedral City described as follows:
(Adjusted Lot 24 as described in the Certificate of Compliance for Lot
Line Adjustment No. 2004 -374, recorded on July 1, 2004, as Instrument
No. 2004 - 0510937, official records of Riverside County, Riverside
I County's Assessor's Parcel Number 674 - 700 -059) ( "Property ")
B. A portion of the above described real property ( "Property ")is encumbered with a storm
drain easement, granted to the City of Cathedral City by a Grant Deed recorded on
5EprEMgER 3 , aooa , as Instrument No. aooa - yen , in the Official Records of
Riverside County, and dedicated to the City of Cathedral City by certificate on the final map of
Tract No. as54,I -I , recorded in Map Book 393 , at Pages 35 through V/9 , inclusive,
Records of Riverside County ( "Easement ");
C. In conjunction with the construction of a single family residential home on the Property,
certain improvements were constructed which encroach into and over the Easement, which
improvements include but are not limited to the following: decorative fencing; masonry walls,
swimming pool structures, decking, swimming pool pump and recirculation systems,
landscaping and irrigation facilities and lighting facilities ( "Encroachments ");
D. Said Encroachments may interfere with the City's maintenance, repair, operation, and
inspection of the storm drain facilities within Easement;
E. The single family home on the Property has been completed but has not yet been given a
final inspection and approval for occupancy for the City's Building Department because of the
presence of the Encroachments;
•
F. Owner desires that the above described private yard improvements remain in place, and
that in consideration of the City's agreement not to require the removal, relocation or alteration
of the Encroachments, and receipt of the City's final inspection and approval for occupancy of
'$ the said single family residence on the Property, Owner promises to indemnify and hold
harmless the City from any liability, claims, damages or demands related to the ongoing
Encroachment(s) into the Easement.
NOW, THEREFORE, in consideration of the foregoing, and the issuance by City of a final
building inspection and approval for occupancy of the single family residence constructed on the
Property, and for other valuable consideration, the receipt of which is hereby acknowledged, the
undersigned Owner hereby covenants, promises and agrees as follows:
1. The recitals set forth in Paragraphs A throu h F above are hereby g y incorporated by
reference into this Agreement and Covenant.
2. Owner agrees and declares that he /she /they are aware of and understand that the above
described yard improvements encroach into the Easement, and that the Encroachments may be
subject to damage, harm or flooding due to the presence of the City storm drain within said
Easement, or from City's need to maintain, repair, clean, or inspect said storm drain.
3. Owner, for itself, himself, herself, or themselves, and their successors, heirs, executors
and assigns, agree to indemnify, release, hold harmless, and defend the City of Cathedral City, its
officers, agents, independent contractors, and employees, from any liability, responsibility, claim
or right of action which they or others may have by reason of the City of Cathedral City making
final inspection of the Property, approving any occupancy of the Property, or allowing the
continued existence of the Encroachments into the City's Easement.
4. Owner, for itself, himself, herself, or themselves, their successors, heirs, executors and
assigns agree to indemnify, release, hold harmless, and defend the City of Cathedral City, its
officers, independent contractors, agents and employees, from any future liability, responsibility,
claim or right of action which they or others may have for any losses, injuries, damage, flooding,
settlement, erosion or damages to the private improvements within the Easement which may be
suffered in the future on or about Property other Property's improvements due to the presence,
operation, maintenance, repair or use of the City storm drain, unless said losses, injuries,
damage, flooding, settlement, erosion or damages are caused by or due to the willful misconduct
or sole negligence of the City of Cathedral City, its officers agents, independent contractors, or
employees.
5. The covenants, agreements and warranties contained herein are hereby acknowledged to
be for the benefit of the above described Property as well as that of surrounding properties, and
shall remain in effect until expressly released by appropriate action of the City of Cathedral City,
and is intended to be and shall continue to be a covenant running with the land hereinabove
described and shall be binding upon the legal representatives, successors, and assigns of Owner.
6. If any action, suit or proceeding is brought for the enforcement of, or the declaration of
any right or obligation pursuant to this Agreement or as a result of any alleged breach of any
2009- 0207fi0
1 11111111111111111111111111111111111111 III11111111 a4/24i20of 08 0 0A
provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to
recover its costs and expenses, including reasonable attorney's fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
7. This Agreement and Covenant shall be recorded in the Riverside County Recorder's
2 Office.
} IN WITNESS WHEREOF, OWNER has executed this Agreement and Covenant on the day and
year written above.
" WNER"
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,
State of California )
County of Riverside )
On . / e, ( f ( before me, - V
' I , a notary public, personally
appeared, $ t, k' . 'h aid -6 ' rb p P y
��vho proved to me on the basis of satisfactory
evidence to be the .whose nameSis subscribed to the within instrument and acknowledged
to me that he/s 7executed the same in ilthlt signature on the instrument the person* or the
entity upon behalf of which the persomacted, 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.
WI ESS my hand and official seal.
P ;.4 NA SEL.LJN
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■gok r M . 595865
Signature of Notary Public \ F " " • CALIFORNIA v
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