HomeMy WebLinkAbout90-1846; Shepard, James and Marilyn; 1991-0042683; Hold Harmless Agreement/Release22c)y P
RECORDING RE&ESTED BY AND ) .,-WHEN RECORDED MAIL TO: ! rqfliiw mnmmc nmrc CITY OF CARLSBAD
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1200 Elm Avenue ~~!~EIT: :Vl; c Carlsbad, California 92008 RF: _:. 'jt.! :yi-i 1 = Space above this lin@:for R rderls use ii: - I..
Parcel No. 205-430-43
HOLD HARMLESS AGREEMENT DRAINAGE
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In consideration of the City's approval of a building
permit (Plan No.90-1846) for development to occur on property
described as a portion of Tract No. 241, Thum Lands according to
Map No. 1681 (APN 20%430~43), We James Shepard and Marilyn
Shepard the owners of said property promise to indemnify and to
hold the City of Carlsbad and any of its agencies or 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.
It is further agreed that the above owners will maintain all
Agreements/AG-14.FRM REV. S/21/90
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drainage systerlls 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 3Q -day of Xfifiufi& I , 19 41. .
By:
By:
APPROVED AS TO FORM:
VINCENT F. BIONBO, JR. City Attorney
By: /u
(Proper notarial acknowledgment of execution by the OWNERS(S) must be attached}.
Agreements/AG-14.FRM REV. 5/21/90
NOTARY ACKNOWLEDGEMENT 22/39
State of California On this the 3rd day of January , 1991 before me,
ss. ****Jim Stewart****************** County of San Diego >
NOTARY’S NAME (TYPED OR PRINTED)
the undersigned Notary Public, personally appeared
*****James Shepard and Marilyn Shepard**************
cl RBf9wbw lwycrfi/2# Me' / q proved to me on the basis of satisfactory evidence
to be the person (s) whose n ***are***** subscribed to the
strument, and ackn ***they**** executed it.
(This area for official notarial seal)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, ii could prevent fraudulent attachment of this certificate to another document
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document Hold Harmless Agreement Drainage
Number of Pages two Date of Document 01/03/91
Signer(s) Other Than Name Above nja
sv 0715 9-90