HomeMy WebLinkAboutCDP 03-46; Berry, Roger C. & Julie A.; 2004-0788493; Hold Harmless Agreement/ReleaseDUC # 20044788493
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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AUG 19,2004 9:15 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 0. 00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 214-022-06
PROJECT NO. & NAME: BERRY RESIDENCE
6482 SURFSIDE CDP 03-46
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. CB 04-2614) for
development to occur on property described as Lot 15 in Block 23 of La Costa Downs Unit No.
1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 2013, filed in the Office of the County Recorder of San Diego County, April 6, 1927. We,
Roger C. Berry and Julie A. Berry, 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
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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 26
dayof %ab. 8 204%.
PROPERTY OWNERS
By:
ROGER C. BERRY
(Print Name and Title)
V JULIE A. BERRY
(Print Name and Title)
Date: 7 -dca-UcJ
(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
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State of California ) 1
County of San Diego 1
On 5-L 7nM before me, -rA++i 5 I (Name, Title of Officer)
personally appeared Cd. 3tJ\;c, $4 - QeF+l
(Name[s] of Signer[!$
P 0 personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name($
idare subscribed to the within instrument and acknowledged to me that hdsbe/they
executed the same in hidbedtheir 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
(This area for
official notary seal)
11 Title or Type of Document
Date of No. of Pages
Document 11 Signer(s) other than named above
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