HomeMy WebLinkAboutCDP 97-47; Saunders, Timothy & Sheila; 1998-0162917; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 207-093-14
PROJECT NO. & NAME: CDP 97-47
SAUNDERS RESIDENCE
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. CDP 97-47) for
development to occur on property described as Lot 45 of Carlsbad Highlands No. 2, according
to Map No. 2825, filed in the Office of the County Recorder on December 5, 1951, in the City of
Carlsbad, County of San Diego, State of California, We, Timothy D. and Sheila E. Saunders,
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 17th
day of March ,I998 .
PROPERTY OWNERS
TIMOTHY D. AND SHEILA E. SAUNDERS
By:
(Sign Here) ’ I - >
Timothy D. Saunders, owner
(Print Name and Title)
Date: 3/17/98
By: /$&..&A [‘. & c in -d’t., /-
(Sign Here)
Sheila E. Saunders, owner
(Print Name and Title)
Date: 3/17/98
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: f! ![. .,‘.> [’
, “. i .7-“, /City Attorney : .
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
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State of California
County of San Diego
On 3/17/98 before me, Nancy L. Scouler, Notary Public, ,
(Date) (Name, Title of Officer)
personally appeared ** TMOTHY D. SAUNDERS AND SHEILA E. SAUNDERS **
(Name[s] of Signer+])
c 0 personally known to me -OR -12
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) :
Mare subscribed to the within’ instrument and acknowledged to me that @m/they
executed the same in t&&f&r/their authorized capacity(ies), and that by %#&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
,’ ’ “,A,’
Signature omotary
(This area for
official notary seal)
Title or Type of Document Hold Harmless Agreement Drainage
Date of Document March 17, 1998 No. of Pages 3
Signer(s) other than named above
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