HomeMy WebLinkAboutCT 99-02; Fieldstone Poinsettia Cove LLC; 1999-0739476; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC --it 1999-0739476
NmJ 05s 1999 II:03 ml
oFFICI# REm SAN DIE!3 IXWTY RElllRIER’S UTIE GRoGaw g1TH, yTYYR!mRDER : .
SPACE ABOVE THIS LINE FOR RECORDER’S USE
&!&(~###k~EL NO.: 214-150-I 7
N&d &&i&E: CT 99-02
PWW~TIA &&PERT~ES, PA 7
: ( I ‘._‘I ‘,’
I1 I WCWiiD HARMLESS AGREEMENT “‘ ,,, (:, ” * ‘: ; ) ,: “ DRAINAGE ‘) ‘,c r’:’ : * ;;;,j i,L ;;> .: ‘( Q’jj’, <j:’ I ,” co&a~&$~&&~f tK& atv’s appra~~l,“&f p &.#&@ p,aQi (p&h 1 i,3e’ 3:’ by (,I &;I e; j,b 1, No* : : zf~‘;:~~l g&k&*) and
,,
improvement‘ plans ! 4 : I;,‘ $n No. 382-5) for development to occur on property de&ribed as >A i j ;#a~ 1 i> northeast of interse&& of Poinsettia Lane and Carlsbad Blvd., He, Fields~~~,:~~~~nsettia (8’: .,ji:: Cove, LLC, a Dela&/re limited liability company, the owners of said prope@ pmise to (,,@ ESb“ ‘,( *‘~‘~~j~: I L s :,I ‘iii“
indemnify and ,to ,hok&&~ City &&rlsbad; its dftlcers, agents ahd’empfoyeeti kb~bss from (8, (:: ,-.:, ,i ‘:!, ii * ‘i
liability for inju&$,f~$$&&$‘s, or damage to or taking of property, di~@i.&‘& i$$$(&f$y caused
.; : by the diversion of waters, the alteration of the normal flow of surface waters or tirafnage, or the
concentration of surface waters or di&nage from the drain$gB’:$ystem or other improvements
identified in the approved~ pfd&s; &- by the de-s5gn, construction o?maln@.Wance of the drainage
system or other improvements ideritiri~~~~~ttil‘apprc~~~ld~~f;.
‘,“ ,‘&
)“ ,&‘, ,‘-
Approval of the plans by the City shall not constitute an assumption by the City of any
responsibility for such damage or taking. City shall not be an insurer or surety for the design or
construction of the improvements pursuant to the approved plans, nor shall any officer or
employee thereof be liable or responsible for any accident, loss or damage happening or
occurring during the construction work or improvements as specified in this agreement.
Masters/Foms/Hold Harmless Agt Drainage
1
Rev. 12/08/98
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
free flow to a satisfactory point of discharge unless said systems are accepted as public
facilities.
It is further agreed that this agreement shall be binding on all heirs, successors or
assigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of
‘its managing member
,,‘a ,,, i ‘:‘ a,, 1‘ ”
,vp’, :‘ “>
(Print Name and Title) (ii E ‘jj 1 12 ‘>i i :;:;: !$;+
Date: ~cte&+ &I ,L&::‘, ,&j i’, $Ijiij gig; !‘(, Ed/ :j:a ::I): q I ,_a ” (: ,a:,‘/$ :( IS I ;,I : ” 0” ,(,, :+: ,- j : ‘-,: / (( ; :I.{, !‘ ;Z$ L( L,L ‘ Lwi,a i
(Sign l-lere) ‘,a3 ‘;
8 :,:
(,I /,( ::;: i “ ,‘j
: : $3 2 3, (Proper not&l &kfiituvl&&ment of &cution by suBfJl+rDiR must be ‘2 ; _>
(Chairman, presldent ‘or vice-president and secretary, assistant secretary, ‘idf%‘k- assistant
treasurer must sign for corporations. Otherwise, the corporation must attach’ a resolution
certified by the secretary or assistant secretary under corporate seal empowerfng the officer(s)
signing to bind the corporation:)
APPROVED AS TO FOR& ” ~’ ~,; ‘;I, “‘ ,j ‘, ‘i’3!jiq‘,r ( 8 :- ~:~:~ij!rr@c,i;,
: ,‘,;i;/z;;;;I;, :‘: “(
RONALD R. BALL ‘i ! or ,-, : i i 3. i 1,: 1 ;, ;,?A, 13 1 ,,: /:L City Attorney ,j_ ,( .,- 2 3 :,-,: ,(~(~ :’ ~: _i -,,
By:
I Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98
-
3253
State of California
County of San Diego 1
OnOctober 19,1999before me, Diane E. Thatcher
(Date) (Name, Title of Officer)’
personally appeared Andrew Murphy and Anna L. Scott
(Name[s] of Signer[s])
t personally known to me -OR - ------ ---------___ ~------------_-_____
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their 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)
Title or Type of Document Hold Harmless Agreement Drainage
Date of Document October 19, 1999 No. of Pages -2-
Signer(s) other than named above