HomeMy WebLinkAboutMS 02-11; Dominguez Donald L & Lucy A; 2005-0335521; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
DOC # 2005-0335521 I llllllll Ill lllil lllll I1111 Ill11 11111 11111 Ill11 Ill11 IIIII lllll Ill 1111
APR 21,2005 455 PM
OFFICIAL RECORDS SAN DIE G 0 CU U N T‘T‘ RECORD E R’S U FFI CE
LREGORY 11 Sh41TH, COUf?lT’r’REC@RL)ER
0 00 4
FEES: PAGES:
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 156-231-40
PROJECT NO. & NAME: MS 02-11
Dominguez Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval for development to occur on property described
as attached Exhibit “A”, (I)We, Donald L. Dominguez and Lucy A. Dominguez, husband and
wife as joint tenants, 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
slteration of the normal flow of surface waters or drainage, or the concentration of surface
ilvaters or drainage from the drainage system or other improvements identified in the approved
Aans; or by the design, construction or maintenance of the drainage system or other
mprovements identified in the approved plans.
Approval of the plans by the City shall not constitute an assumption by the City of any
’esponsibility for such damage or taking. City shall not be an insurer or surety for the design or
:onstruction of the improvements pursuant to the approved plans, nor shall any officer or
?mployee thereof be liable or responsible for any accident, loss or damage happening or
iccurring during the construction work or improvements as specified in this agreement.
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1:lDeveloprnent SeNlCeSIMaSterdBOndS & AQreeernntdHold Harrrrless Agreement Drainage Rev. 12/06/98
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
I 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 ,20@.
PROPERTY OWNERS
Donald L. Dominguez, Owner 1 LPrint Name and Title)
Lucy A. Dominguez, Owner \
(Print Name and Title) v
Date: 3 ,/I $0
(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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H:IDevelopment ServicedMastersIBonds & AgreeemtdHold Harmless Agreement Drainage Rev. 12/08/98
State of California )
)
County of San Diego 1
9 .(Name, Title of 6fficer)
On
(Date)
(Name[s] of Signer[s])
personally appeared MDb42%AlN~Wp<nos,
personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare 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
Date of Document No. of Pages
Signer(s) other than named above
3 I:/Development ServicesfMasterslBonds & AgreeemtsfHold Harmless Agreement Drainage Rev. 12/08/96
Exhibit "A"
All that certain real property situated in the County of San Diego, State of California,
described as follows:
That portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West,
San Bernardino Meridian, in the County of San Diego, State of California, according to
Official Plat thereof, described as follows:
Commencing at the Northwest corner of said Section 6; thence along the Northerly
boundary line of said Section 6, South 89'59' East, a distance of 1946.69 feet to a
point; thence South 0'55' East a distance of 334.78 feet to the point of beginning;
thence North 89'51'35" East a distance of 121.01 feet to a point; thence South 0'55'
East a distance of 334.44 feet to a point; thence South 89'42'15" West a distance of 121.01 feet to a point; thence North 0'55' West, a distance of 334.77 feet to the point of
beginning.
EXCEPTING THEREFROM the following portion of the above described parcel;
Beginning at the Southeasterly corner of said Parcel described above; thence North
O"55' West, along the Easterly boundary line thereof 177.22 feet; thence South
89'42'15" West, 65.0 feet; thence South 0'55' East 177.22 feet to the Southerly line of
said Parcel; thence North 89'42'15" East along said Southerly line 65.0 feet to the point of beginning .
APN: 156-23 1-40