HomeMy WebLinkAboutMS 98-02; Sebold, David; 2001-0347200; Hold Harmless Agreement/Releasel - * l~l~l~l~ll~lll~lIIIIl~~oyll~ll~Y Dot # 2o01-0347~~o 2001-0347200 MAY 309 2001 8:24 GM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
4 \oss aTICIcy BcoRI#; swI)ID6omRMIRDER’sm
GEGuRY k!YMp @K- . . .
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 216-240-l 6-00
PROJECT NO. & NAME: MS 98-02
Torrejon Condominium Conversion
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. DWG 169-2A) and
improvement plans (Plan No. DWG 169-2) for development to occur on property described as
lot 234 of La Costa South Unit No. 3, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 6533, filed in the office of the County Recorder of San
Diego County, November 3, 1969, We, D. David Sebold and Barbara J. Zacharias, 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 approv ,<plans, nor shall any officer or
MastersfFormsMold Hanless Agt Drainage
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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 5?iJd
dayof /$$flc/l ,2OU/ .
PROPERTY OWNERS
D. David Sebold and Barbara J. Zacharias
(Sign Here)
D. David Sebold, owner
(Print Name and Title)
Barbara J. Zacharias. ownerV
(Print Name and Title)
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
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I Masters/Fom-e/Hold Harmless Agt Drainage Rev. 12/O&98
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State of 6eMrm7?
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On 3-3 -01 before me, hzLq/’ hiv4kl&~~
(Date) I [ (Name, Title of Offider)
personally appeared
(Name[s] of Signer[s])
k l personally known to me -OR - .
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument
WITNESS my hand and official seal Subscribed and sworn to before me
this 30th day of March, 2001.
r
J (This area for
Title or Type of Document
Date of
Document
Signer(s) other than named above
Masters/Forms/Hold Harmless Agt Drainage Rev. 12Mww
. . r..J 6532
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State of California
County of San Diego
On $$?!& before me, &2.&k 4 6/hs$;e,$hgf&
personally appeared ZCC/w,~J ’ - u (Name[s] of Signer[s])
(proved to me on the basis of satisfactory evidence) to be the person@ whose name(s)
is/&e subscribed to the within instrument and acknowledged to me that ke/she/tbey
executed the same in his/her/their authorized capacity@@, and that by kis/her/tkeir
signature@) on the instrument the person@+, or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
Title or Type of Document
Date
Document
of No. of Pages
Signer(s) other than named above
3 RW.12/08/98