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HomeMy WebLinkAboutPD 06-22; Van Wey, Larry V and Gwen A; 2007-0558612; Hold Harmless Agreement/ReleaseDOCtf 2007-0558612 f* RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 : i j :i'I ii|i!i SIiiSillili'1'I III III AUG22.2007 10:54 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,]. SMITH. COUNTY RECORDER FEES: 000 PAGES. 4 111 ASSESSOR'S PARCEL NO.: 216-220-03 PROJECT NO. & PD 06-22 NAME: (DWG 448-7A) VAN WEY RESIDENCE SLOPE REPAIR HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 448-7A) for development to occur on property described as Lot 265 of La Costa South Unit No. 4, according to Map thereof No. 6545, filed in the Office of the County Recorder of San Diego County on November 24, 1969. We, Larry V. Van Wey and Gwen A. Van Wey, husband and wife, 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 1 H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-22 Van Wey Resident - RicMPD 06-22 HOLD HARMLESS AGREEMENT DRAINAGE doc 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 *?# day of XJpjL^ , 20 Ol. PROPERTY OWNERS Larrv V. Van Wev and Gwen A. Van Wev, husband and By: (Sign Hj*fe) Larry V. Van Wey - Owner Date: ~7//*/o7 Gwen A. Van Wey - Owner Date: 7- 7- Q 7 (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 By: . 'eputy City Attorn 2 H:\Development Services\PROJECTS\PD FILESVPD 06NPD 06-22 Van Wey Resident - Rick\PD 06-22 HOLD HARMLESS AGREEMENT DRAINAGE.doc State of California County of San Diego On IQJu \\if2£X^ before me, (Date) personally appeared ublic^ \A (flame, Title of Officer) ' (Name[s] of Signer[s]) l D personally known to me -OR - A (proved to me on the basis of satisfactory evidence) to be the person£ar) whose name(#r) is/efe subscribed to the within instrument and acknowledged to me that he/ahe/they executed the same in his/hor/thetr authorized capacity(iss), and that by his/fce*fttifiir signature(«) on the instrument the person(s), or entity upon behalf of which the person(«T acted, executed the instrument. WITNESS my hand and official seal Signature of Nefary CISSY SONGALIA I Commission #1475695 I Notary Public - California \ San Diego County i MyComm. Expires Mar 9,20081 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\PD FILES\PD 06\PO 06-22 Van Wey Resident - RicWPD 06-22 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Rev. 12/08/98 State of California ) ) County of San Diego ) On 07-01-01 before me, PftCrKW , (Date) personally appeared (Name, Title of Officer) u •i(i(Name[s] of Signer[s]) t Impersonally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person^) whose name(j© is/9^ subscribed to the within instrument and acknowledged to me that (^/she/they executed the same in }«!s/her/th«lt authorized capacity^), and that by J^C/her/their signature^), on the instrument the person^), or entity upon behalf of which the person^ acted, executed the instrument. ^"^ ~ ~ ^r»Ar.nr>nnn/ R A. GRAY ^ COMM. #1623431 g WITNESS my hand and official seal 3\$gSp/ NOTst^D^UoCSu^RNIA > My Comm. Expires November 22,2009^ (This area for official notary seal)Signature of Nota Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-22 Van Wey Resident - RictoPD 06-22 HOLD HARMLESS AGREEMENT DRAINAGE.doc