HomeMy WebLinkAboutCDP 01-41; Hurly, Thomas & Nowak, Lance; 2002-1076952; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GMGDR’I‘ J. SMITH? COUNTY RECORDER FEES: 19.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 204-240-19-00
PROJECT NO. & NAME: CDP 01-41
Garfield Street Homes
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG No. 402-3A) for
development to occur on property described as attached Exhibit “A, (I)We, Thomas Hurley, an
unmarried man and Lance Nowak, a married man as his sole and separate property 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 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
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.
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H:IDevelopment Services/Masters/Bonds & AgreeemnWHold Harmless Agreement Drainage 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 / 8 A
PROPERTY OWNERS
Thomas Hurley, an unmarried man and Lance Nowak, a
married man as his sole and separate property as joint
Thomas Hurley, Joint Tenant
(Print Name and Title)
Lance Nowak, Joint Tenant
(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:
RONALD R. BALL City Attorney
ity Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
&k&Qr \g’kmlbefore me, ?th~..F\ Name aid Title of Ofticer - Rb (e.g., “Jane Doe, Notary Public”)
personally appeared Date LcLuce AA”& Name(s) of Slgner(s)
dlly known to me
0 proved to me on the basis of satisfactory
evidence
Though the information below is not required by law, it may prove valuable to persons rewing on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
B 1999 Natlonal Notary Association * 9350 De Sot0 Am, P.0 Box 2402 * Chatsworth, CA 91313-2402 * w.nationalnotary.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827
State of California 1
County of San Diego ) 1
personally appeared
(NameM of Signerh)
,Rersonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person& whose name0
is/qe subscribed to the within instrument and acknowledged to me that he/sf@thq
executed the same in his/WttRir authorized capacityo, and that by his/bx/thqir
signatureb) on the instrument the persono, or entity upon behalf of which the personfs.)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document & /A t)a~ M [e= A QfqPmBnf - L&bMa
Date of No. of Pages
J 0
Document ZP
Signer(s) other than named above al/r~-C ud LJK L -. -
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.
Exhibit “A
Legal Description
LOT 11 OF BLOCK “0” OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1747, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5,1923.
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