HomeMy WebLinkAboutCDP 03-10; Johannsen, Gerald Lance & Susan D; 2005-0427088; Hold Harmless Agreement/ReleaseDOC # 2005-0427088
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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MAY 20,2005 8:17 AM
0FFICIP.L RECORDS SAN DIEGO CULINTY RECORDER’S UFFICE GREGURY J SMITH, COUNT’Y RECORDER
FEES u 00
PAGES 4
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SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 21 0-1 15-1 2
PROJECT NO. & NAME: CDP 03-10
Johannsen Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG 423-5A) for
development to occur on property described attached Exhibit “A”, according to Map thereof No.
3312, We, Gerald Lance Johannsen and Susan D. Johannsen, trustees of the Gerald Lance
Johannsen and Susan D. Johannsen Revocable Trust utd May 25,2004, 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
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HYDeveIopment ServicsslMastersiBonds & AgreeemnrslHoId Harmless Agreement Drainage Rev 12/08/98
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 a
dayof rC\ec& ,2005.
PROPERTY OWNERS
Gerald Lance Johannsen and Susan D. Johannsen. trustees of the Gerald Lance Johannsen and Susan D. Johannsen Revwable Trust utd Mav. 25. 2004
By:
Gerald Lance Johannsen, Trustee
(Print Name and Title)
Susan D. Johannsen, Trustee
Date: 3 J IS 1 I &o-s
(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
2ertified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
4PPROVED AS TO FORM:
3ONALD R. BALL Xy Attorney
3y:
-t City Attorney n.
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1:iDevelopment Service%astersiBonds & AgreeemntslHold Harmless Agreement Dralnage Rev. 12/08/98
State of California 1 “61. Rlvw%d.d 1
County of3m-hq-o 1
On 3-iS-05 before me, %Q- ’ 3.%M 1
(Date) (Name, Title of Officer)
personally appeared &.re\& &-e M- =+sees D .
(Name[s] of Signer[s]) - Rpersonally known to me -OR - F
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
&are subscribed to the within instrument and acknowledged to me that he&e/they
executed the same inYqs$t+er/their authorized capacity(ies), and that by ‘iqshqdtheir
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
Notary Publlc - CalHornla RIVERSIDE COUNTY My Commission Expinr JANUARY 12.2008
WITNESS my hand and official seal
(This area for
official notary seal) Signature of Notary
Title or Type of Document
Date of Document 3-45 -a005 NO. of Pages 3- Ho\A H- \e>- clr2(7 - ~4
Signer(s) other than named above
\
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H:/Development ServicesfMastersfBonds & AgreeemntsfHold Harmless Agreement Drainage Rev. 12/08/98
EXHIBIT “A”
LEGAL DESCRIPTION OF THE PROPERTY
Lot 129 Terramar Unit 4, in the City of Carlsbad County of San Diego, State of
California, according to the Map thereof No. 3312, filed in the Office of the
County Recorder of the County of San Diego on October 14, 1955.
CDP 03-1 0
JOHANNSEN RESIDENCE