HomeMy WebLinkAboutCDP 03-34; Hart, Robert K. & Wendy M.; 2004-1201099; Hold Harmless Agreement/ReleaseDOC # 2004-1 201 099
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 21,2004 4:45 PM
UFFlClAL RECORDS 5AN DIEGO COLINT'I' RECORDER'S UFFICE GREGOR'iJ SMITH, COUNTY RECORDER
FEES 0 00 PAGES 3
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-080-02-00
PROJECT NO. & NAME: CDP 03-34
La Casa de CorazodHart Anartments
HOLD HARMLESS AGREEMENT
DR AI NAG E
In consideration of the City's approval of a drainage plan (Plan No. 421-4A) for
development to occur on property described as Lot two (2) in block "K" of Palisades, in the City
of Carlsbad, County of San Diego, State of California, according to map thereof no. 1747, filed
in the office of the county recorder of San Diego County, February 5, 1923, We, Robert K. Hart
& Wendy M. Hart, Husband & Wife as joint tenants, the owner 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:/Developmenl Services/Maslers/Bonds & Agrewmnts/Hold 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
IN WITNESS WHEREOF, the undersigned has executed this instrument this 24
assigns having an interest in all or any part of the property described herein.
dayof btr ,20-&.
PROPERTY OWNERS
Robert K. Hart & Wendv M. Hart, Husband &Wife as Joint Tenant
By: WKGL4 (Sign Here)
Robert K Hart, Husband as Joint Tenant
(Print Name and Title)
Wendy Hart, Wife as JoihGkrrdnt
(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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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H:/Development Services/Masters/Bonds 8 AgreeemntsRlold Hadess Agreement Drainage Rev. 12/08/98
State of California 1
)
County of San Diego )
On LT,$--~~~ before me, I/ S-cjLIlRer 9
(Name, Title of Officer)
.?
personally appeared 66&5227 /y* Hd 47- /4AJ
(Name[s] of Signer[s])
Urnby fk -h'ARi- personally known to me -OR - $"
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
%$are subscribed to the within instrument and acknowledged to me that beHe/they
executed the same in ttisfkerhheir authorized capacity(ies), and that by k&er/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) Signatu6 of Nota&
Title or Type of Document #A/ <>d W &-@-e Date of No. of Pages
Document 2. ClOOY x / 11 Signer(s) other than named above "32-
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Rev. 12/06/98 H:/Development ServiceslMasterslBonds & AgreeemtsRlold Harmless Agreement Drainage