HomeMy WebLinkAboutCDP 03-49; Brown, Elaine L Kunkel; 2005-0243582; Hold Harmless Agreement/Release.-
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAR 24,2005 459 PM
O FFI ClAL RECUR D 5 SAN DIEGO COUNTY RECORDER'S OFFICE LHEGURY J ShIITH COUNTY RECORDER
P4GES FEES D uu 3
ASSESSOR'S PARCEL NO.: 21 0-1 15-24-00
PROJECT NO. & NAME: Brown Residence
CDP 03-49
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. DWG 422-5A) for
development to occur on property described as Lot 119 of Terramar Unit No. 4, in the City of
Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 3312,
filed in the office of the County Recorder of San Diego County, October 14, 1955. I, Elaine L.
Kunkel Brown, 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
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H:IDevelopment ServicedMaster?JBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/06/98
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 f[
dayof .flo(-~ s#Wh *A- ,200Cf.
PROPERTY OWNERS
Elaine L. Kunkel Brown, Trustee of the 1997 Brown Familv Trust dated October 31, 1997
;I-&A*
(Sign Here)
Elaine L. Kunkel Brown, Trustee
(Print Name and Title)
By:
(Sign Here)
(Print Name and Title)
Date:
(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: f -
-City Ktbrney
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& AgreeemntdHold Harmless AQreement Drainage Rev. 12/08/98
State of California ) 1
County of San Diego 1
WITNESS my hand and official seal
(This area for
official notary seal)
~ 8& eMh&
Signature of Notary
On ?DO I(. 04 before me, hrtltrih ~c~chd, PM~ kbi/e: ,
(Date) (Name, Title of Officer)
personally appeared tlacnk L KrnWbroLlJA
(Name[s] of Signer[s])
(proved to me on the basis of satisfactory evidence) to be the person@ whose name(yf
Om+iubscribed to the within instrument and acknowledged to me that-
executed the same in eWauthorized capacity- and that by .-
signaturepn the instrument the or entity upon behalf of which the person(s)
acted, executed the instrument.
Date
Document 3 No. of Pages
Signer(s) other than named above
3 I H:/Development Services/Masters/Bonds 8 AgreeemntsRlold Harmless Agreement Drainage Rev. 12/06/98