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HomeMy WebLinkAboutCDP 04-52; Gorszwick, Joseph J,Marie-Therese, Erick&Marck; 2005-1054393; Hold Harmless Agreement/ReleaseDOC# 2005-1054393 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DEC 07, 2005 3:48 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH,COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-085-07 PROJECT NO. & NAME: GDP 04-52 Gorszwick Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 424-8A) for development to occur on property described as Lot 58 of Carlsbad Highlands no. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2825, filed in the Office of the County Recorder of San Diego County, December 5, 1951. I/We, Joseph J. Gorszwick and Marie-Therese Gorszwick, husband and wife and Erick J. Gorszwick, a single man and Marck D. Gorszwick, a single man, all as joint tenants 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. 1 H:/Development Services/Masters/Bonds & Agreeemnts/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 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 J^ove-^^g-e*- 20 e>5 . PROPERTY OWNERS Joseph J. Gorszwick and Marie-Therese Gorszwick, husband and wife and Erick J. Gorszwick, a single man and Marck D. Gorszwick, a single man, all as joint tenants T v STgnherV Joseph J. Gorszwick, husband Print name and title By:j. X$c*£iAjfrrju Sign here1Sign Erick J. Gorszwick, a single man Print name and title Sign here / Marie-Therese Gorszwick, wife Print name and title By: S(gn here Marck D. Gorszwick, a single man 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 By: -Assistant City Attorney H:/Developmenl Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 State of California County of San Diego On before (Date) personally appeared O (Name Ojf\t 3"G me, Titl4 of Officer^ u3i CC o\r£I tf^ I I"u)('dc' "V" ^M Utr ^ (Name[s] of Signer[s]) KCX . n personally known to me -OR -VN- (proved to me on the basis of satisfactory evidence) to be the person^) whose name/S)) »/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in -We4*ef/their authorized capacitytfeip and that by Wo/her/their signature^5>on the instrument the person(|j) or entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal Signature of isfotary SERINA KIM LOGAN Commission # 1434839 Notary Public - California f San Diego County f My Comm. Expires Aug12,20X)7p (This area for official notary seal) Title or Type of Document V\fW\ Date of Document /A/Q V»No. of Pages O Signer(s) other than named above f\J\(\f~C^ V) * Hi/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally Date appeared before me, ss. Name and Title of Officer (e.g., "Jan'e Doe, Notary Public") OKg.S"ZJ\M \QJ<fL Name(s) of Signer(s) MELISSA G.MURPHREE Commission* 1473235 Notary Public - California Atameda County My Comm. Expires Feb 29,2008 ^/personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and offjcial^eal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Signer(s) Other Than Named Above: Number of Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Represeptfng:ireseptfni Igner's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827