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Home My WebLink AboutCDP 06-16; Matsubara, Taeko M, Earnest M and Helene; 2008-0235430; Hold Harmless Agreement/ReleaseDGC# 2008-0235430 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAY 01, 2008 4:45 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH.COUNTY RECORDER FEES: 15.00 PAGES: ABOV&THI& LIME FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-262-11 PROJECT NO. & NAME: GDP 06-16 Matsubara Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 452-2A) for development to occur on property described as The easterly 75 feet of the westerly 150 feet of the southeasterly 152.36 feet of the portion of lot 242 of Thumb Land in the City of Carlsbad, County of San Diego, according to Map thereof No. APN 206-262-11, I/We, Taeko M. Matsubara, a widow, Earnest M Matsubara, and Helene Matsubara, 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. 1 H:\Development Services\PROJECTS\CDP FILES\CDP 06VCDP 06-16 Matsubara Residence\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(DWG 452- 2A).doc 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 Z. S day of JAM , 20 0% . PROPERTY OWNERS Taeko M. Matsubara, a widow (Sign Here) Taeko M. Matsubara, a widow rint Name and Title) Date: By: ' (£ign Here) //. (Print Name and Title) Date: — 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 Deputy City Attorney 2 H:\Devetopment Services\PROJECTS\CDP FILES\CDP 06\CDP 06-16 Matsubara Residence\Bonds and AgreemenfiHOLD HARMLESS AGREEMENT DRAINAGE(DWG 452- 2AJ.doc State of California County of On CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 7,* A before me,V** (her^insert name and title of the officer) personally appeared V* • fVrt<,v**f-4r &HW& who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) hi/are subscribed to the within instrument and acknowledged to me that ^e/shje/they executed the same in hi*/jjier/their authorized capacity(ies), and that by rrfs/r)er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature / OFFICIAL SEAL DAREN VASS ""N (Seal) ' OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: [H Individual® I I Attorney-in-Fact D Corporate Officer(s) Title(s) D Guardian/Conservator D Partner - Limited/General D Trustee(s) D Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Ad d it i o n a I I n f o r m a t i o n Method of Signer Identification Proved to me on the basis of satisfactory evidence: I— O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry ft Notary contact: Other | | Additional Signer(s) | | Signer(s)Thumbprint(s) D © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-36]2 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com