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HomeMy WebLinkAboutCT 85-34; Western National Homes I Ltd; 90-383700; Hold Harmless Agreement/Release1" /"/ &-- > I' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Carlsbad Parcel No. 215-050-03, 04, 05 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan Nl 296-3A) AND IMPROVEMENT PLANS (Plans NO. 296-3) and for development to occur property described as the southeast quarter of the northwest quarter of Secti 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County San Diego, State of California,according to official plat thereof, (APN 215-05 03, 04, 05) We Western National Homes I, Ltd., the owner of said proper promise to indemnify and to hold the City of Carlsbad and any of its agenci or employees harmless from liability for injuries to persons, or damage to taking of property, directly or indirectly caused by the diversion of water the alteration of the normal flow of surface waters or drainage, or t concentration of surface waters or drainage from the drainage system or 0th improvements identified in the approved plans; or by the design, constructi or maintenance of the drainage system or other improvements identified in t approved plans. Approval of the plans by the City shall not constitute an assumption the City of any responsibility for such damage or taking. City shall not be insurer or surety for the design or construction of the improvements pursu; REV 4/89 1 CT 85- -3 Y L Q 228 e e4 I , to the approved plans, nor shall any officer or employee thereof be liable ( responsible for any accident, loss or damage happening or occurring during tt construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all draina! systems to insure a free flow to a satisfactory point of discharge unless sa. systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heir: successors or assigns having an interest in all or any part of the properi described herein t IN WITNESS WHEREOF, the undersigned has executed this instrument th 90 6th day of March 7 19-. Western National Homes I, Ltd. A California Partnership Western National Homes, a California Corporation, its General Partner crei t I L I APPROVED AS TO FORM: $ 4 L- BY. s ' wRm i HMTA 1 OEWTY CITY ATlORNEY VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgment of execution by the OWNERS(S) must be attached). L 1 1 REV 4/89 2 ' Hold Harmless Agreement Drainage, STATE OF CALIFORNIA On March 6, 1990 2 2 9;s.. - COUNN OF_.XAEg!? _______ -.-.-----: ._____. before me. the undersigned. a Notary Public in and for 2 - c said State. personally appeared MatLhew K- oSSO&-.--..--- --and . personally known to me (or proved to me on the basis ;;x a c c) ._ ____-- I. i John J. Stephens as BQ I $0 a -+ .= National Homes ._ E .: ; 5 m 2 ..- of satisfactory evidence) to be the persons who executed the within instrument as- r ', I . .' XX President and Assistant secretaq. on behalf of Western mc the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- lawsora resolutionof itsboardof directorssaid corporation being known to me to be one of the partners of-Western I PATRICIA 6. THOMPSON ORANGE COUNTY ZQ iz Notary PublicGalifornia 3 s .g - .-__--_, t -LL National Homes I, Ltd- I : A N i 8- 2 I 8 L- the partnership that executed the within instrument. and ack- nowledged to me that such corpOration executed the same as such partner and that such partnership executed the same. WlTNESS my and and official se?l. Sig"a,"re: /a? ,. ~~gz;.;L.c.e,..: ~ ;g .;LqL i~+W .-_. ; lc ,r I .- (This area for official notarial seal) 0 1