HomeMy WebLinkAboutCT 88-06; Lewis & Elsbree; 1992-0004783; Hold Harmless Agreement/Released L . c, * , -
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2118 - “oc # ~992-~~#4~~~ RECORDING R&JESTED BY AND
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0&-3A!+-1932 ()9:25 AE" WHEN RECORDED MAIL TO: gf:pfY PECbRDS %a* L s CITY OF CARLSBAD 1 SRF, CMI COUNTY RECORDER’S OFFICE 1200 Elm Avenue ) il##EfTE EUAK CO!!ta,TY RECOKl’U? Carlsbad, California 92008 RF: 5. @.I FEES: I!. 00 Space ab AF: 5. OF - !lF: I. 00 Parcel No. m 155-272-14 & 15 2 i.7 >
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a grading plan
(Plan No. 309-2A) for development to occur on property described
as Lots 7 through 12 exclusive and Block 13 of Sunny Slope Tract
in the City of Carlsbad according to Map 486, recorded February
7, 1988 (APN 155-272-14 and 15), We Lewis and Elsbree the owners
of said property promise to indemnify and to hold the City of
Carlsbad and any of its agencies or employees harmless from
liability fur injuries to persons, or damage to or taking of
propert=y, 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.
AgreemenWAG-14.FR 1 REV. S/21/90
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II 2119,
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It is fulther agreed that the above owners 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 &nw day of t7I/M& * 199/ .
Lewis and'E&sbree A California General Partnership
By: J. Lewis, General Partner
By: Charles N. Elsbree, General Partner
APPROVED AS TO FCRM:
VINCENT F. BIONDC, JR. City Attorney
By: 4JGQxLL Deputy City Attorney ' / 2/30/(3/ *
(Proper notarial acknowledgment of execution by the OWNERS(S) must be attached).
Agreements/AG-14.FRW REV. S/21/90
PARTNERSHIP ACKNOWLEDGMENT NO. 203
cT?w!EcA *wEiF
the undersigned Notary Public, personally appeared
personally known to me
Cl proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
NATIONAL NOTARY ASSOCIATION - 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364
__.___-
OnykAL$ /S’i/ before me, L&d/ FA /ftiAN G ,
NAME, TITLE OFOFFICER E.G., “JANE DOE, NOTARY PUBLIC
personally appeared fgfff/vcES A)‘ E:LSAREE
NAME(S) OF SIGNER(S)
0 personally known to me - OR - Fproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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) SIGNER IS REPRESENTING:
Notary Public - California acted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES)
SANTA CLARA COUNN
hny Comm. Expires APR 11 1995 Witness my hand and official seal.
%s /Lx-? I &~GNATURE OF NOTARY
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document ,&?L G, /-/ARMLES5 /? G,@gctiZ&F MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document 2 6-/J- - y/
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
L&PURPOSE ACKNOWLEDOMENT
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S)
0 CORPORATE
OFFICER(S)
/$:
TITLE(S)
PARTNER(S)
q Al-rORNEY-IN-FACT
0 TRUSTEE(S)
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
0 OTHER:
Q 1991 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave. - P.O. Box 7184 - Canoga Park, CA 91304-71