HomeMy WebLinkAboutCT 89-13; Ferrero Family Trust; 2001-0060092; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
6652 mc = 2001-0060092
FEB 01, 2001 1:553 PM
OFFICIAL fiEm@s SAN DIEUI m REamR’S OFFICE GREGORY J. SMITH, CouNpl REORDER FEES: EL00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 207-101-01-00
PROJECT NO. & NAME: CT 89-13
The Hametons
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. DWG 391-3A) and
improvement plans (Plan No. DWG 391-3) for development to occur on property described as
Portion of Lot “I” Ranch0 Aqua Hedionda per Map 823, We, Mary Ferrero, Successor Trustee
of the Nino and Lea Ferrer0 Family Trust under agreement dated April 24, 1984; and Jack N.
Spirtos and Penelope Spirtos, Trustees under trust agreement dated April 13, 1984, 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.
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
MastenlFomsMold Harmless Agt Drainage
1
Rev. 12/O&98
’ -
6653
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 m
day of WC&n- ,200O.
PROPERTY OWNERS
(Print Name and Title)
Date: /$! - z-/d
Jack N. Spirtos, Trustee of 4/13/l 984 Trust Agreement
(Print Name and Title)
Date:
Penelope Spirtos, Trustee of 4/13/1984 Trust Agreement
(Print Name and Title)
Date: ( L --s-e
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RCNALD R. BALL
:::;
Rev. 12/08/98 1 MasterslFormslHdd Harmless Agt Drainage
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6654
State of California
County of 1
ss.
On -8cr 8! m , before me, &YIa k &3mV% w\cc
Date
personally appeared
Name and Title of bfficer (e g., “Jan&$, Notary Publlc“)
qismd!b
Name(s) of Signer(s)
w proved to me on the basis of satisfactory
evidence
to be the person# whose name&) @?tq?
subscribed to the within instrument and
acknowledged to me that+e&%ey executed
the same in ?%s/@th&r authorized
capacity@&, and that by %&@N+air
signatureNon the instrument the person+& or
the entity upon behalf of which the persorrfc
acted, executed the instrument.
Place Notary Seal Above ’ Slgnature of Notary Publlc
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 At
Title or Type of Document:
Document Date: Number of Pages: “z
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Assoclabon * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. NO. 5907 Reorder Call Toll-Free 1-600-676-6627
.
6655
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of i-Q& Ar\ lzlda >
SS.
On mw 8,m , before me, hno &$ dam% ‘&b\tc Date Name and Title of Officer (e.g.,@e Doe, Notary Public”)
personally appeared a& d. &if=- WA @kH Name(s) of Signer(s)
,
commksmw 1238625
Notory public - CaVuriU
vproved to me on the basis of satisfactory
evidence
acknowledged to me that
acted, executed the instrument.
WITNESS my,Qand and official seal.
Place Notary Seal Above Signature of Notary Public
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: ma kffn @&
Document Date: 8: - Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
C Individual
0 Corporate Officer - Title(s):
q Partner - 0 Limited q General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Q 1997 National Notary Association * 9350 De Soto Ave.. P.0 Box 2402 - Chatsworth. CA 91313.2402 Prod. No 5907 Reorder Call Toll-Free 1-600-676-6627