HomeMy WebLinkAboutPE 2.93.19; Moffatt, Jerry & Peggy; 1994-0507337; Hold Harmless Agreement/ReleaseGC # 19944507337 23-AUG-1994 11-48 Ah
OFFICIlK RECORDS SM DIEGO CWHTY RECORDER’S OFFICE 3 5 RF;REGORY WIT COW~~CORDER 13. D
AnFi Loo RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD i 1200 Carlsbad Village Drive ) California Carlsbad ./;~
Space above this line for Recorder's use i
Parcel No. 206-180-39
H&D ndRML&S AGREEMBNT DRAINAGE
In consideration of the City's approval of a drainage plan
(Plan No. DWG No. 335-8A) for development to occur on property
described as Parcel 4 of Map 1363 recorded March 2, 1973 (206-
180-39). We Jerry J. Moffatt and Peggy L. Moffatt the owners of
said property promise to indemnify and to hold the City of f
Carlsbad and any of its agencies or 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
AgreemntslAG-14.FRM 1 REV. 5/21/W
v’E_ 2.93. \q
: .
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 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 /dYh day of #UTU.Yt , 19%.
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
2 REV. 5/21/90
37
STATE OF CALIFORNI
COUNTY OF &I? ti,,,,
{ss.
I J
On U~4ciut D!WW , before me, Lx rndn lt iI; r/o-r\
personally appeared ‘&O-Y ~1. N&~-kk cmi &% 4 v L. f&-w-t I , personally known to me
(or 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 h&&e/they executed the same
in his/her/their authorized capacity(ies), and that by hi&&r/their signature(s) on the instrumentthe
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (
OwclAl NOTARY SEAl
UNDASUUIVAN
(This area for OtiiCid llOtallai seal)
Title of Document &l/d & arm t?5 < fGLweimi7t
Date of Document -$-/O-SC/ No. of Pages &l
Other signatures not acknowledged R~,la(Gj I?. fs, (1
3008 (w34) (Generai, First Arnercan me I”s”,a”ce company