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HomeMy WebLinkAboutMS 01-15; Thompson, David R & Sharon M.; 2003-1486878; Hold Harmless Agreement/Release, RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICIllL REECOKDS I;AN DIEGO COUNTY RECOflDEK’S OFFICE GEMRY J. StilITHr GOUNTY I;TGORDEI? FEES: 0.00 SPACE A5OVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 207-064-01 PROJECT NO. & NAME: MS 01-15 Thompson Parcel Map HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (DWG No. 412-1A) and for developrneht to occur on property described as attached Exhibit “A, (I)We, David R. Thompson and Sharon M. Thompson, Trustees of The Thompson Family Trust UTD December 1, 1992, 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, d irectly 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/Masters/Bonds & Agreeemts/Hold Harmless Agreement Drainage Rev. 12/08/98 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 I P PROPERTY OWNERS David R. Thompson, Trustee (Print Name and Title) By: Sharon M. Thompson, Trustee (Print Name and Title) (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 By: 2 H:iDevelopment ServiceslMasterslBonds & Agreeemts/Hold Harmless Agreement Drainage Rev. 12/08/98 EXHIBIT “A” LEGAL DESC RI PTl ON ALL THAT PORTION OF LOT 28 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATEOF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950, LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 28 AT THE NORTHERLY TERMINUS OF A CURVE THEREIN CONCAVE EASTERLY AND HAVING A RADIUS OF 200.00 FEET, SAID POINT BEING DISTANT NORTHERLY ALONG SAID CURVE 102.17 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 28, THENCE NORTH 81O35’30” EAST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 215 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT. EXCEPTING THEREFROM THE SOUTHERLY 5.0 FEET THEREOF. THE NORTHERLY LINE OF SAID SOUTHERLY 6.0 FEET BEING DRAWN PARALLEL WITH THE SOUTHERLY LINE OF THE FIRST ABOVE DESCRIBED PORTION OF LOT 28. 3 I H:IDevelopmenl SeNiceslMaslers/Bonds & Agreeemn WHold Harmless Agreement Drainage MS 01 -1 5 Thonpson Parcel Map APN: 207-064-01 Rev. 12/08/96 State of California 1 1 County of San Diego 1 , (Name, Title of Officer) ' (Name[s] of Signer[s]) On !/ -17-03 before me, 36U E $1 h (Date) personally appeared BW'd R?hoW%v, , -Tcwtee ,hdx Nt. LSh9e. I 0 personally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person@) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person(s), or entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) 11 Title or Type of Document I1 Date of No. of Pages Document Signer@) other than named above 4 H:/Developmenl Services/Masters/Bonds & AgreeemntsMold Harmless Agreement Drainage Rev. 12/08/98