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.
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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:
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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.
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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
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H:/Developmenl Services/Masters/Bonds & AgreeemntsMold Harmless Agreement Drainage Rev. 12/08/98