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HomeMy WebLinkAboutMS 02-13; Gallagher, Joseph/Lively, Joyce; 2003-1486886; Hold Harmless Agreement/ReleaseDOC # 2003-1486886 DEC 18s 2003 8~37 AM RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY S. SMITH3 COUNTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 1 56-21 1 -08 PROJECT NO. & NAME: MS 02-13 Oak and Highland Minor Subdivision HOLD HARMLESS AGREEMENT D MI NAG E In consideration of the City's approval of a drainage plan (DWG 411-2A) for development to occur on property described as attached Exhibit "A, (I)We, Joseph A. Gallagher Ill and Joyce Lynne Lively, 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. 1 H:/Development ServiceslMasterslBonds 8 AgreeemntsiHold Harmless Agreement Drainage Rev. 12/08/96 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 dayof A??&- A / ,20-. PROPERTY OWNERS Joseph A. Gallaaher Ill and Jovce Lvnne Livelv Joseph A. Gallagher (Print Name and Title) A Date: 8eJ 1-03 By: Joyce Lynne Lively - (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:/Development SeMceslMasterslBonds & AgreeemnWHold Harmless Agreement Drainage Rev. 12/08/98 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: I Parcel 1 of Parcel Map No. 9040, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County recorder of San Diego County, August 13, 1979 as File No. 79-337808 of official records. APN: 1 56-2 1 1 -08-00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA 1 COUNTYOF& Of'Qa ) LJ On A",11" &-( ,3@3 before me, & hivex- c\k 4-b tbbq hbhc ATE NAME, TITLE OF OFFICER - E.G. , "JANE DOE, NOTARY PUBLIC" personally appeared, ~h A Gal 1d-1~ Jlh?cc hl/ely personally known to me (<act Ory * to be the person(s) whose name@) h/are subscribed to the within instrument and acknowledged to me that Wthey executed the same in hidkdtheir authorized capacity(ies), and that by kisAedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. * * (SEAL,) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED M)cuMENT TITLE OR TYPE OF DOCUMENT DATE OF mumT I 03 NUMBEROFPAGES 3 / ldl-$h @&;bit @! *mI c.52 A4 m+. l)varm& SIGNER(S) OTHER THAN NAMED ABOVE SIGNERS NAME SIGNERS NAME