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.
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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:
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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