HomeMy WebLinkAboutMS 760; Holmes, Russell & Kathleen; 88-504132; Hold Harmless Agreement/Release# :,
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CITY OF CARLSBAD > 1200 Elm Avenue 88 iJg7 -4 PHf3 t-7
Carlsbad, California 92008 aQ@Ftk
Space above this li
Documentary transfer tax: $ No Fee
Signature ofleclarant determining tax-firm name
City of Carlsbad
Parcel No. 156-212-10
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No.-
MS 760 ) and/or improvement plans (Plans No. ) for development to
occur on property described as 3182 Highland Drive
(APN 156-212-10 ), I (We) Russell & Kathleen M. Holmes _ the owner(s)
of said property promise to indemnify and to hold the City of 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
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 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
31-4 day of ’ $w?~ ~.._y&C J , 19 88 .
Russell Holmes
APPROVED AS TO FORM:
Vincent F. Biondo, Jr.
City Attorney
GENERAL ACKNOWLEDGMENT NO. 201
State of CALIFORNIA On this the 3 lstday of Auqust 1988, before me,
ss. County of SAN DIEGO > --- GISELA HAUSER --------------mm...__
the undersigned Notary Public, personally appeared
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OFFlClAL SEAL z
5 GISELA HAUSER i
t:
NOTARY PUBLIC-CALIFORNIA $
3
NOTARY BOND FILED IN $
SAN DIEGO COUNTY t
i My Commission Expires July 14, 1989 2
+******,*************+******+****1*+
RUSSELL HOLMES and KATHLEEN M. HOLMES ,
[8[ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed to the A I-E
within instrument, and acknowledged that they executed it.
WITNESS my band and official seal. g-h &PC
Notary’eignature
NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd. l P.O. Box4625 l Woodland Hills, CA 91365-4625