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HomeMy WebLinkAboutMS 93-03; Sherman, Craig Hanlin Trust; 1995-0268410; Hold Harmless Agreement/Release406 LX # 19954268410 27-JUN-1995 01328 Pll sm DIE60 MulM RECWER’S OFF ICE 13.00 RECORDING REQUESTED BY AND ) WHEN RECORDED WAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad,Village,Drive.: i!y":,,:; Carlsbad. California:Q~UG8 ,'J,, ," ',,' ,_ Space above this line'for Recorder's use Parcel'No. 207-063+11':' +Iom ElAR+iBss A+EEMENT 'mI?jAGE PE 2.93.14, WS 93-03 In :'tion'sideration of the City#s approval of a &+nage plan (Plan Wo. 33&A) and/or improvement plans (Pl'ans No."334-8) for development to occur on property described as Lot 13 of'carlsbad Highlands, Map 2647 recorded April 18, 1950 (APN 207+63-11), I, Craig W. Sherman, Trristea of the Harriet F. Iihnlin Ti$st Dated February 16, 1989 the owner of said property promise to'indemnify and to holdtbe'City of Carlsbad and any,,of its agencies or employees harmless' from liability for injuries 'to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration 'of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, Agrc~ts/AG-lb.F(UI REV. 5/21/90 nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owners will maintain all drainage systems to insure a,free flow,to a satisfactory point of discharge unless said,eystsns'are'aD~ptwj as public facilities. It is further 'agreed that this agreement &all be binding on all heirs, successors or assign& having an interest in all or any part of the ,property described herein. IN WITNESS WHEREOF, the undersigned has%xsCuted this h : : : instrument this LL day of /%?v " I 1$:+d. ,( Craig W. Harriet F. February 16, ., ‘; APPROVED AS' TO RONALD R. BALL City Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Agr-WAG-14.FRh, REV. 5/21190 State of Calir,mia County of San Diego 408 On MAY 03, 1995, before me, HEATHER DEVEREUX personally appeared _ **CRAIG W. SHERMAN, TRUSTEE OF THE HARRIET F. w TRUST DATED FEBRUARY 16, 1989X*-* * * * * * * * X * * * * * X X x rk i in * &- +er proved to me on the basis 0; satisfactory evidence) to be the person&) whose name+) is,k.re subscribed to the within instrument and acknowledged to me that hejeh+thq executed the same in his- authorised capacity-), and that by his-r signature&) on the instrument the p n behalf of which the person&j acted, WITNESS my h AGREE”EWTS,AG-lZ.FR Rev. lln4/92