HomeMy WebLinkAboutPD 02-01; Stanczak, Wayne & Elizabeth; 2003-1229753; Hold Harmless Agreement/ReleaseDOC # 2003-1229753
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
OFFICIhL ECORDS SPRi DIEGO COUNTY RECOHDER‘S OFFICE GREGORY J. SHITHi COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO.: 21 5-61 1-1 8-00
PROJECT NO. & NAME: PD 02-01
Lot 270 Aviara
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG 399-3A) for
development to occur on property described as Lot 270 City of Carlsbad Tract 85-35, Aviara
Phase I - Unit “D”, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 12412, filed in the Office of the County Recorder of San Diego County, June
29, 1989, (I)We, Wayne C. Stanczak and Elizabeth G. Stanczak, husband and wife, as joint
tenants, 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 p lans; 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
1 I H:/Development SewicedMastersBonds 8 AgreeemnWHold Harmless Agreement Drainage Rev. 12/08/96
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 \ 5-
day of 5p,T3r I 20 03
PROPERTY OWNERS
I. (SiZFFiGje) \
Wayne C. Stanczak, Owner ’
(Print Name and Title)
By: . - // a&-
(Sign Here)
Elizabeth G. Stanczak. Owner
(Print Name and Title)
Date: dq4/ 5-0 3
(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
2
ess Agreement Drainage Rev. 12/08/98
State of California 1
)
County of San Diego )
/%y P&L/< c I
(Name, Title of Officer) k qh cl
(Name[s] of Signer[s])
personally appeared wc v1/Lv, c. sb L1 CZ L;
Eh.&t+L 6- S~MCT~~ I4 lfiersonally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
#!/are subscribed to the within instrument and acknowledged to me that kefslte/they
executed the same in kiffkerhheir authorized capacity(ies), and that by &$ber/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
(This area for
official notary seal)
Title or Type of Document /4?p?&,J - DUk,,
a- Date ].f";;f %!khk/ h~ No/ of Pages Document
Signer(s) other than named above