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HomeMy WebLinkAboutPD 03-03; Lee, Garry & Evelyn; 2003-1486885; Hold Harmless Agreement/ReleaserL -. DOC # 2003-1466885 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 UFFICIAt RECORDS SpiN DIEGO MTY KCORDER'S DFFICE GREGORY J. SWITHY CWNTY REC!XDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 21 5-491 -08-00 PROJECT NO. & NAME: PD 03-03 Lee Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. DWG 410-4A) for development to occur on property described as Lot 83 of Carlsbad Tract No. 75-4 La Costa Estates North, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8302, filed in the Office of the County Recorder of San Diego County, May 5, 1976, We, Garry and Evelyn Lee, Husband and Wife as Community Property, the owners of said property p romise to i ndemnify a nd 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 1 H:/Development ServicesIMasterdBonds 8 AgreeemntsIHald Harmless Agreement Drainage Rev. 12/08/98 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 ctfe, day of CW9.W )zrlV ,20 03 . PROPERTY OWNERS Garrv and Evelvn Lee, Husband and Wife as Communitv J' Garry Lee, Husband (Print Name and Title) By: Evelyn Lee, Wife b' (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 I H:/Development Services/Masters/Bonds 8 Agreeemts/Hold Harnless Agreement Drainage Rev. 12/08/98 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF nk COUNTYOF pich n. UDL On I\ 14 103 before me, the undersigned, a Notary Public in and for said State personally appeared kci ??UQ~~A~ I (QL Name@) df Signer@) 0 Personally known to me OR &roved to me on the basis of satisfactory evidence to be the persona whose nam- islmsubscribed to the within instrument and acknowledged to me that helshemxecuted the same in upon behalf of which the persomacted, executed the uthorized capacitym, and that by hislherm the instrument the perso-, or the entity (This area for official notarial seal) instrument. hand and offical seal. - Sigwure of Notary %%Lv Guc,L, Name (Typed or Printed) Capacity Claimed by Signer MndividuaB 0 Corporate Officer(s) - Title(s) 0 Partner(s) 0 Attorney-ln-Fact 0 Trustee(s) 0 GuardianlConservator 0 Other: Description of Attached Document This certificate must be attached to the document described below: Title or type of document tb\d hvmh , ~vck\vqL NuAber of Pages 2 Date of Document 1 \ 4!0?% Signer(s) Other than Named Above ATTENTION NOTARY Although the information requested above is optional, it could prevent fraudulent attachment of this certificate to another document. Signer is Representing: Name of person(s) or Entity(ies) SAV-191A (3/94)