HomeMy WebLinkAboutPE 2.92.02; Galey & Kemmerly Homes Inc; 1992-0780833; Hold Harmless Agreement/Releaseh
801 7 II ~99~-~7~~~~~ Ok-EEC-mv. Q2-148 Pt7
RECORDING REQUESTED BY AND ) DFFffIFll RECORDS
WHEN RECORDED MAIL TO: 1 SAil !HEGfl fO!JHTY RECIIRDER’S FFFICE
C& Ck42 l@FTTF EU#S 7 KIUHTY BECORDE5! I ,,_.. li
CITY OF CARLSBAD ; RF: 6. Or) FEES: 14.01
1200 Carlsbad Village Drive ) FL: 7. oe
Carlsbad. California 92008 1 I : I.00
Space above this line for Recorder's use
Parcel No. 155-271-29. 30
:&GFU!ZMENT ~~~~~ ii
pf?f ,,z.&* (Jz,, &&g&&$~~age, @ $lbOl
In consfdera&$cn of tihe ~dty~s~appro\ral of & drainage plan
(Plan No. 327-JA) $ni$ior ~rn~ro~~~~~ plans (Plans No, 327-3) for
developmont to occur on property described as s&Q Exhibit "Cl1
(APN 15$+71-29, 3O), We, Galey and Remmerly Homes,, Inc. a
California Co*oration, the omer of said property p&mise to
indemnify ati to hold the City of Carlsbad sad a@ of its
agencies or employ&~ 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 fllaw 'of surface waters or draiinage, or the
concentration of surface x&ters or drainage from the drainage
system or other impro&%enW $#entified inthe approved plans; or
by the design, construction or'malfntenance of the drainage system
or other improvements identified in the approved plans.
Approval of the plans by the City shall not constitute an
assumption by the City of any responsibility for such damage or
taking. City shall not be an insurer or surety for the design or
construction of the improvements pursuant to the approved plans,
nor shall any officer or employee thereof be liable or
responsible for any accident, loss or damage happening or
occurring during the construction work or improvements as
Agreements/AG-14.FRU REV. S/21/90
. .
specified in this agreement.
It is further agreed that the above owners will maintain all
drainage systems to insure a free flow to a satisfactory point of
discharge unless said systems are accepted as public facilities.
It is further agreed that this agreement shall be binding on
all heirs, successors or'~-iil &ving'an interest in all or a
part of the pro ', (j IN WITRES& ,;E/33$#~ ') %ftr undersfgne4 hss executed th
instrument 4224s day&P ~0
~~~,/
, 1992.
Galey and Kemme~~~~Homes, Inc. A
By: :( :: i( d
w
is
L : 3’s ‘” Michas$i-.B.:&#y, President
APPROVED &$3 m #X&M:
RONALD R: ;' M
By:
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
II Agreemnts/AG-14.FRM REV. 5/21/90
STATE OF CALIFORNIA .
COUNTY OF .?&.M >
ss.
\&&Cl 8b;r
On this a day of o&ber( , in the year 19%
ned, a Notary Public in and for said State, personally appeared . C?cx\ev(
dllO
- 3-
(or proved to me on the basis of satisfactory evidence) to be the personrwho executed the
within instrument as * President snrl~eretery,
ceseeehoetp, of the Corporation therein named, and acknowledged to me ma: the Corporation
executed it pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-Carp -Pres & See -WoIcot1s Form ZZCA-Rev 11-83
01983 WOLCOTTS. INC (pm Class a-21
MARCH 17, 1992
1298
EXHIBIT “C”
PARCEL 1:
ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY
SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 2, 1888. TOGETHER WITH THE EASTERLY HALF OF REECE
AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTH
LINE OF LOT 77 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION
OF THE SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND
CLOSED TO PUBLIC USE.
EXCEPTING THEREFROM THE EASTERLY 58.50 FEET.
ALSO EXCEPTING FROM SAID LOT I THAT PORTION CONVEYED TO
THE CITY OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO.
72879, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY
HALF OF REECE AVENUE VACATED, 30.00 FEET; THENCE NORTH O”O5’
EAST, 2.03 FEET; THENCE SOUTH 89‘57 EAST, 71.50 FEET; THENCE
SOUTH O”O5’ WEST, 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID LOT I; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LINE
TO THE POINT OF BEGINNING.
PARCEL 2:
THE EASTERLY 58.50 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8
OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, FEBRUARY 2, 1888.
ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6
INCLUSIVE IN BLOCK 8, AS SAME WERE CLOSED TO PUBLIC USE, JULY
26, 1943.
EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE
WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A
DISTANCE OF 58.50 FEET; THENCE NORTH O”O5’ EAST, 2.33 FEET; THENCE
SOUTH 89”57’ EAST, 66.00 FEET; THENCE SOUTH O”O5’ WEST, 2.60 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE
ALLEY ADJOINING, VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY
LINE OF SAID VACATED ALLEY TO THE POINT OF BEGINNING.