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HomeMy WebLinkAboutCUP 154D; Pacific Bell Telephone Company; 2002-0176701; Hold Harmless Agreement/ReleaseDOC # 2002-0176701 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 MAR 01s 2002 3:56 PM W DIE@ MuNpl REiXiNER'S OFFICE OFFICIAL RECORDS FEES: 0.00 GREWRY J. SnITH, COUNTY RECRDER SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-050-13 PROJECT NO. 81 NAME: CUP 154D, PACIFIC BELL-CARLSBAD 12 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No.DWG 390-3A) for development to occur on property described as attached Exhibit "A, We, Pacific Bell Telephone Company, the owners of said property promise to indemnify and to hold the City of Carlsbad, its ,fficers, 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 iormal 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 .esponsibility for such damage or taking. City shall not be an insurer or surety for the design or :onstruction of the improvements pursuant to the approved plans, nor shall any officer or 2mployee thereof be liable or responsible for any accident, loss or damage happening or xcurring 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 - day of I 20a PROPERTY OWNERS Pacific Bell Telephone ComDanv By: W4AA (Sign Here) ~~.caporatsRealEStlltDTrrr*actbns WADMuuchho (Print Name and Title) I By: (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) treasurer must sign for corporations. Otherwise, the corporation must attach a resolution (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: City Attorney RONALD R. BALL 2 Rev. 12108198 State of California 1 County ofSaA3tqo c!nmi2&corrA- ) 1 OnDP?iWZ 6 ,Wbefore me, 3oY E, ufl &hTib'/ Pd!Lk , (Date) (Name, Title of Officer) personally appeared iZOA6iiT A. &//WI'NO (Name[s] of Signew ". ." , personally known to meleR &) to be the person0 whose name0 ish subscribed to the within instrument and acknowledged to me that helehe4ky executed the same in hishedtheir authorized capacity@), and that by hislkdthelr signature(%) on the instrument the person@, or entity upon behalf of which the person(s) ,A%"&& Signddof Notary (This area for official notary seal) Title or Type of Document HoLa /-kf&4JfU.s c ffqGprtFNt/ur- J/ZA /',tJ&tkL Date of Document la- -6- 2-m No. of Pages TW o Signer(s) other than named above UDAL~ c . rnALC .dm mu* - I Exhibit “A” ’ Legal Description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS LOT 15 OF CARLSBAD TRACT NO. 73-49 (C. C. & P. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8054, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 3 1,1974.