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Home My WebLink AboutMS 00-08; Sisson, Craig; 2003-0063447; Hold Harmless Agreement/ReleaseDOL # 2003-0063447 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 GREGORY J. WTH, W RECURER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: ZJW3G"-oo PROJECT NO. & NAME: MS 00-08 Sisson Minor Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (MS 00-08) for development to occur on property described as attached Exhibit "A, I, Craig Sisson, the owner 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 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 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 1 H:/Development Services/Masters/Bonds & Agreeermts/Hold Hannless Agreement Drainage Rev. 12/08/98 .. 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 7 hRfP._ ,2003 PROPERTY OWNER Craig Sisson, Owner (Print Name and Title) (Print Name and Title) Date: ~ (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@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ity Attorney 2 H:IDevelopment Services/MastesJBonds & AgreeermtdHold Hamless Agreement Drainage Rev. 12/08/98 State of California County of San Diego On UU. 071 before me, fiLqcic\33L.dat+ , Juo+t c* ?i , (Date) (Namg, Title of Officer) personally appeared r,r'ar a 1 (NameH of SignerH "- __ 0 personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person# whose nameH is/- subscribed to the within instrument and acknowledged to me that he/skeftl.IRp executed the same in his/t"f authorized capacity(&), and that by his/Mr signature@$ on the instrument the person@, or entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above *- 1 No. 23071140 DESCRIPTION - P ri* THAT PORTION OF TRACT NO. 232 OF THUM LANbS, IN THE CITY OF CARLSBAD, COUNTY OF ./ SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915; DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CHINQUAPIN AVENUE AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF CHINQUAPIN AVENUE, SOUTH 61° 21' 00" WEST, 895.70 FEET To THE SOUTHWEST CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO ALEX LABETA, ET UX, BY DEED RECORDED JUNE 26, 1924 IN BOOK 10 19, PAGE '189 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; AND THENCE ALONG THE SOUTHWESTERLY LINE OF THE LANI] SO CONVEYED, NORTH 38O 03' 30" WEST, 426.47 E'EET TO THE MOST EASTERLY CORNER OF LAND CONVEYED BY WILLIAM C. KERCKHOFF COMPANY TO LOWELL B. PIERCE, ET UX, BY DEED RECORDED OCTOBER 23, 1941 IN BOOK 1266, PAGE 95 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; !l'HENCB ALONG THE SOUTHEAST LINE OF SAID LAND SO CONVEYED SOUTH 61° 21' 00" WEST, 101.36 FEET TO THE MOST SOUTHERLY CORNER THEREOF AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PIERCE LAND, NORTH 38O 03' 30" WEST, 396.05 FEET TO THE CENTER LINE OF TAMARACK AVENUE; THENCE WESTERLY FOLLOWING SAID CENTER LINE TO THE EAST LINE OF THE 100.00 FOOT RIGHT OF WAY TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (BEING THE NORTHWESTERLY EXTENSION OF THE CURVE IN THE SOUTHWESTERLY LINE OF SAID TRACT NO. 232); THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND THE SOUTHWESTERLY LINE OF SAID TRACT NO. 232, TO INTERSECTION WITH A LINE BEARING SOUTH 61° 21' 00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61° 21' 00" EAST, 101.38 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.