HomeMy WebLinkAboutMS 751; Musser, Kurt & Sherry; 1991-0262228; Hold Harmless Agreement/Release1488 -II
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RECORDING REQu&TED BY AND ) WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD g+j DIEGO ~'@jqy &~;$ij@'S $FF![E
1200 Elm Avenue 1 pj#pTE p$~S ~ COjjgY /gC@$jER
Carlsbad, California 92008 RF: &(jQ FEES: jj.Qf?
Space above this lin$F:for R&&rderIs use RF: r.00
Parcel No.- 205-060-02
HOLD HARMLESS AGREEMENT DRAINAGE MS 751
In consideration of the Cityts approval of a Minor
Subdivision for development to occur on property described as See
attached Exhibit A (APN 20%060002), We Xurt B. Musser and
Sherry1 Jo Musser the owners of said property promise to
indemnify and to hold the City of Carlsbad and any of its
agencies or employees harmless from liability for injuries to
persons, or damage to or taking of property, direotly or
I( ' 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 owners will maintain all
Agreements/AG-14.FRt4 REV. S/21/90
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1489.
drainage syste,lls 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
Kurt B. xul&.s& '
APPROVED'AS TO FORM:
VINCENT 3'. EUONDO, JR. City Attorney
By: Deputy City Attorney
(Proper notarial acknowledgment of execution by the OWNERS(S) must be attached).
AgreemenWAG-14.FRM REV. S/21/90
INDIVtDUAL ACKNDWLKDQYENT 1490 No. Ml
> ss. ,
the undersigned Notary Public, personatly appeared
SANDRA J. SCHUCK
on(s) whose name(s) subscribed to the
AT’lENlfON NOTARY: Although the information requested below is OPll
THIS CERTIFICATE
MUST BE AllACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other Than Named Above
Q NATwNLNoTARTAGSOCUTION~BL38Ramwtkrs..P.O.Box718(.~~.CA 913X71&(
EXHIBIT "A"
PARCEL MAP OF THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CAIUSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 1, 1915. MORE PARTICULARY DESCRIBED AS THE LAND CONVEYED TO KURT Be MUSSER AND SHERRYL JO MUSSER BY A DEED RECORDED WITH THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 9, 1980 AS RECORDER'S FILE/PAGE NO. 80-413265, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND ST. DISTANT THEREON SOUTH 24'33' EAST 125.33 FEET FROM THE INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID TRACT 123 AND SAID CENTERLINE OF HIGHLAND STREET; THENCE SOUTH 24*33' EAST ALONG SAID CENTER LINE OF HIGHLAND STREET, A DISTANCE OF 62.67 FEET TO A POINT; THENCE NORTH 55027' EAST, A DISTANCE OF 441.22 FEET TO A POINT A LINE DRAWN PARALLEL WITH AND DISTANT 451.97 FEET AT RIGHT ANGLES SOfTHWESTERLY FROM THE CENTER LINE OF VALLEY STREET; THENCE NORTH 34 33' WEST ALONG SAID PA$ALLEL LINE, A DISTANCE OF 61.72 FEET TO A POINT; THENCE SOUTH 55 27' WEST, A DISTANCE OF 430.25 FEET TO THE POINT OF BEGINNING. PARCEL MAP GUARANTEE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY. ORDER NO. 6011350 ON APRIL 10, 1991. GROSS AREA = 0.6177 AC. TOTAL NO. OF LOTS = 2