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Home My WebLink AboutMS 837; Price Company; 1991-0530620; Hold Harmless Agreement/ReleaseF 1423 “-Jr +J “I ggq -~~~~~~~ RECORDING REbuESTED BY AND ) :=D;r” WHEN RECORDED MAIL TO: 1 i -9. 'C. '. li 1 i f * ? i .% -4. ? i d “‘-“it -,rT-nr.~r CITY OF CARLSBAD !!)‘;kiLi:& y+t~h.;$;~; r A .>"pi r-. i;,::, re.-&!,; ( r;fT,;rj '";;h;-ri' e;p~rqi;$t c ,yczri-r 1200 Carlsbad Village Drive ) .\,~,Jl,,~., .-. .-.t I!4ii ',,.hiy"- ,:':,A: .- LT,-s(;!'y:. ?r-';- -;r[ Carlsbad, California 92008 1 ;"r:"i' :; i :!-;:y; 5 ti;-yi: i : :,:,,"i‘:'. .- ,, ? __-_ : .-., L Space above this lin&for R&@rder%' use L-2 i P reel d No. 211-040-gj I og 'is , HOLD HARMLESS AGREEMENT DRAINAGE In consideration of th&,City*s approval of a drainage plan (Plan No. 323-9A) an&/or improvement plana (Plans No. 323-9) for development to occur on property described as (See attached Exhibit IrA@@) (APN 211-040-08, O$# and 12), We the Price Company, the owner of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to of taking of proper% directly or indirectly caused by the divqsion of waters, the alteration of the normal flow of surface waters or . drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain Agreements/AG-14.FRM REV. S/21/90 e - 1424 all drainage systems to insure a free &low to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this 27% day of~~#?+&?&. , 1991 . 3,, APPROVED A$ T& FOREII: VINCENT F, BI?3&DQ, JR. City Attorney By: y$ IJ-r3e I Deputy City Attorney (Proper notarial acknowledgment of execution by the OWNERS must be attached). Agreements/AG-14.FRM REV. S/21/90 F OFFICIAL SEAL Sheila O’Brien Marble NOTARY PUBLICCALIFORNIA , personally known to me (7 PRINCIPAL OFFICE IN m) to be the person@) whose name& is/are-subscribed to the SAN DIEGO COUNTY within instrument and acknowledged to me that heisheltw executed the same in++s/her/tMr My Commission Expires Feb. 22, 1994 authorized capacity(ies), and that by his/her/Mr signature(f) on the instrument the person@), or the entity upon behalf of which the person& acted, executed the instrument. (Seal) ACKNOWLEDGMENT-AllPurpase-Mlcotts Form237CA-kv. l-91 631991 WOLCOTTS.INC. (price class 8-2) I STATE OF CALIFORNIA COUNTY OF ss. 1 1425 . On.St?fW?m@WR 0?7. /q9/ before rne,ae/b o&f Cd /?fl&f%P Idle of the ofi~cer), personally appeared WITNESS my hand and official seal. . r c J c * . 1426 EXHIBIT ” A l ’ LEGAL DESCRIPTION PARCEL A OF PARCEL MAP NO. 2949, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974 AS FILE NO. 74-216632 OF OFFICIAL RECORDS. ALONG WITH THAT PORTION OF LOT H OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 7155, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1969, BEING ALSO A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD AS GRANTED TO THE CITY OF CARLSBAD, BY DEED RECORDED DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PALOMAR AIRPORT ROAD SOUTH 87O 48’ 39” EAST 348.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG THE SOUTHERLY LINE OF SAID PALOMAR AIRPORT ROAD TO THE EASTERLY LINE OF LAND DESCRIBED IN&DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK 1635, PAGE 301 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH O” 32’ 0” EAST TO THE NORTHEASTERLY CORNER OF PARCEL MAP NO. 2949, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974; THENCE ALONG THE NORTHERLY LINE , OF SAID PARCEL MAP NO. 2949, NORTH 89O 27’ IO” WEST TO THE SOUTHEASTERLY CORNER OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 11, 1966 AS FILE NO. 41661 OF OFFICIAL RECORDS ; THENCE ALONG THE EASTERLY LINE OF SAID LAND AND THE NORTHERLY PROLONGATION THEREOF NORTH 02O 09’ 37” EAST 448.63 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. ALONG WITH THAT PORTION OF LOT H OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 7155, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1969, BEING ALSO A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, AS GRANTED TO THE CITY OF CARLSBAD, BY DEED RECORDED DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS ; THENCE ALONG THE SOUTHERLY LINE OF SAID PALOMAR AIRPORT ROAD, SOUTH 87O 48’ 39” EAST 348.13 FEET TO A POINT; THENCE SOUTH 2O 09’ 37” EAST 170 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 11, 1966 AS FILE NO. 41661 OF OFFICIAL RECORDS; THENCE NORTH 87O 48’ 39” WEST, 348.13 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL 3 OF PARCEL MAP NO. 195, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 30, 1970 AS FILE NO. 18100 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE AND THE NORTHERLY PROLONGATION OF PARCEL 3, NORTH 2O 10’ 50” EAST 170 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF CARLSBAD, RECORDED DECEMBER 29, 1969 AS FILE NO. 234554 OF OFFICIAL RECORDS. SeDtember 27, 1991 DATE