HomeMy WebLinkAboutMS 92-01; Dufner-Lemay Trust; 1994-0162854; Hold Harmless Agreement/Release. - -
, . . T # 1~~4~01~~~54 Ii-tlAR-1984 03=26 PPI
OFFfCIft! RECORDS SAN DIE@? COClNTY RECORDER’S OFFICE GREGORY S”;T;E, CDUN;;E~ECORDER RF: :
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RECORDING REQUESTED BY AND )' WHEN RECORDED MAIL TO: City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1 Space above this line for Recorder's use
Parcel No. 205-210-24
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan
and/or improvement plans (Plans No. Dwg No. 331-6) for
development to occur on property described as see attached legal
description labeled Exhibit frA". I Stephen David Dufner as
successor trustee of the Lou Marie Dufner Lemay Trust the owner
of said property promise to indemnify and to hold the City of
Carlsbad and any of its agencies or employees harmless from
I 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,
Agreements/AC-14.FRH -l-
%%-- VA- / REV. 5/21/90
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 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 2&% day of ImUARY I 199%
Stephen David Dufner as Successor of the Lou Marie Dufner Lemay Trust datedMarch 30, 1990
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY:, City Attorney
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
Agreements/AG-14.FRM -2- REV. 5/21/90
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EXHIBIT "A" LEGAL DESCRIPTION
THAT PORTION OF TRACT TWO HUNDRED FORTY (240) OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO. 1681, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BOUNDED BY A LINE DESCRIBED "AS FOLLOWS, TO WIT:
BEGINNING AT A CONCRETE MONUMENT AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MAGNOLIA AtimE ltND THE CENTER LINE OF ADAMS STREET: THENCE NORTff 6i'ii' E&T AL&+@ SAID CENTER LINE OF MAGNOLIA AVENUE A Df!!!!TAMCE OF f87,9f FEET TO A POINT; THENCE NORTH 28-39 WEbT A DI&%NCE dF 2%8O.FEET TO A POINT; THENCE SOUTH 61'21' ti@%T A DISTANCE OF-387~91 FEET T6.A POINT ON THE CENTER LINE.GF ADAMS STREETS THEN& &%TH zir?bi EAST ALONG SAID CENTER LIEM 8F ADAf& sTI?&!ET A Di&k%NCE CF .235e8i) FEET TO THE POINT OF BE@ff'fNING,' ". : ,~(
EXCEPTING THEREFROM THE souTH&!#ifiEHL~ 254 :>* : ah! ; i '. .I,,. ; ,( a : .+_.I 3 :" <' *, _ \ t\
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