The URL can be used to link to this page

Home My WebLink AboutMS 99-14; Gilbert Living Trust; 2001-0544268; Hold Harmless Agreement/Release1 . . . DOC # 2001-0544268 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 6T56 fMJG 02s 2OQl 1:2# PPI rnICI# RmJRDE ~~~~~ FiEs: ’ 16.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 156-230-34-09 PROJECT NO. & NAME: MS 99-14 Gilbert Minor Sub HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a parcel map (PM 99-14) for development to occur on property described in Exhibit “A” attached hereto and incorporated herein by this reference, We, Richard T. Gilbert, Trustee of Trust B of the Gilbert Living Trust dated August 2, 1985, and Robert J. Gilbert, a single man, the owners 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 sppified in this agreement. Masters!Foms/Hold Harmless Agt Drainage _ , Rev. 12/08/98 ‘6753 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 d5 PROPERTY OWNERS Richard T. Gilbert, Trustee of Trust B of the Gilbert Livina Trust dated August 2. 1985, and Robert J. Gilbert, a sinale man By: &d%.-@+$ & (Sign Here) Richard T. Gilbert, Trustee of Trust B of the Gilbert Living Trust dated August 2, 1985 (Print Name and Title) Robert J. Gilbert, a single man (Print Name and Title) Date: 5s F5- c \ (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(s) signing to bind the corporation.) APPROVED AS TO FORM: ROF\ IALD k BALL a-b-- I MastersIFormsklold Harmless Agt Drainage Rev. 12/08/98 - 1 t Exhibit “A” 6758 Legal Description PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE SOUTH 89O59 EAST ALONG THE NORTHERLY LINE OF SAID SECTION 6, A DISTANCE OF 1704.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID SECTION 6, SOUTH 89O59' EAST, A DISTANCE OF 121.02 FEET TO A POINT; THENCE SOUTH O"55' EAST, A DISTANCE OF 335.11 FEET TO A POINT; THENCE SOUTH 89O51'35" WEST, A DISTANCE OF 121.01 FEET TO A POINT; THENCE NORTH O"55' WEST, A DISTANCE OF 335.44 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING WESTERLY OF A STRAIGHT LINE WHICH INTERSECTS THE MID-POINTS OF THE NORTHERLY AND THE SOUTHERLY BOUNDARIES THEREOF. ALSO EXCEPTING THAT PORTION LYING NORTHERLY OF THE NORTHERLY LINE OF THE SOUTHERLY 165 FEET THEREOF. PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE SOUTH 89O59' EAST ALONG THE NORTHERLY LINE OF SAID SECTION 6, A DISTANCE OF 1704.65 FEET TO THE POINT OF BEGINNING; ,THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID SECTION 6, SOUTH 89O59' EAST, A DISTANCE OF 121.02 FEET TO A POINT; THENCE SOUTH O"55' EAST, A DISTANCE OF 335.11 FEET TO A POINT; THENCE SOUTH 89O51'35" WEST, A DISTANCE OF 121.01 FEET TO A POINT; THENCE NORTH O"55' WEST, A DISTANCE OF 335.44 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING WESTERLY OF A STRAIGHT LINE WHICH INTERSECTS THE MID-POINTS OF THE NORTHERLY AND THE SOUTHERLY BOUNDARIES THEREOF. ALSO EXCEPTING THEREFROM THE SOUTHERLY 165 FEET THEREOF. State of California County of San Diego 1 On _7/25,/0/ before me, -.TMb bjp, ,5/a tf@6/ - (Date) (Na’me, Title of Officer)’ personally appeared - l r\Ch Had r &:i’ //XV t C-L- (Name[s] of Signer[s]) Rolwrf cr. fgj/hpr/ j- - I . personally known to me -OR - . 0 proved to me on the basis of satisfactory evidence) to be the perso 0 (s whose na a (s) w subscribed to the within instrument and acknowledged to me that f&sQe/@ executed the same in k&#Jt&r heir authorized capaci 0 0 (ies and that by 6@her/@ signature s on the instrument the perso Q or entity upon behalf of which the pers 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 Masters/Form/Hold Harmless Agt Drainage Rev. 12/08/98