Loading...
HomeMy WebLinkAboutPE 2.92.02; Galey & Kemmerly Homes Inc; 1992-0780833; Hold Harmless Agreement/Releaseh 801 7 II ~99~-~7~~~~~ Ok-EEC-mv. Q2-148 Pt7 RECORDING REQUESTED BY AND ) DFFffIFll RECORDS WHEN RECORDED MAIL TO: 1 SAil !HEGfl fO!JHTY RECIIRDER’S FFFICE C& Ck42 l@FTTF EU#S 7 KIUHTY BECORDE5! I ,,_.. li CITY OF CARLSBAD ; RF: 6. Or) FEES: 14.01 1200 Carlsbad Village Drive ) FL: 7. oe Carlsbad. California 92008 1 I : I.00 Space above this line for Recorder's use Parcel No. 155-271-29. 30 :&GFU!ZMENT ~~~~~ ii pf?f ,,z.&* (Jz,, &&g&&$~~age, @ $lbOl In consfdera&$cn of tihe ~dty~s~appro\ral of & drainage plan (Plan No. 327-JA) $ni$ior ~rn~ro~~~~~ plans (Plans No, 327-3) for developmont to occur on property described as s&Q Exhibit "Cl1 (APN 15$+71-29, 3O), We, Galey and Remmerly Homes,, Inc. a California Co*oration, the omer of said property p&mise to indemnify ati to hold the City of Carlsbad sad a@ of its agencies or employ&~ 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 fllaw 'of surface waters or draiinage, or the concentration of surface x&ters or drainage from the drainage system or other impro&%enW $#entified inthe approved plans; or by the design, construction or'malfntenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as Agreements/AG-14.FRU REV. S/21/90 . . specified in this agreement. It is further agreed that the above owners will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or'~-iil &ving'an interest in all or a part of the pro ', (j IN WITRES& ,;E/33$#~ ') %ftr undersfgne4 hss executed th instrument 4224s day&P ~0 ~~~,/ , 1992. Galey and Kemme~~~~Homes, Inc. A By: :( :: i( d w is L : 3’s ‘” Michas$i-.B.:&#y, President APPROVED &$3 m #X&M: RONALD R: ;' M By: (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). II Agreemnts/AG-14.FRM REV. 5/21/90 STATE OF CALIFORNIA . COUNTY OF .?&.M > ss. \&&Cl 8b;r On this a day of o&ber( , in the year 19% ned, a Notary Public in and for said State, personally appeared . C?cx\ev( dllO - 3- (or proved to me on the basis of satisfactory evidence) to be the personrwho executed the within instrument as * President snrl~eretery, ceseeehoetp, of the Corporation therein named, and acknowledged to me ma: the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ACKNOWLEDGMENT-Carp -Pres & See -WoIcot1s Form ZZCA-Rev 11-83 01983 WOLCOTTS. INC (pm Class a-21 MARCH 17, 1992 1298 EXHIBIT “C” PARCEL 1: ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. TOGETHER WITH THE EASTERLY HALF OF REECE AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 77 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND CLOSED TO PUBLIC USE. EXCEPTING THEREFROM THE EASTERLY 58.50 FEET. ALSO EXCEPTING FROM SAID LOT I THAT PORTION CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO. 72879, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY HALF OF REECE AVENUE VACATED, 30.00 FEET; THENCE NORTH O”O5’ EAST, 2.03 FEET; THENCE SOUTH 89‘57 EAST, 71.50 FEET; THENCE SOUTH O”O5’ WEST, 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT I; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LINE TO THE POINT OF BEGINNING. PARCEL 2: THE EASTERLY 58.50 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6 INCLUSIVE IN BLOCK 8, AS SAME WERE CLOSED TO PUBLIC USE, JULY 26, 1943. EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 58.50 FEET; THENCE NORTH O”O5’ EAST, 2.33 FEET; THENCE SOUTH 89”57’ EAST, 66.00 FEET; THENCE SOUTH O”O5’ WEST, 2.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE ALLEY ADJOINING, VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID VACATED ALLEY TO THE POINT OF BEGINNING.