HomeMy WebLinkAboutPD 2021-0033; Garst, Shane and Jayme; 2022-0053168; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2022-0053168
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Feb 03, 2022 02:21 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0 QC)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 205-112-21 -----------PROJECT ID: PD2021-0033
PROJECT NAME: 3357 Adams Street
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 533-2A) and -=or
development to occur on property more P.articularly described as (see attached, Exhibit "/1'j ,
I/We, Shane Garst and Jayme Andrina Garst, husband and wife as joint tenants, the owner(s) of
said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents a7d
employees harmless from liability for injuries to persons, or damage to or taking of proper:_ ,
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 t-ie
drainage system or other improvements identified in the approved plans; or by the desigâ–ˇ,
construction or maintenance of the drainage system or other improvements identified in t,e
approved plans.
Approval of the plans by the City shall not constitute an assumption by the City of a-ry
responsibility for such damage or taking . City shall not be an insurer or surety for the design -0r
construction of the improvements pursuant to the approved plans, nor shall any officer o r
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.
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It is further agreed that the above owner(s) will maintain all drainage systems to insure 3
free flow to a satisfactory point of discharge unless said systems are accepted as putl :c
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.
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Q:ICEDILandDev\PROJECTS\PDIPD 20211PD2021-0033 3357 Adams St-Elias\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc
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Exhibit A
LE.GAL DESCRI,PJI:ON
Real prop~rty in the City t>f Carlsbad, County. of San Diego; State of CalifC1rnia,. (:fescrfued as foUows:
THE .NORTHERLY ~OQ F~ET 9FTHAT PORTION OF BLOCK 2 OF MULL'S ADDIT.tON TO i;ARLSBAb,. IN
THE CTTY OF CARLSBAD, COUN1Y OR SAN DIEGO, STATE OF CALIFO.RNIA, ACCORDING TO MAP.
THERE(?.F NO. ?14{ FILED IN THE OFFICE OF THE COUNlY RECORDERDF SAN DIEGO COUNTY MARCH
22,. t888, ANO THAT PORTION OF THE STREET ADJOINING ON iHE EAST.AND SOUTH VACATED AND
CLOSED TO PlJBLIC USE l3Y ORDER OFTHE BOARD OF SiJPERVlSORS MADE ON j;A;NUARY 7, 1914,
DESCRIBED AS A WHOLE .AS FOLLOWS:
B.EGINNlf'IG AT A PO:rNT ON THE NORTH UNE OF SAfO BLOCK ?, DIST ANr 5O1,.JTH 89° .05' 00" EAST,
5.52.45 FEET FROM THE POINT OF INTERSECTION Of THE PROLONGAT'10N WESTERLY OF SAID
NORTHERLY UNE OF BLOCK 2. WITH THE WESTERLY LINE .OF THAT CERTAIN UN NAM.ED .STR.l~ET LYING
IMMEDIATELY WEST OF AND AOJOINrNG BLOCK 1 OF SAID MULL'S. ADDWONi THENCE SOUTH 89° 05'
00" EAST, i97.55 FEET TO TJ-iE INTERSECT!Or;j WITi-1 THE tEJ\fr'ER LI]\/E OF SECOND STREET; NOW
VACATED;. 1HENCE SOUTH 09° 52' 00" EAST ALONG SAID CENTER LIN'E 285.00 FEET TO TH.I; TRUE
POINT OF BEGINNING; THENCE ·coNTINUING SOUTH 00° 52' 00" EASt 1,S0;0 FEET TO THE CENTER
LINE OF FIRST AVENUE, NOW VACATED; THENCE Al.ONG S!\ID LAST MENTIONED UNE NORTH_ 89° 051
.00." WEST1 197.55 FEET TO A PbINT; THE~tE NORTH 00° 52' 00'' Wf:ST, 1$0.00 FEET; THENCE NORTH
sg·o OS' 00" EA$T, 197.55 FEET TO THE TRUE POINT OF BE.GINNING,
.APN: 2os-u2:.21-oo -.
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