HomeMy WebLinkAbout241-2; LR Partnership; 84-259352; Hold Harmless Agreement/ReleaseRECORDING REiXJESTED BY A>
WHEN PEtORDED MAIL TO:
CI?; OF CARLSBAD 1
1 1200 Elm Avenue > Carlsbad, California 92008 )
‘- 1715
. I !@“/?A I. I ~1 r Space above this line for
Documentary transfer tax: $ No fee
ali@- Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 207-100-53
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan
(Plan No. 241-2 ) and/or improvement plans
(Plan No. / ) for development to occur on
property described as See exhibit "A" for description
(APN 207-100-53), I (we) LR Partnership Ltd., a limited partnership
the owner(s) 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 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
“.(lr, - I716 N c
-
taking. City shall not i an insurer or surety for !e design or
conqtruction 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 occuring during the construction
work or improvements as specified in this agreement.
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 ? day of MA-Y , 19w.
,
(Notarial acknowledgment of execution by the OWNER(S) must be
attached).
SAFECO
TITLE INSURANCE
B B STATE OF CALIFORNIA fn San Diego ss. COUNTY OF
On this the 9th day of May 19-. 8 &fore me, the undersigned, a Notary Public in and for
.P saidState,personallyappearedJ&nes V. .JPnsen&Arthur Tony Howard Jones and
"r
g , personally known to me or proved to
h me on the basis of satisfactory evidence to be the person __ who FOR NOTARY SEAL OR STAMP
3
executed the within instrument as GENERAL
of partners of the partnership that executed the within instrument, and v--k-“&+--“x
G co acknowledged to me that such partnership executed the same.
ab WITNESS my hand and official seal. E. LYTlNE R:E”/IER
iii NOT!RY PX3LlC - CA’ ““4~,IA
E FRiPlCiP?L OFFlCt j(j
5, 1
Signature SAN DIEGO COUNTY
‘,d4 1717
Order No. S-636036 DESCRIPTION Page 1
DESCRIPTION
That portion of Lot "1"'of the partition of a portion of the RANCH0 AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of Callfor-
nia, 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 Comer No. 15 of said Lot "I" along the Southerly line of said Lot "I", South 53'44'35" East 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et
ux, recorded October 29, 1958 under Document No. 179767 of Official Records; thence along the boundary line of said land as follows: North
25"01'15" East (Record - North 24"53'50" East) 597.82 feet; thence along
said boundary line South 47'36'05" East 153.79 feet to the beginning of . a tangent curve, concave Northerly, having a radius of 355.00 feet; thence Easterly along said curve 376.92 feet through an angle of 60"50'00";
thence tangent to said curve North 71"33'55" East and along the Easterly prolongation of the Northerly boundary line of said land 306.54 feet; thence South 59'29'39" East 512.67 feet; thence South 82'26'24" East, to
a line which bears South ll"O4'05" East, 61.29 feet; thence South 02'04'51"
West, 118.11 feet; thence South 07'33'36" West, 328.00 feet from the most Southerly corner of Carlsbad Tract No. 80-1, according to Map
thereof No. 9837,'filed in the Office of the County Recorder of San Diego County, October 16, 1980; thence retracing along the last three above mentioned courses, North 07'33'36" East, 328.00 feet; North 02'04'51"
East, 118.11 feet; and North 11°04'05" West, 61.29 feet to the most
Southerly corner of said Carlsbad Tract 8&l, according to Map thereof NO. 9837; thence along the boundary of said Carlsbad Tract 80-l as
follows: North 27"20'44" West, 67.23 feet; North 27'55'53" West 272.00 feet; North 15°00'19" West, 137.08 feet; North 46'30'02" West, 209.01 feet; North 32'34'11" West, 170.00 feet; South 57'25'49" West, 95.00
feet; South 32'28'44" West, 60.00 feet;,North 51'17'39" West, 110.00 feet; and North 59"21'37" West, 102.28 feet to the Westerly boundary of land described 'in deed to Carlsbad Bay Properties, Ltd., recorded June
10, 1968 as File No. 96383; thence along the boundary of said Carlsbad Bay Properties, Ltd., Land, South 03'47'29' West, 177.18 feet to a point in a line which is parallel with and 5.00 feet Northwesterly measured at
right angles from the Southeasterly line of that certain 20.00 foot easement description Deed to the Carlsbad Mutual Water Company and Recorded November 3, 1941 In Book 1271, page 70 of Official Records;
thence along said parallel line South 47*01'24" West, 340.01 feet to a point designated herein as “Point A”; thence leaving said parallel line South 42'57'44" East, 15.00 feet; thence South 23"43'44" West, 461.47
feet; thence South 07'24'00" East, 85.00 feet to the TRUE POINT OF BEGINNING; ' _ . &cht bit ‘A’ SAFECO a I oF t
Order No. S-636036 DESCRIPTION Page 2
thence retracing the last three courses to said "Point "A"; thence South 47'01'24" West, 195.00 feet along said parallel line to an angle point
therein; thence continuing along said parallel line South 70"13'44" West 355.73 feet to an angle point therein; thence North 83"09'46" West, 151.76 feet to an angle point therein; thence North 80"22'35" West 75.21
feet to an angle point therein, being also a point in the Northerly prolongation of the Westerly line of the land described in said Deed to Phipps above described; thence along said prolongation South 25'01'15"
West, 217.40 feet to said boundary line described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Records; thence along said boundary line South 47'36'05" East
153.79 feet to the beginning of a tangent curve, concave Northerly, having a radius of 355.00 feet; thence Easterly along said curve 376.92 feet through an angle of 60"50'00"; thence tangent to said curve North
71'33'55" East and along the Easterly prolongation of the Northerly .
boundary line of said land to a line which bears South 07'24'00" East from said TRUE POINT OF BEGINNING; thence North 07"24'00" West to the
TRUE POINT OF BEGINNING.
EXCEPTING therefrom all oil, gas and other hydrocarbons lying 500.00
feet below the surface of said land, but without right of entry to remove the same, as granted to Carlsbad Bay Properties, Ltd., a limited partnership, by deed recorded June 10, 1968 as File No. 96383.
8 _ SAFECO