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Home My WebLink AboutCT 00-20; Fenton Carlsbad Research Center LLC; 2006-0065486; Hold Harmless Agreement/ReleaseDQCtf 2006-0065486 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JAN 30, 2006 8:34 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E Q 0 R Y J.SMITH. CO UN T Y RECORDER FEES. 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-020-23 PROJECT NO. & NAME: CT 00-20 Fox-Miller HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 418-6A) for development to occur on property described as (see attached), according to Map thereof No. APN 212-020-23, I/We, Fenton Carlsbad Research Center, LLC, a California limited liability company, 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 1 H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98 occurring 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 5" day of Pecev*Wr 20 cS . PROPERTY OWNERS Fenton Carlbad Research Center, LLC, a California liability company By: H. G. Fenton Company, a California corporation, its Manager By: (Sign Here) Allen M. Jones, Vice President (Print Name and Title) Date: / (SigrfHere) Michael P. Neal, President/CEO (Print Name and Title) Date: (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: RONALD R. BALL City Attorney -Assistant City Attorney^ 2 H:/Development Services/MaSfSrs/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego ) On before me, (Date) (Name, Title of Officer) personally appeared Q\{0f\ M.JuWljfo &. V(\\c)c\a€\ P Kj^fl (Name[s] of Signer[s]) _ , (*fpersonally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) -w/are subscribed to the within instrument and acknowledged to me that ho/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hef/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary CLARE CHAVEZ ConvnMonf 1466393 Notary PuMc - bdMomla San Diego County My Oxrm Expires Jan 29.2006i (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages H:/Development Serv ices/Masters/Bonds & Agreements/ Hold Harmless Agreement Drainage Rev 12/08/98 EXHIBIT "A" THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 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 A POINT ON THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS EL CAMINO REAL, SURVEY NO. 682, SHEET 3 THEREOF, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING ALSO THE CENTER POINT OF A 4 BY 4 CONCRETE BOX CULVERT ACCURATELY LOCATED AND STATIONED 150 PLUS 28.97 ON THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT ALSO BEING NORTH 79° 37' 20" WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT "B" OF RANCHO AGUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960, AS FILE NO. 20485; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG SAID CENTER LINE OF EL CAMINO REAL, SOUTH 75° 00' 00" EAST 675.10 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 325.00 FEET EASTERLY, AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID VISTA BRICK COMPANY LAND, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 00° 32' 00" EAST, 1336.95 FEET; THENCE SOUTH 32°40'27" EAST A DISTANCE OF 915.46 FEET PER RECORD OF SURVEY 6888, RECORDED JULY 6, 1967 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY (RECORD SOUTH 27° 50' 00" EAST, 827.10 FEET PER GRANT DEED RECORDED JANUARY 15, 1964 AS FILE NO. 8704 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 32°41'07" EAST A DISTANCE OF 915.53 FEET PER RECORD OF SURVEY 8467, RECORDED FEBRUARY 28, 1980 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 33°08'52" EAST A DISTANCE OF 915.12 FEET PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 9,1981 AS FILE NO. 81-065866 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 32°40'39" EAST A DISTANCE OF 915.24 FEET PER MAP NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SAID COURSE ALSO BEING ALONG A PORTION OF THE EASTERLY PROPERTY LINE OF LOT 80 OF SAID MAP NO. 12815); THENCE LEAVING SAID PROPERTY LINE OF SAID LOT 80 NORTH 68° 00' 00" EAST, 1428.00 FEET TO SAID CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 21° 47' 00" WEST, 970.78 FEET, MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 400.00 FEET NORTHWESTERLY ALONG SAID CURVE 409.22 FEET THROUGH AN ANGLE OF 58° 37' 00"; THENCE TANGENT TO SAID CURVE NORTH 80° 24' 00" WEST, 313.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET; NORTHWESTERLY ALONG SAID CURVE 237.95 FEET THROUGH AN ANGLE OF 27° 16' 00"; TANGENT TO SAID CURVE NORTH 53° 08' 00" WEST 138.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET; NORTHWESTERLY ALONG SAID CURVE 228.99 FEET THROUGH AN ANGLE OF 21° 52' 00" AND TANGENT TO SAID CURVE NORTH 75° 00' 00" WEST, 340.43 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THOSE PORTIONS OF SAID LOT "F" WHICH LIE NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND, EASTERLY OF THE WESTERLY LINE OF SAID LAND AND THE NORTHERLY PROLONGATION THEREOF, AND NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LAND AND THE NORTHEASTERLY PROLONGATION THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE COMMON BOUNDARY LINE OF SAID LOTS "F" AND "B" WHICH POINT IS 66.50 FEET NORTHERLY ALONG SAID BOUNDARY LINE FROM THAT BOUNDARY ANGLE DESIGNATED AS BOTH POINT 18 OF LOT "G" AND POINT 5 OF LOT "B" ON MAP 823; THENCE SOUTH 68° 00' 00" WEST A DISTANCE OF 465.60 FEET; THENCE AT RIGHT ANGLES NORTH 22°00' 00" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 68° 00' 00" EAST TO AN INTERSECTION WITH THE COMMON BOUNDARY OF LOTS "F" AND "B"; THENCE SOUTHERLY ALONG SAID COMMON BOUNDARY TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68443-A OF DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 24,1969 AS FILE NO. 214743.