HomeMy WebLinkAboutCT 01-10; Anastasi Development Company; 2003-0760174; Hold Harmless Agreement/Release,
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RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
PROJECT NO. & NAME: CT 01-10
Village by the Sea
DOC # 2003-0740174
JUN 26s 2003 4~115 FM
OFFICIFIL. RECORD$ 924 DIEGO COUNTY RECORDER'S OFFICE GREGORY J. S)IIITH, COUNTY RECORDER- FEES: 29.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-172-063 079 08,11,12,16.21 ~. & 23-00
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 403-4A) and
improvement plans (DWG 403-4) for development to occur on property described as (see
attached), (I)We, Anastasi Development Company 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:IDevelopment SeNices/Masters/Bonds 8 AgreeemntdHold 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@) 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.
37- IN WITNESS WHEREOF, the undersigned has executed this instrument this 31
day of ,20 o?.
PROPERTY OWNERS
J. Darryl Nyznyk, President & CEO
(Print Name and Title)
a
Wayne G. Anastasi, Chairman
(Print Name and Title)
(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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
lev Trity Attorn ~
2 H:/Development ServicedMasterdBonds 8 AgreeemntsMold Harmless Agreement Drainage Rev. 12/06/98
ORDER NO. 1256082-22
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF BLOCK 5 OF CARCSBAD, ACCORDING TO AMENJ3ED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK DISTANT
THEREON 270.0 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF,
SAID POINT BEING THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE
DEED TO HILLAND J. KELLY AND FRANCES K. KELLY, HUSBAND AND WIFE AS JOINT
TENANTS, RECORDED JULY 12, 1949 IN BOOK 3253, PAGE 425 OF OFFICIAL RECORDS,
THENCE SOUTHEASTERLY ALONG SAID LAND 120 FEET TO THE MOST SOUTHERLY
CORNER THEREOF, BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LAND AND ALONG THE SOUTHEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO ELEANOR MADDING, A SINGLE WOMAN,
RECORDED JANUARY 28, 1949 IN BOOK 3093, PAGE 161 OF OFFICIAL RECORDS, 170 FEET
TO THE SOUTHEASTERLY LINE OF WASHINGTON STREET; THENCE SOUTHEASTERLY
ALONG THE SOUTHWESTERLY LINE OF WASHINGTON STREET 80 FEET TO AN
INTERSECTION WITH A LINE THAT BEGINS AT A POINT ON THE NORTHEASTERLY LINE
OF SAID BLOCK, DISTANT THEREON 200.0 FEET NORTHWESTERLY FROM THE MOST
EASTERLY CORNER THEREOF AND RUNS SOUTHWESTERLY IN A STRAIGHT LINE TO A
POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON 200.0 FEET
SOUTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG SAID STRAIGHT LINE 170 FEET TO THE MOST SOUTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO W.N. KELLY, A SINGLE MAN,
RECORDED APRIL 5, 1949 IN BOOK 3161, PAGE 463 OF OFFICIAL, RECORDS; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND 80 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
THE NORTHEASTEUY 60 FEET OF THE SOUTHEASTERLY 150 FEET OF BLOCK 5 OF
CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA,
ACCORDING TO MAP THEREOF NO. 775 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY FEBRUARY 15,1894.
TOGETHER WlTH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 2, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PAGE 8
ORDER NO. 1256082-22
PARCEL 3:
THE NORTHEASTERLY 60 FEET OF THE NORTHWESTERLY 50 FEET OF THE
SOUTHEASTERLY 200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORJIING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUAFtY 15,
1894.
PARCEL 4:
THE SOUTHWESTERLY 40 FEET OF THE NORTHEASTERLY 160 FEET OF SOUTHEASTERLY
200 FEET OF BLOCK 5 OF CARLSBAD, IN CITY OF CARTSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15,1894.
TOGETHER WTI" THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 4, w"
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 5:
THE SOUTHWESTERLY 60.00 FEET OF THE NORTHEASTERLY 120.00 FEET OF
SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE Cl" OF CATUSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 5, W"
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 6:
THE SOUTHWESTERLY 65.00 FEET OF THE NORTHEASTERLY 225.00 FEET OF
SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEWOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING TKE ABOVE DESCRIBED PARCEL 6, W"
WlLL REVERT UPON VACATION BY OPERATION OF LAW.
PAGE 9
ORDER NO. 1256082-22
PARCEL 7:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CrYT OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED UAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55’23’25’’ EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 55’23’25’’ EAST 20.00 FEET; THENCE SOUTH 34°33’25” EAST 120.00 FEET, THENCE
NORTH 55’23’25” EAST 135.00 FEET, THENCE SOUTH 34’33’25’’ EAST 80.26; THENCE SOUTH
55’26’58’’ WEST 150.00 FEET; THENCE NORTH 34’33’25 WEST 200.10 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 8:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
15,1894, DESCRlBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; T”CE NORTH
55’23’25’’ EAST 20.00 FEET; ALONG BEACH AVENUE TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 55’23’25” EAST, 95.00 FEET; THENCE SOUTH 34’38’25” EAST,
200.10 FEET; THENCE NORTH 55’26’58’’ EAST, 100 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF THE PORTION OF SAID BLOCK 5 CONVEYED BY C.B.
BRENNERMAN TO HELEN R. KNOWLES BY DEED DATED FEBRUARY 17, 1899 AND
RECORDED, IN BOOK 276, PAGE 200 OF DEEDS THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO KNOWLES FOR A DISTANCE OF 200
FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 5; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE 100 FEET; T”E NORTHWESTERLY AT RIGHT
ANGELS TO SAID SOUTHEASTERLY LINE 100 FEET; THENCE SOUTHWESTERLY 115 FEET
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 5 WHICH IS
100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 5;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE 100 FEET; THENCE
NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 20 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL NUMBER 2 OF THE CITY OF CARLSBAD LOT
SPLIT MAP NO. 71, RECORDED FEBRUARY 20, 1969 AS FILE NO. 3364 OF OFFICIAL
RECORDS; THENCE NORTH 34’33’00” WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH THAT PORTION NORTHWESTERLY 10 FEET OF CHRISTIANSEN WAY
FORMERLY KNOWN AS CEDAR STREET ADJOINING SAD LOT 5 ON THE SOUTHEAST AS
VACATED AND ABANDONED TO PUBLIC USE BY RESOLUTION OF THE COUNTY BOARD
OF SUPERVISORS, A CERTIFIED COPY OF WHICH RECORDED OCTOBER 1,1986 AS FILE NO.
86-438978 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55’24’44’’ EAST, 115.43 FEET ALONG THE SOUTHEASTULY BOUNDARY OF SAID BLOCK 5,
TO THE TRUE POINT OF BEGINNING.
PAGE 10
ORDER NO. 1256082-22
THENCE CONTIUING NORTH 55’24’44” EAST, 99.60 FEET ALONG SAID SOUTHEASTERLY
BOUNDARY TO A POINT WHICH IS 225.75 FEET SOUTHWESTERLY FROM THE MOST
EASTERLY CORNER OF SAID BLOCK 5; THENCE SOUTH 34’35’38” EAST, 10.00 FEET,
THENCE SOUTH 55’24’44” WEST, 99.60 FEET; THENCE NORTH 34’37’20” WEST, 10.00 FEET
TO THE TRUE POINT OF BEGINNING.
PAGE 11
,
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES 1 ) ss.
On this 3 lst day of December, 2002, before me, CYNTHIA M. DONALD, a Notary Public
in and for the State of California, personally appeared J. DARRYL NYZNYK, personally known
to me to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES 1
) ss.
On this 3 lSt day of December, 2002, before me, CYNTHIA M. DONALD, a Notary Public
in and for the State of California, personally appeared WAYNE G. ANASTASI, personally known
to me to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature