HomeMy WebLinkAboutCT 04-06; Lanikai Partners II LLP; 2005-0243590; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY I
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008 I
DOC # 20054243590 l11111111111111111111111111 Illll lllll11ll1 Illil lllll Illli 11111 1111 till
MAR 24,2005 459 PM
OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER’S OFFICE
CiREIIjDR’f J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES. 4
I11111 Illl lllll Ill11 1111 Ill11 HlllU1111111 UlllU1111111 Il1111111111111
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 212-120-33
PROJECT NO. & NAME: CT 04-06
PALOMAR POINTE
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG
development to occur on property described in Exhibit “A”, according to Map thereof No. 823,
We, LAWA, ?keT&K(Ls a- ; UP , 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
occurring during the construction work or improvements as specified in this agreement.
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H:/Development SeNiceslMasterslBonds & AgreeemnWHold Harmless Agreement Drainage Rev. 12/08/98
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 Ibe
day of h+td.UAty ,2005 .
PROPERTY OWNERS LA# ; Kfi I *? f7mdm s. IfLi J
I (Print Name and Title)
Bv:
(Sign Here)
(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
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H:/Developrnent Selvices/Masters/Bonds & AgreeemntsfHold Harmless Agreement Drainage Rev. 12/06/98
State of California .
n personally known to me -OR -/
(proved to me on the basis of satisfactory evidence) to be the person($) whose name@)
@re subscribed to the within instrument and acknowledged to me that@she/they
executed the same in@her/their authorized capacityw, and that by&er/their
signature($) on the instrument the person(4, or entity upon behalf of which the person@$
acted, executed the instrument.
WITNESS my hand and official seal
,
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above
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H:/Development Services/Masters/Bonds & AgreeernntsRlold Harmless Agreement Drainage Rev. 12/06/98
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT F OF THE 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:
COMMENCING AT POINT 15 OF SAID LOT F, BEING POINT 6 OF LOT G OF SAID RANCHO;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT F, SOUTH 79O42'02" EAST, 101.09 FEET
(RECORD SOUTH 79'42'54" EAST, 101.12 FEET) TO THE WESTERLY PROLONGATION OF THE
NORTH BOUNDARY OF PALOMAR AIRPORT, AS SHOWN ON RECORD OF SURVEY MAP NO.
8467, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE
ALONG SAID NORTH BOUNDARY NORTH 79'41'14" EAST, 673.88 FEET (RECORD NORTH
79'41'25" EAST 674.13 FEET ) TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN
DEED TO JAMES L. HIEATT, ET UX, RECORDED IN BOOK 6268, PAGE 190 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY, THENCE ALONG THE NORTHEASTERLY LINE OF SAID
HIEA'IT LAND NORTH 49'57'37" WEST (RECORD NORTH 51' WEST PER SAID DEED) 1338.43
FEET TO THE MOST NORTHERLY CORNER OF SAID LAND; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID LAND SOUTH 25'3 1'21" WEST, 594.10 FEET (RECORD SOUTH
25' WEST 594 FEET) TO THE SOUTHWESTERLY LINE OF LOT F; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 50'28'50" EAST, 671.78 FEET (RECORDED SOUTH 51' EAST,
671.88 FEET) TO THE POINT OF BEGINNING.
APN 212-120-33-00
AUGUST 09,2002 2: 18 PM RS
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