The URL can be used to link to this page

Home My WebLink AboutCT 05-19; Carlsbad Medical Village LP; 2007-0278670; Hold Harmless Agreement/ReleaseDOC# 2007-0278670 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 APR 24, 2007 3:20 PM OFFICIAL RECORDS DIEGO COUNTY RECORDER'S OFFICE GREGCiFi'i J SMITH COUNT1, RECORDER FEES n 00 F^GES 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.:156-190-53-00 156-190-54-00 PROJECT NO. & NAME: CT05-19 Carlsbad Medical Center punt- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 443-4A) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No APN 156-190-53-00 and APN 156-190-54-00, I/We, Carlsbad Medical Village, LP, a California limited partnership, 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 H \Development Services\PROJECTS\CT FILES\CT OS\CT 05-19 Carlsbad Medical Village - Rick\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(443- 4) doc 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 _ PROPERTY OWNERS Carlsbad Medical Village, LP, a California limited partnership By Russell Ries, Manacfing MemberGoldentop Development I, LLC a Calif. Limited Liability Co. its General Date / (Print Name and Title) Partne By (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 By 'ep~utyt)ity At^prney 2 H \Development Services\PROJECTS\CT FILES\CT 05\CT 05-19 Carlsbad Medical Village - RickVBonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(443- 4) doc State of California County of San Diego On (Date) personally appeared before me, (Name, Title of Officer) (Name[s] of Signer[s]) L/StP personally known to me -OR - D to be the person(s) whose namefc) is/are subscribed to the within instrument and acknowledged to me that he/s+te/toey. executed the same in his^ecAhear authorized capacity(*es), and that by his/taor/thoir signature^ on the instrument the person(^), or entity upon behalf of which the person^) acted, executed the instrument WITNESS my hand and official seal Signature of Notary KYRIETALITHAFOGEL Commission #1493393 Notary Public - California | San Diego County (This area for official notary seal) Title or Type of Document itxP t^ifif/VL^xS' $&&33W€(\t "DEMAN^"^ Date of Document No of Pages Signer(s) other than named above M&sgs H \Development Services\PROJECTS\CT FILES\CT 05\CT 05-19 Carlsbad Medical Village - RicWBonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(443- 4) doc EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Commencing at a point in the center line of Highland Drive, distant thereon North 34°33'00" West, 372.58 feet from the intersection of said center line of Highland Drive with the center line of Oak Avenue; Thence South 55°27'00" West, 108.38 feet to the True Point of Beginning; Thence continuing South 55°27'00" West, 87.83 feet; Thence South 34°33'00" East, 182.56 feet; Thence South 55°26'07" West, 89.54 feet; Thence South 34°33'00" East, 25.00 feet; Thence South 55°26'07" West, 65.00 feet; Thence North 34°33'00" West, 3.50 feet; Thence South 55°26'07" West, 116.91 feet to an intersection with a line that bears North 34°33'00" West, 168.50 feet from a point on the center line of said Oak Drive, distant thereon South 55°26'07" West, 467.47 feet from the intersection of said center line with the center line of said Highland Drive, North 34°33'00" West, 290.55 to the Southerly right of way of Elm Avenue, and a point in the arc of 1,242.00 foot radius curve, concave Northwesterly, a radial line from said curve bears North 44°59'45" West; Thence Northeasterly along the arc of said curve through a central angle of 03°47'30" a distance of 82.19 feet to a point of reverse curvature with a 1,158.00 foot radius curve, concave Southeasterly; Thence Northeasterly along the arc of said curve through a central angle of 13°57'08" a distance of 281.99 feet to an intersection with a line that bears North 34°32'09" West from the True Point of Beginning; Thence South 34°32'09" East, 139.47 feet to the True Point of Beginning.