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Home My WebLink AboutCT 90-34; Aviara Land Associates LP; 1995-0132404; Hold Harmless Agreement/Release,/ ‘t072i ‘I ‘\d ix tl 1995-0132404 30-IIAR-1995 12r27 PM OFFICML RECDRDS W DIE60 CDWY RECORDER’S OFFICE RECORDING REQUESTED BY AND 1 \ WHEN RECORDED MAIL TO: City Clerk ; CiRIGoRY "T'tl; COUHTTEECORDER ;; 8 19.c CITY OF CARLSBAD 1200 Carlsbad Village Drive i f; HF: . Carlsbad, California 92008 Space above this line for Recorder's use Parcel Ho, Ilu40 .; d ~23 and 216-111-08 HOLD HARMLESS AGREEMENT DRAINAGE CT 90-34 In consideration of the City's approval of et drainage plan (Plan No. 326-4A) and/or improvement plans (Plans No. 326-4) for development to occur on property described as Aviara Planning Area 27, CT 90-34 more particularly described as n~ee attached Exhibit l1AH (APN 215-040-23 and 216-ill-08), We Aviara Land Associates Limited Partnership, A Delaware Limited Partnership the said owners of said property promise to indemnify anh 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 taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, AgreementMAG-14.FRH REV. S/21/90 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. It is further agreed that the above owner(s) will maintain all drainage systems to‘ insW?a '&. free flow to a satisfactory point of discharge unless said systems‘~are accepted as public facilities. /// /// /// /I/ /I/ /// /I/ /I/ I// /// /// /// /I/ /I/ Agreements/AC-14.FRM REV. S/21/90 . . ’ ., . . 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 instrument this . hay ;;;cuthis Aiffsra Land Associates Limited Partnership, A Delaware Limited Partnership, formerly Pacific Rim Land Associates Limited Partnership, Delaware Limited Partnership, Owner nd Company, A Delaware on, General Partner Scott Medansky, ns, Vice President ke, Assistant Secretary APPROVED AS TO FORM: RONALD R. BALL c!!yyJTYm cL ~ - City Attorney 3-J-%-- (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Agreements/AG-14.FRM REV. 5/21/W ‘1075 ORDER NO. 1070987-15 LEGAL DESCRIPTION THE LARD REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: ALL OF LOT 6 OF CITY OF CARLSBAD TRACT NO. 89-37, AVIARA PHASE II, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12967, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1992, DESCRIBED IN WHOLE AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 6; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 6, SOUTH 31051'00" EAST 312.96 FEET; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT 6, SOUTH 06*33'30" EAST 495.49 FEET; THENCE SOUTH 14O29'30' WEST 241.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 6, NORTH 57O31'20" 92.23 FEET TO THE BEGINNING OF A TANGENT 334.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17O45'50" A DISTANCE OF 103.55 FEET; THENCE TANGENT TO SAID CURVE NORTH 75°17'10" WEST 887.35 FEET TO THE BEGINNING OF A TANGENT 566.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTEZAL ANGLE OF 31O13'18' A DISTANCE OF 308.43 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE NON-TANGENT TO SAID CURVE AND NORTHEASTERLY ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 6, NORTH 38OO9'27" EAST 85.91 FEET; THENCE NORTH 04O58'11" EAST 69.26 FEET; THENCE SOUTH 82*08'48' EAST 58.55 FEET; THENCE NORTH 71O20'16" EAST 79.69 FEET; THENCE NORTH 58OO6'10' EAST 84.22 FEET; THENCE NORTH 45O27'08" 62.06 FEET; THENCE SOUTH 45O33'47" EAST 42.15 FEET; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 6, NORTH 89°03'OO" EAST 523.66 FEET; THE NORTHEASTERLY ALONG THE MOST NORTHWESTERLY BOUNDARY OF SAID LO? 6, NORTH 41O58'40' EAST 403.82 FEET TO THE POINT OF BEGINNING. 6/21/93 J.W.B. qqwlT “A” STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO } !I 07’6 OXl personally appeare known to me &proved . . . tmn_r\n ) to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that we/they executed the same in hiq%er/their authorized capacity(ies), and that by hiq%er/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO } / personally known to me +q3iWe& . . . t-ha- e) to be the person(s) whose name(s)-k/are subscribed to the within instrument and acknowledged to me that-hqkhelthey executed the same in w/their authorized capacity(ies), and that by-hi&her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.