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Home My WebLink AboutCT 98-21; Seaview Residential LLC; 2000-0424325; Hold Harmless Agreement/ReleaseI , 1 . cs i 5 e RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 3777 DOC r 2000-0424325 HJG IO, 2000 XL:30 fwl m1c1Al RECORDS SAN DIEGO IllllNTY RECURDER’S OFFICE GREf%RY ;$ITH, Wi$‘YRECORDER : . SPACE ABOVE THIS LINE FOR RECORDER’S USE g: ~‘~~~~~~~~~~~~~> PARCEL NO,: ,133,) ,87--J7()--)4-0() “ P@QJE& NO;‘& Nj@&: CT 98-21 “ : i, ‘3,) ,: 8 I;‘I;i(, se#view ,I :: ,.’ / ,I ‘ii ‘! ,‘ : ,. Ij, ,‘iii,f _; i.,,ii..,i ,a . . 0, g;;((,,, 1’:) (, L ,,( ,i (,( ii_a :_:: ,- 3) 0 S(( 2’ 2 1‘+:_ $1:) ,& ‘&‘ ,‘,“ “_‘;> (‘1 ((‘i I.’ i I _. ; /> /(a‘I/, I’, ,‘Z’ / ,,’ $ 1.j 0 ‘)“ “ ‘2 ,‘_ ;,.;i‘,, :&tiD HARMLESS AGREEMEFt+ ‘~’ ” ,‘ :;a, (‘I;, ,, ,‘: ‘, : :h:::, 1 ,1 ,,,y I):’ DRAINAGE (_( (.‘:, 1,:“: I,I i ,, E:( g:> ::+ ;; $1 (* : 9: : ,1 i:.2 ,.,I: s,’ )‘ ;J:!L3 f ij * ,_,. ‘) :’ EL, ::I %j i *If, i&;: ‘pl In co~si~~&&f&# the‘ City’s appr@&ai:ibf a dmln&ge $f& ~(klan No; &W@‘@#~A) and “? (_, s*:i:i‘l’ ); ,‘_ : i, :“‘i 1 i;tl:a improvement plans (#r% No. DWG 385-Z) for development to occur on pro&My de&&bed as ,I, i $5, ,I I_; ‘, “i;;:,;;, ‘Q” ;i:; / *‘ 3,s; ,‘>I,&&‘i~ :;s (see Exhibit A; .‘attached), We, Seaview Residential, LLC, the ownen; ‘of sajd”propa~l promise 0 , * p #; ;I ;;‘ to indemnify andto hold the City of Carlsbad, its’officers, agents&d employees’ harmfess from ( j ./ ::, :;:i,,:, liability for injuries”to,~~rsons, or damage to or taking of protier& directly’oi~ir”idlre~ly caused _‘ !’ [il;ifl by the diversion’of w&&$$the alteration of the normal flow of surface waters oi d&@age, or the ;::, 3 ‘3 ‘,’ 2‘ <;$,p$ concentration of.su~~ce,~~att,‘Or drainage from the drainag,e r$&m or otherimprovements 1: ,;:, ‘),(( identified in the app’r&ed$&; & b~‘&&&ign, ~~coMtr#tio~“& tiainten&& of the drainage ‘02 ,, system or other improvement&‘id&ttifi& in’the%pproved plans. ’ ‘,, ; /:( ,_’ I,;, ;:, ,::,.: ‘$_ Approval of the plans by’th8’“CT~ishll;,not cons%& an“‘assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. Masters/Forms/Hold Harmless Agt Drainage Rev. 12/O&38 3778 -- It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this lo day of may , 20 00 *j rGt;i;i,,:.:;:“~:“ i (Chairman, prestdent or vice-president and secretary, assistant &$creta~;’ CPQ”‘or assistant treasurer must sign for corporations. Otherwise, the corporafibn must attach a resolution certified by the secretary or assis&t~secretary under corporate seal empowering the officer(s) signing to bind the corporation.) /,’ “1 RONALD R. BALL City Attorney 1 Masters/Forms/Hold Harmless Agt Drainage Rev. 1 Z/08/98 C 3779 EXHIBIT A CT 98-l 2 (LEGAL DESCRIPTION) A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Southwest corner of said Lot “J” marked by a 6 inch galvanized iron pipe filled with cement; thence North 23’33’ West along the Southwesterly boundary line of said Lot “J” a distance of 179.37 feet to a point on the Northerly line of the County Road as shown on Licensed Surveyor’s Map No. 441, thence continuing North 23’ 33’ West along the Southwesterly boundary line of said Lot “J” a distance of 351.08 feet to the True Point of Beginning; thence North 23’33’ West along the Southwesterly boundary line of said Lot “J” a distance of 295.92 feet; thence North 66’26’44” East 555.20 feet to the Easterly line of the land conveyed to Lewis D. Craig and Bernice B. Craig, by H.E. Ellery, Ada E. Ellery and Elizabeth S. Nevin, according to deed recorded in Book 2074, Page 307 of Official Records of San Diego County, California; thence South 23’19’10” East along said last mentioned Easterly line a distance of 298.20 feet to the Northeast corner of land conveyed to Grace B. Roe, by Lewis D Craig and Bernice Craig, according to deed recorded in Book 2266, Page 396 of Official Records of San Diego County, California; thence along the Northerly line of said Roe land; South 66’40’50” West a distance of 323.03 feet to the Northwest corner thereof; thence along the Westerly line of said Roe land South 23°19’10” East a distance of 322.13 feet to the Southwest corner of said Roe land, being a point in a curve on the aforementioned County Road concave to the South and having a radius of 326.09 feet, said radius having a bearing of South 1 lo28’49” East; thence Westerly along said curve through an angle of 4’27’28” a distance of 25.37 feet to a point on said curve whose radius is 326.09 feet, said radius having a bearing of South 15’57’17” East; thence North 23°19’10” West a distance of 317.91 feet; thence South 66’40’50” West a distance of 205.97 feet to the True Point of Beginning. State of California 1 3780 - 1 County of San Diego > On 5/10/00 before me, Linda Lopez, Notary Public (Date) (Name, Title of Officer)’ personallyappeared Josedh A. Gallaqher and Donna C. Wilson (Name[s] of Signer[s]) -----_-----------_----------------- I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 Linda Lopez v R LINDA LOPEZ COMM. #1163702 w (This area for official notary seal) Title or Type of Document Ho1 d Harm1 ess Aqreement Date of Document No. of Pages Signer(s) other than named above - 3781 .- BOARD OF DIRECTORS MEETING MARCH 14,200O The Board of Directors of MSK Management, Inc. hereby autharites Joseph A. Gallagher, in his position as President of the Corporation, and Donna C. Wilson, as Secretary of the Corporation, to sign on behalf of Seaview Residential LLC, all appiications, agreements, maps, and other regulatory and governmental approval applications. This includes final map or subdivision tract maps, grading plans, improvement plans, etc. necessary for the development of the Seaview project. Secretary S142 AvcniJn Eneinas, Carlshad. CA 92008 (760) 931-2785 FUX (760) 931-27134