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Home My WebLink AboutMS 04-18; Family Real Estate Enterprises, LLC; 2007-0262801; Hold Harmless Agreement/Release8804 DOC# 2007-0262801 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 fj1V 1 IIIIIHI Ml Mill HIM II APR 18 SAN DIEGO GREGORY FEES: PAGES: lilliilH in inn i ,200' OFFICIAL COUNT, J SMITH 1E 111 2007 16.00 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 208-040-05 PROJECT NO. & NAME: MS 04-18 Eucalyptus Lane HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 440-9A) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 208-040-05, I/We, Family Real Estate Enterprises, 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:\Development Services\PROJECTS\MS FILES\MS 04\MS 04-18 Eucalyptus MS-Maashoff&Scobba\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(440-9A).doc 8805 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 day of ^Aardh __ 20 DO . PROPERTY OWNERS Familv Real Estate Enterprises., LLC, a California limited liabilitYx-eomparw (Sign Here) Rachel D. Mullin, a Managing Member (Print Name and Title) Date: By: _ (Sign Here) Date: (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(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney )eputy City Attqrney H:\Development Services\PROJECTS\MS FILES\MS 04\MS 04-18 Eucalyptus MS-Maashoff&Scobba\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(440-9A).doc 8806 State of California County of San Diego On before me, (Date) personally appeared p&CVllA ft. (Name.^le of Officer) (Name[s] of Signerfs]) t ^'personally known to me -OR - D (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 Signature of Notary SHAWN M. RUSSELL Commission # 1546423 Notary PubHc - CaWomta San Diego County My Comm Expires Jon ?2 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages H:\Development Services\PROJECTS\MS FILESWIS 04\MS 04-18 Eucalyptus MS-Maashoff&Scobba\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(440-9A).doc 8807 EXHIBIT "A" PROPERTY DESCRIPTION THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE 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, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I", BETWEEN CORNERS NO. 1 AND NO. 2 OF SAID LOT, NORTH 02° 28' 40" WEST (RECORD NORTH 03° 00' 00" WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531 PAGE 230 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, IN BOOK 3942 PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF COUNTY ROAD, NORTH 67° 10' 00" WEST, 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD, NORTH 64°, 35' 00" WEST 243.68 FEET TO THE POINT OF BEGINNING THENCE ALONG SAID CENTER LINE NORTH 64° 35' 00" WEST 302.54 FEET; THENCE SOUTH 25°25' 00", 327.43 FEET; THENCE SOUTH 71° 20' 00" EAST, 180.80 FEET TO THE BEGINNING OF A TANGENT 150.0 0 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE, 227.15 FEET THROUGH AN ANGLE OF 86° 46' 00"; THENCE NORTH 21° 54' 00" EAST 148.31 FEET TO THE TRUE POINT OF BEGINNING