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HomeMy WebLinkAboutCDP 11-02; NEW POINTE INVESTMENTS 15, LLC; 2011-0240058; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 /u- DOCtt 2011-0240058 MAY 09, 2011 3:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-042-25-00 PROJECT ID: CDP 11-02 PROJECT NAME: TAMARACK NPI RESIDENCE RELATED PROJECT ID: CB 11 -510 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage building permit (CB110510) for development to occur on property more particularly described as attached Exhibit "A", I/We, New Pointe Investments 15, 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 Q:\CED\LandDev\PROJECTS\CDP\CDP 11\CDP 11-02 Tamarack Residence - Levy\B & AUHOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08_CDP1102.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 ^ day of -Apr *., 20 H . OWNER(S) New Pointe Investments 15, LLC, a California limited liability company By: (Sign Here) (• - (Print Name and Title) Date: By: _ (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By:MlQf Deputy City AttorneyDeputy City Attorney (Proper notarial acknowledgment of execution by owner(s) 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.) Q:\CED\LandDev\PROJECTS\CDP\CDP 11\CDP 11-02 Tamarack Residence - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08_CDP1102.doc EXHIBIT "A" PROPERTY DESCRIPTION THE NORTHWESTERLY 220 FEET OF THE NORTHEASTERLY HALF OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF TRACT 232 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF TAMARACK AVENUE AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF TAMARACK AVENUE SOUTH 61° 21' WEST 600.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 28° 39' EAST 381.5 FEET, TO THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED TO ALEX LABETTA AND MANUELA LABETTA BY THE SOUTH COAST LAND COMPANY BY DEED DATED MAY 3, 1924; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 61° 21' WEST 110.00 FEET; THENCE NORTH 28° 39' WEST 381.5 FEET TO SAID CENTER LINE OF TAMARACK AVENUE; THENCE ALONG SAID CENTER LINE NORTH 61° 21' EAST 110.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 206-042-25 CDP 11-02 TAMARACK NPI RESIDENCE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f- • Date personally appeared before » *+ C. /t , and TW*Insert Maim and TW* of the officer/ Name(ij of Signers) OFFICIAL SEAL MELISSA KATHRYN WHITE „iNOTARY PUBLIC-CAUFORNlAg1 COMM. MO. 1811326 - SAN DIEGO COUNTY BMY COMM. EXP. AUG. 26, 2C12 | i-sxff who proved to me on the basis of satisfactory evidence to be the person^) whose name/sCls/are subscribed to the within instrument and acknowledged to me that (^/she/they executed the same iixfiis/rier/their authorized capacity(ie^), and that by(fjj§^ier/their signature^) on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Place Notary Seal Above OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /J- Document Date: V'^/X <~f /7 / Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) C.Signer's Name: j&^idividual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee Q Guardian or Conservator D Other: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here O2W7 National Notary Asaocfctkxi-9350 De Sow Aw., P.O. B« ltem*5»07 Reonhr Cat ToU-Fn* 1-600876-6827