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