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Home My WebLink AboutCT 00-06; Lennar Bressi Carlsbad LLC and Lennar Homes of Cal; 2008-0445047; Hold Harmless Agreement/ReleaseDQC# 2008-0445047 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 AUG19, 2008 3:57 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COONTY RECORDER FEES: 0.00 PAGES:5 9371 SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-030-17-00ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: CT 00-06 Bressi Poinsettia Lane HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG No. 397-2J) and improvement plans (DWG No. 397-2K) for development to occur on property described as attached Exhibit "A", (l)We, Lennar Bressi Ranch Venture 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 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. 1 H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 9372 IN WITNESS WHEREOF, the undersigned has executed this instrument this <^ day of // _ , 20 02-r PROPERTY OWNERS Lennar Bressi Ranch Venture LLC, a California Limited Liability Company Bv: Lennar Bressi Carlsbad LLC, a California Limited Liability Company, its Manaaing Member By: Lennar Homes of California, Inc., a California CorporalierrrHs. Managing Member By: (Print Name and Title) Date: By: _ (Sign Here) ux 1(Print Name and Title) Date: _ (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 By: Aooiotofltoty Attorney 2 H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 9373 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ) On November 6. 2002. before me Janice L. Zlaket, a Notary Public, personally appeared Graham Jones and Dee Baker, personally known to me to be the persons whose names are subscribed on the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal JANICE L. ZLAKET J Comm. II228574 J* NOTARY PUBLIC-CALIFORNIA JJ| Orange County "" My Comm. Expires July 11,2003 L Signature [SEAL] 9374 EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL B OF THE CERTIFICATE OF COMPLIANCE WITH CONDITIONS RECORDED FEBRUARY 11, 1999 AS DOCUMENT NO. 1999-0085753, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 1763, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 20, 1973, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST BOUNDARY CORNER OF SAID PARCEL 1; THENCE ALONG THE EAST BOUNDARY LINE SOUTH 02° 37' 58" EAST 513.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE (1) SOUTH 82° 11' 39" WEST, 121.15 FEET TO THE BEGINNING OF A TANGENT 400 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (2) SOUTHWESTERLY 176.66 FEET THROUGH A CENTRAL ANGLE OF 25° 18' 15"; THENCE (3) SOUTH 56° 53' 24" WEST, 245.09 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE; CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (4) SOUTHWESTERLY 43.89 FEET THROUGH A CENTRAL ANGLE OF 08° 22' 59"; THENCE (5) SOUTH 48° 30' 25" WEST, 67.05 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (6) SOUTHWESTERLY AND WESTERLY 147.25 FEET THROUGH A CENTRAL ANGLE OF 38° 20' 58"; THENCE (7) SOUTH 86° 51' 23" WEST 233.55 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE '(8) WESTERLY 128.39 FEET THROUGH A CENTRAL ANGLE OF 18° 23' 25"; THENCE (9) NORTH 75° 10' 05" WEST, 113.37 FEET; THENCE (10) NORTH 80° 57' 50" WEST, 139.47 FEET; THENCE (12) NORTH 86° 47' 11" WEST 176.05 FEET; THENCE (13) NORTH 89° 19' 35" WEST, 83.94 FEET TO THE BEGINNING OF A TANGENT 550.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (14) WESTERLY AND SOUTHWESTERLY 368.13 FEET THROUGH A CENTRAL ANGLE OF 38° 21' 00"; THENCE (15) SOUTH 34° 14' 30" WEST 84.01 FEET TO THE BEGINNING OF A NON-TANGENT 712.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 35° 10' 31" WEST; THENCE ALONG THE ARC OF SAID CURVE (16) NORTHWESTERLY 135.02 FEET THROUGH A CENTRAL ANGLE OF 10° 51' 54"; THENCE (17) SOUTH 58° 31' 10" WEST 149.27 FEET; THENCE (18) SOUTH 61° 10' 01" WEST 113.01 FEET; THENCE (19) SOUTH 70° 39' 01" WEST, 55.00 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (20) WESTERLY 67.81 FEET THROUGH A CENTRAL ANGLE OF 32° 22' 34"; THENCE (21) NORTH 76° 68' 25" WEST 40.38 FEET; THENCE (22) NORTH 82° 50' 55" WEST, 147.90 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (23) WESTERLY AND NORTHWESTERLY 106.40 FEET THROUGH A CENTRAL ANGLE OF 3'T>° 28' 18"; THENCE (24) NORTH 52° 22' 70-00544-23 -4- 07" WEST 100.17 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID 9375NORTHWESTERLY AND WESTERLY 246.81 FEET THROUGH A CENTRAL ANGLE OF 47° 07' 15"; THENCE (26) SOUTH 80° 29' 38" WEST 115.55 FEET; THENCE (27) SOUTH 78° 37' 01" WEST, 104.51 FEET; THENCE (28) SOUTH 83° 21' 31" WEST, 329.61 FEET; THENCE (29) SOUTH 84° 18' 23" WEST, 300.94 FEET TO THE BEGINNING OF A TANGENT 2,200.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (3) WESTERLY 306.13 FEET THROUGH A CENTRAL ANGLE OF 07° 58' 22"' THENCE (31) NORTH 87° 43' 15" WEST, 657.45 FEET TO THE BEGINNING OF A TANGENT 110.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (32) WESTERLY, SOUTHWESTERLY AND SOUTHERLY 174.81 FEET THROUGH, A CENTRAL ANGLE OF 91° 03' 20"; THENCE (33) SOUTH 01° 13' 25" WEST 553.39 FEET; THENCE (34) SOUTH 89° 02' 45" WEST 572.44 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (35) WESTERLY, SOUTHWESTERLY AND SOUTHERLY 186.79 FEET THROUGH A CENTRAL ANGLE OF 71° 20' 52"; THENCE (36) SOUTH 17° 41' 53" WEST 486.59 FEET TO THE BEGINNING OF A TANGENT 1,370.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE (37) SOUTHERLY 316.68 FEET THROUGH A CENTRAL ANGLE OF 13° 14' 39"; THENCE (38) SOUTH 04° 27' 14" WEST 130.13 FEET TO THE SOUTH LINE OF SAID LOT 1 OF PARCEL MAP NO. 1763, THENCE ALONG THE SOUTH AND EAST BOUNDARY LINE OF SAID LOT 1 THE FOLLOWING COURSES (39) SOUTH 89° 17' 57" EAST 1,476.61 FEET; THENCE (40) SOUTH 00° 42' 03" WEST, 1,380.00 FEET; THENCE (41) SOUTH 00° 17' 57" EAST 2,180.00 FEET; THENCE (42) SOUTH 00° 42' 03" WEST 965.00 FEET; THENCE (43) SOUTH 89° 26' 46" EAST 2,458.40 FEET; THENCE (44) NORTH 02° 37' 58" WEST 4,520.72 FEET TO THE TRUE POINT OF BEGINNING. 70-00544-23 -5-