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Home My WebLink AboutCT 00-06; Lennar Bressi Ranch Venture LLC; 2003-0760172; Hold Harmless Agreement/ReleaseDOC # 2003-07150172 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 JUN 2639 2003 4:16 PM OFFICIAL Em SPlN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SHITH, COW REGIRDER FEES: 20.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 213-030-18-00 PROJECT NO. & NAME: CT 00-06, Bressi Ranch / El Fuerte Street HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (DWG 400-8F) and improvement plans (DWG 400-8E) for development to occur on property described as El Fuerte Street as shown on FM 00-06 a portion of attached Exhibit “A, (I)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. 1 H:/Developmeni ServicedMasIerdBonds & AgreeernntdHold Harmless Agreement Drainage Rev. 12/08/98 It is further agreed that the above owner(@ 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. 44 IN WITNESS WHEREOF, the undersigned has executed this instrument this a day of &ne ,2003 PROPERTY OWNERS Lennar Bressi Ranch Venture LLC. a California Limited Liabilitv Companv Bv: Lenner Bressi Carlsbad LLC, a California Limited Liabilitv Companv. Its Manaaina Member By: Lennar Homes of California, Inc., a California Corporation, Its Managing Member 4 (Print Name and Title) u By: (Sign Here) Date: la -ad - 02 (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@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: &ms#aat ty Attorney WJ 2 W I H:/Development ServicedMastedBonds 8 AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego ) On /$,fbZ before me, cs’/k/(//c.L L .u KH ,&zx~/Z~ e, (fiame, Tifie of Officer) (Name[s] of Signer[s]) personally appeared C&9&&Wv A d&J .&€ &,& u/@- ,‘$(personally known to me -OR - 0 (( ‘ ce) to be the persoawhose namm Maubscribed to the within instrument and acknowledged to me that heM& executed the same in hiskd@uthorized capacie and that by hi&her/@ signatur&n the instrument the persoaaor entity upon behalf of which the perse acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer(s) other than named above 3 H:/Development ServicedMasterdBonds 8 AgreeemntsMold Harmless Agreement Drainage Rev. 12/08/98 1.2/24/02 TUE 10:03 FAX 858+676+0716 7 Berryman (i Eenigar Adnin EXH IB IT 'I A" (LEQAL DESCRIPTION) PARCEL B OF THE CERTIFICATE OF COMPLIANCE WITH CbNbITIONS RECORDED FEBRUARY 11, 1999 AS DOCUMENT NO. 1999-00857s3, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL No. 1763, IN THE CITY OF CARLSBAD, COVNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO M&P THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE00 COUIWY, JULY 20, 1973, MORE PARTICUL?GSY DESCRIBED AS FOLLOWS: COMMENCING AT TRE NORTHEA3T BOUNDARY CORNER OF SAID PARCEL 1; THENCE ALONG THE EAST BOUNDARY LINE SOW 02O 37' 58" EAST 513.96 FEET TO THE TRUE POINT OF BEOINNINQ; THENCE LEAVINQ SAXD EAST LINE (1) SOUTH 82O 11' 39" WEGT, 121.15 FEET TO THE BEGINNXNQ OF A TANffENT 400 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; TXENCE ALONG T?IE ARC OF SAID CURVE (2) SOUTHWESTERLY 176.66 FEET THROUQH A CENTRAL ANGLE OF 25O 18' 15"; THENCE (3) SOWTH 56O 53' 24" WEST, 245.69 FEET TO TWE BEOTNNING OF A TANGENT 300.00 FOOT RADIUS CURVE/ CONCAVE TO THE SOUTIIEAST; THENCE ALONG TwlE ARC OF SAID CURVE (4) SOUTRWESTERLY 43.89 FEET THROUGH A CENTRAL ANGLE OF 08O 22' 59"; THENCE (5) SOUTH 48O 30' 25" WEST, 67.05 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHi THBNCE ALONG THE ARC OF SAID CURVE (6) SOUTHV?ESTERLY AND WESTERLY 147.25 FEET THROWHA CE3WU.L ANGLE OF 38O 20' 58"; THENCE (7) SOUTH 86O 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 (e) WeSTERLY 128.39 FEET THROUGH A CENTRAL ANGLE OF lEo 23' 25"; THENCE (9) NORm 75O 10' 05" WST, 113.37 FEET; THENCE (10) NORTH 80° 57' SO" WEST, 139.47 FEET; THENCE (12) NORTH 86' 47' 11'' WEST 176.05 FEET; THENCE (13) NORTH 89O 19' 35" WEST, 83.94 FEET TO 'JXE BEGINNING OF A TA"T 550.00 ' FOOT RADIUS CURVE, CONCAVE TO THE SOUTW; THENCE ALONG THE ARC OF SAID Ci.7RVE (14) WESTERLY AND SOUTHWESTERLY 368.13 FEET THROUGH A CENTRAL MGLE OF 3ge 21' 00"; 'I"CE (15) SOUTH 34O 14' 30" WEST 84.01 FEET TO THE BEGINNING OF A NON-TANGENT 712.00 FOOT RADIUS CUR=, CONCAVE TO THE NORTHEAST, A RADIAL LINE To SAID BEGINNING BEAR9 SOUTH 35O 10' 31" WEST; THENCE UNO THE ARC OF SAID CURVE. (16) NORTHWESTERLY 135.02 FEET THROU(3H A CENTRAL ANGLE OF 10' 51' 54"; THENCE (17) SOUTH 58O 31' 10" WEST 149.27 FEET: THENCE (la) SOUTH 61° 10' 01" WEST 113.01 FEET; THENCE (19) SOUTH 70° 39' 01" WEST, 55.00 FEET TO TKE BEGINNING OF A TANaENT 120.00 FbbT RADIUS CURVE, CONCAVE TO THE NORTH; T"CE ALONG THE ARC OF SAID ClfRVE (20) WESTERLY 67.81 FEET THROUGH A CJ3"RAL mQU OF 32O 22' 34"; TnENcE (21) NORTH 76O 68' 25" WEST 40.38 PEST; THENCE (22) NORTH 82" 56' 55" WEST, 147.90 FEET TO THE BEQINNING OF A TANGEN" 200.00 FOOT RADIUS CURVE, CdNCAvE TO THE NORTH] THENCE ALONG THE ARC OF SAID CrmVE (23) WESTERLY AND NORTIWESTERLY 106.40 FEET TKRduGH A CENTRAL ANGLE OF 3'Oo 28' 18"; THENCE (241 NORTX 52' 22' 70-bOS44 -23 -4- @I 003 .1?/24/02 TUE 10:04 FAX 858+675+0716 Berrman & Henlerar Admln .4 I I- v- 'm ' ' - 07" WEST 100.17 FEET TO THE BEaINNING OF A TANffENT 300.00 FOOT i RADSUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (25) NORTHWBSTERLY AND WESTEkLY 246.81 FEET THROUGH A CENTRAL ANGLE OF 47O 07' 15"; THENCE (26) SOUTH 80° 29' 38" WEST 115.55 FEET; THENCE (27) SOUTH 78O 37' 01" WEBT, 104.51 FEET; THENCE (28) SOUTH 83O 21' 31" WEST, 329.61 FEET; THENCE (29) SOUTH 84O 18' 23" WEST, 300.94 FEET To THE BEGINNING OF A TANGENT 2,200.00 FOOT RADIUS CVRVE, CONCAVE TO THE NORTH; THENCE AIJONO THE ARC OF SAID CURVE (3) WESTERLY 306.13 FEET THROUG€i A CZNTRAL ANGLE OF 07O 58' 22"' THENCE (31) NORTH 87* 43' 15'' WEST, 657.45 FEET TO THE BEGINNIN(3 OF A TANGENT 110.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (32) WESTERLY, SOUTHWESTERLY AND SOUTRERLY 174,81 FEET THROUGH, A CENTRAL ANGLE OF 91" 03' 30"; THENCE (33) SOUTH OLo 13' 25" WEST 553.39 FEET! THENCE (34) SOUTH 89O 02' 45" WEST 572.44 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE TO "HE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (351 WESTERLY, SOUTHWESTERLY THENCE (36) SOUTH 17* 41' 53" WEST 486.59 FEET TO TRE BEOINNING OF A TANGENT 1,370.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST; THENCE ALONG TWE ARC OF SAID CWRVE (37) SOUTHERLY 316.68 FEET THROUGH A CENTRAL ANGLE OF 13O 14' 39"; THENCE (38) SOUTH 04O 27' 14" WEST 130.13 FEET TO THE SOUTH LINE OF SAID LOT 1 OF PARCEL W NO. 1763, TMENCE ALONG THE SOUTH AND FAST BOUNDARY LIIW OF SAID W)T 1THE FOLLOWING COURSES (39) SOUTH: 890 17' 57" EAST 1,476.61 FEET; THENCE (401 SOUTH OOo 42' 03" WEST, 1,380.00 FEET; "CE (41) SOUTH ODo 17' 57" EAST 2,180.00 FEET; (42) SOUTH OOo 42' 03" WEST 965.00 FEET; THENCE (43) SOUTH 89O 26' 46" EST 2,458.40 FEET] THENCE (44) NORTH 020 37' 58" WEST 4,520.72 FEET TO THE TRUE POINT OF BEGINNING. AND SOUTHERLY 186.79 FEET THROUGH A CENTRAL ANGLE OF 71' 20' 52"; 70-00544-23 -5-