HomeMy WebLinkAboutCT 00-06; Real Estate Collateral Management Company; 2003-0969990; Hold Harmless Agreement/ReleaseOFFICIAL WCMS SAN DIEGO CDUNTY RECORER'S OFFICE EREGNY 3. SMITH, COUNTY BCNDEI;'
FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. : 213-030-1 1 -00
PROJECT NO. & NAME: CT 00-06
Bress i Ranch -Aka n te Off s i te
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 400-81) and
improvement plans (DWG 400-8J) for development to occur on property described as attached
Exhibit "A", (I)We, Real Estate Collateral Management Company, a Delaware Corporation, 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.
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H:/Development Services/MastersfBonds & AgreeemntsfHold Harmless Agreement Drainage Rev. 12/08/96
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 7f3
day of /$$7c,*f ,200 .
PROPERTY OWNERS
Real Estate Collateral Manaaement CorDoration. a
By:
(Sign Here)
David A. Watts, Vice-president
(Print Name and Title)
Date: yhk
By:
(Sign Here)
(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
ity Attorney r
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H:/Development Services/Masters/Bonds 8 AgreeenntsJHold Harmless Agreement Drainage Rev. 12/08/98
On &,#-/ %26Ldj before me, D,bna c. A%&~cNB. &A ,/&&.r
personally appeared & P, C/
,
(Date) (Name, Title of Officer) -.
(Name[s] of Signer[s])
personally known to me -OR - 0
(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
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL A
PARCEL 3 OF PARCEL MAP NO. 11 88, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL
RECORDS.
TOGETHER WITH THAT PORTION DESCRIBED AS PARCEL “A” IN DEED TO
LA COSTA LAND COMPANY, FILED IN THE OFFICE OF THE COUNTY
245058 OF OFFICIAL RECORDS, SAID LAND BEING THAT PORTION
DELINEATED AND DESIGNATED AS “NOT A PART OF THIS MAP” ON SAID
PARCEL MAP NO. 1188.
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 7, 1973 AS FILE NO. 73-
EXCEPTING THEREFROM THAT PORTION OF ALGA ROAD AS DESCRIBED IN
DEED TO THE CITY OF CARLSBAD RECORDED DECEMBER 9, 1983 AS FILE
NO. 83-449259 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM PARCEL A OF PARCEL MAP NO. 13427, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AUGUST 16,1984 AS FILE NO. 84-031333 OF OFFICIAL RECORDS.
AFFECTS PARCEL NOS. 213-030-1 1, 215-021-07, 215-030-06, 215-030-14, 215-031-
08,215-052-15 AND 215-061-01,09.