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Home My WebLink AboutCT 01-16; Casa Laguna Group Investors LLC; 2003-0093533; Hold Harmless Agreement/ReleaseDOC # 2003-0093533 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JAN 27. 2003 4-51 PM W DIEGO CWNTY REMA’S OFFICE OFFICI& RECORDS GRrmRY J. SMITH, GOMY RECORDER FEES: 0.00 I SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 155-223-08-00, 155-223-09-00 PROJECT NO. & NAME: CT 01-16 Casa Laguna HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City‘s approval of a drainage plan (DWG No. 404-4A) and improvement plans (DWG No.404-4) for development to occur on property described as attached Exhibit “A”, (I)We, Casa Laguna Group Investors 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 HiDevelopmnt Serv~ceelMaslerSiBOnd5 8 AgieeemnWHOld Harrlers Agreement Dlillnage Rev. 1208198 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 23d day of PROPERTY OWNERS Casa Laauna Group Investors LLC. a California Limited Liability Company Inc.. its Manaaina Member \\ (Sign Here) H. David Buckmaster, President, Merit Group, Inc. (Print Name and Title) Date: IO/ZS/OL (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: State of California County of San Diego On 19$:/02 beforeme, T$-k!. b!/nmd personally appeared H. mud &ccL/rlasfer &d &am,, Title of Officer) (Narne[s] of Signer[s]) (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer@) other than named above Order No. 02-1 030272 - A EXHIBIT "ONE" Parcel 1: That portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the intersection of the East line of as Lot 1 with the North line of Laguna Drive, as shown on Map No. 1722 of Seaside Lands, filed in the Office of the County Recorder of San Diego County, July 28, 1921; thence North 89O50'. West, along said North line of Laguna Drive, 495.0 feet to a point on the West line of land conveyed to Alexander Beller by Deed dated March 30, 191 6 and recorded in Book 708, Page 70 of Deeds, said point being the True Point of Beginning: thence continuing North 89O50 West fo Willis James Carpenter by Deed dated January 7, 1952, and recorded in Book 4345, along said North line of Laguna Drive, 169.0 feet to the Southeast corner of land conveyed to a point on the Southerly boundary of Buena Vista Gardens as shown on the Map thereof Page 547 of Official Records; North 0°05' East along the East line of said land, 256.0 feet No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948; thence South 89O50 East along said Southerly boundary 169.0 feet to the aforementioned West line of land conveyed to Beller; thence South OOO5' West along said West line 256.0 feet to the True Point of Beginning. Excepting therefrom the West 25 feet thereof. Assessors Parcel No. 155-223-08 Parcel 2: That portion of Lot 1 of Section 1, Township 12 South, Range 5 West, San Bernardino Official Plat thereof, described as follows: Meridian, in the City of Carlsbad, County of San Diego, State of California, according to line of Front Street as shown on Seaside Lands, according to Map thereof No. 1722, filed Commencing at the intersection of the Northerly line of Laguna Drive, with the Westerly in the Office of the County Recorder of San Diego County, June 28, 1921; thence along the Northerly line of said Laguna Drive, North 89"50'00" West, 495.00 feet to the Southeasterly center line of land described in Deed to Allen W. Lange, et ux, recorded May 16, 1952 as File No. 6031 3, in Book 4469, Page 356 of Official Records; thence continuing along said Northerly line, North 89°50'00" West, 144.00feet to the Southeast corner of the Westerly 25.00 feet of said Lange's Land and being the True Point of Beginning; thence continuing along said Northerly line, North 89°50'00" West 65.00 feet to the Southwesterly corner of land described in Deed to Allen W. Lange, et ux, recorded September 17, 1953 as File No. 126693 in Book 4987, Page 31 6, Office of the County above referred to, North 00°05'00" East 256.00 feet to the Southerly boundary of Buena Recorder of San Diego County; thence along the Westerly line of said Lange's Land last Vista Gardens, according to Map thereof No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948; thence along said Southerly boundary South 89°50'00" East 65.00 feet to the Northeast corner of the .Westerly 25.00 feet of said Lange's Land first hereinabove referred to; thence along the Easterly line of said Westerly 25.00 feet, South 00°05'00",West, 256.00feet to the True Point of Beginning. Assessors Parcel No. 155-223-09 2