HomeMy WebLinkAboutCT 01-17; Newport Hills Inc; 2003-0063445; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOE # 2003-0063445
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-042-27-00
PROJECT NO. & NAME: CT 01-17
Tamarack Five
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG No. 403-8A) and
improvement plans (DWG No. 403-8) for development to occur on property described as
attached Exhibit "A, (I)We, Newport Hills, Inc., a California 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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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 \sth
day of ~GXWEe ,2002 .
PROPERTY OWNERS
James C. Manning, President
(Print Name and Title)
Date: \O 48-02
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
By:
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State of California )
) County of San Diego )
personally appeared -3..M€s e. b&t4 N'I"
(Name[s] of Signer[s])
lFpersonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the personw whose namew
is/- subscribed to the within instrument and acknowledged to me that he/sh&boy
executed the same in his/k#teir authorized capacity(*), and that by his/h#teir
signature@) on the instrument the person@), or entity upon behalf of which the persow
acted, executed the instrument.
(This area for
official notary seal)
Title or Type of Document HOLD HARwJES "- mw
Date of No. of Pages
Document IO -10-02 L
I Signer(s) other than named above NON E; /I
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REF- TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED As FOLLOWS:-
' ..
THAT PORTION OF TRACT 232 OF LANDS IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFOJWIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915,
DESCRIBED AS FOLLOWS:
COMh4ENCING AT A POINT 0F.INTERSECT'ION OF THE CENTER LINE OF TAMARACK
'AVENUE AND JEFFERSON STREMT; THENCE ALONG THE CENTER LINE OF TAMARACK
'AVENUE SOUTH 61'21 ' WEST 424.6 FEET TO THE TRUE POINT'OF BEGINNING; THENCE CONTINUING UONG SAID CENTER LINE SOUTH 61O21' WEST 175.90 FEET; THENCE
SOUTH 28O39' EAST 381.5 FEET TO THE N0RTHWES"EJX.Y. LINE OF A PARCEL OF LAND
CONVEYED TO ALEX LABETA AND MANUELA Ih3ETA BY THE SOUTH COAST LAND
COMPANY BY DEED DATED MAY 3,1924; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 8 1'21' EAST 175.45 FEET TO THE NORTHEASTERLY CORNER OF' SAID LABETA'S
LAND; THENCE NORTH 28O39' WEST 90.00 FEET, '€HENCE NORTH 6191' EAST 0.45 FEET
TO A LINE WHICH BEARS SOUTH 28'39' EAST FROM THE TRUE POINT OF BEGINNING; '€HENCE NORTH 28O39' WEST 29 1.5 FEET TO THE TRUE POINT OF BEGINNING.