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Home My WebLink AboutCT 03-13; Black Rail Ridge LLC; 2005-0461260; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2005-0461 260 I llllllll ill 11111llll111111111111111111111111111111111111llll111111111 JUN 02,2005 8:39 AM O FFI ClAL HE CURDS 5AI.1 DIEGU COUNTY RECORDER’5 OFFICE GREGOR’IJ SMITH, COUNTY RECnRUEH FEE5 0 00 PkG E S 5 I 11111 1111 Ill11 Ill11 11111 IIIII ll1111111 UIII ll1111111 Ill11 lI1l11111 HI1 111 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 215-070-33 PROJECT NO. 81 NAME: CT 03-13 Black Rail Ridge HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (DWG 422-8A) for development to occur on property described attached Exhibit “A, We, Black Rail Ridge, 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:/Development ServicesfMastersiBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 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 A-3 '-4 day of Rd ,*om: PROPERTY OWNERS Black Rail Ridge, LLC, a California limited liability company By: Mayfair Homes, Inc., its managing member u (Print Name and Title) s (Print Name and Title) Date: Ylb/K (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 2 I H:/Developrnenl SeNices/Masters/Bonds & AgreeemntsIHold Harmless Agreement Drainage Rev. 12/08/98 State of California 1 1 County of San Diego 1 9 Wame, Title of Officer) (Name[s] of Signer[s]) personally appeared L* personally known to me -OR - n #) to be the person&) whose name($) is/m subscribed to the within instrument and acknowledged to me that he/sWkey executed the same in his/”-./’h-ir authorized capacity(t@, and that by his/”--/’b-;- signature(#) on the instrument the person@), or entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document MaFMt.qfcibP.(r ee-7 V Date of Document bs No. of Pages 5 Signer(s) other than named above 3 HYDevelopment Services/Masters/Bonds 8 Agreeernnts/Hold HamleSs Agreement Dramage Rev. 12/06/98 '* * CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Name@) of Signer@) evidence to be the person(# whose name($ is/- subscribed to the within instrument and acknowledged to me that he/sk&my executed the same in his/- authorized capacity(@, and that by his/Wir signature($) on the instrument the person@.), or the entity upon behalf of which the person($) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Partner - 0 Limited General Attorney-in-Fact Guardian or Conservator Signer Is Representing: 0 1999 National Notary Association. 9350 De Soto Ave., P.0 Box 2402. Chatsworth. CA 91 313-2402 * www nationalnotaryorg Pmd. No 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A' DESCRIPTION THE NORTH KALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM: PARCEL 1 CONDEMNED TO THE CITY OF CARtSBAD (POINSETTIA LANE) , IN THE FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH RECORDED SEPTEMBER 20, 1999 AS FILE NO. 1999-0641155, OFFICIAL RECORDS, SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID WINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "L.S. 5894" PER RECORD OF SURVEY MAP NO. 13348, FILES IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72O12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST, 593.94 FEET PER RECORD OF SURVEY 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVM MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MO"T STAMPED "L.S. 5894"; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72O12'46" EAST (NORTH 72°47'00" EAST PER MAP 129721, 185.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'01" A DISTANCE OF 65.57 FEET (02°41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE TBROUGII A CFNTRAL ANGLE OF 27°50'53", A DISTANCE OF 680.46 FEET; THENCE NORTH 41°40'52" EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00,FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50O47'26" A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL l'Bn OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87°31'42" EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B'l, SAID POINT BEING OCCUPIED BY A 3/4 INCH IRON PIPE MARKED "RCE 8210". THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTFXDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL l'Bll OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN THE SOUTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, AND THE WESTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. (APN : 2 15 - 070 - 3 3 ) Black Rail Ridge CT 03-1 3