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Home My WebLink AboutCT 05-06; Franz-Yut El Camino Real LLC; 2006-0557340; Hold Harmless Agreement/Release2006-0557340 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 5160 AUG07, 2006 12:34 PM OFFICIAL RECORDS SAN DIERO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 19.00 PAGES: 5 ligi Hill ••111 mmttt •••«• ^«« — — —— — 2006-0557340 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-020-26-00 PROJECT NO. & NAME: CT 05 - 06 Cassia Professional Offices HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 438-3A) for development to occur on property described as (Exhibit A), according to Map thereof No. APN 215-020-26-00, I/We, Franz - Yut El Camino Real, LLC, a Calfornia 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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - RiddleXBonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE FORM DWG 438-3A 4-19-06.doc Rev. 12/08/98 5161 occurring during the construction work or improvements as specified in this agreement. 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 g?M^ day of $\ .QfeA \ 20C(c .^"' PROPERTY OWNERS Franz - Yut El Camino Real. LLC. a California limited company By: (Print Name and Title)£y: fyfriee- *J. °'t*i,, Date: (j (J(Sign Here) <7 (Print Name and Title) fy' Lun> Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: v Deputy City Attorney 2 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - Riddle\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE FORM DWG 438-3A 4-19-06.doc Rev. 12/08/98 5162 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT > State of California Countvof (V>/9/vy &l£ftO 1V ss. ±* **• I f J On flpA^f Jlj. .AOO/s before me. LuPf. UHfooA. Aiofou/ Tui/i'd- . f * ' date / i Apersonally appeared /, U fJ/J n . , _grTfc UMOMEGA J£^!Za Commmtoni> 156*203 ffiftuBB Notary PuMc-CoWomta ' \S^$} San Dw^jo County1 ^•^MyComm.B«pl»iMay$,2009 / Name and THIe of Officer (e'g , -Jane Doe, Notary Public') Jut Name(s)ofSigner(s) D personally known to me J2I proved to me on the basis of satisfactory evidence to be the person^ whose namefc^ is/are- i acknowledged to me that.be/she/toey-executed . the same in -hts/her/4h«tr authorized | capacity(ies£ and that by •Ms/her/tbeiF- | signature^ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. ^A . /A fa** " " ' ""SgnatunfotNotaiy Public / Though the information below /s no( required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fj&ld pfolirt /JJ<& A$rfJL*i£rii' £>ftL*/tiL&f^ Document Date: 4~/<£^~lO(e Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Off icer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Sioner Is Representina: " i/ ff Number of Pages: T" iiijmggjjjgjiiijj Top of thumb here \ 1 e 1999 National Notary Association • 9350 De Solo Aue. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5163 State of California County of ^9/?A/ £)/2/<? Iss. 7 x\ i . On fipAiJ £4. JOA& before me. LtiPL |J*/&W, A/0/fe'W/ Pa^h'^ I Date personally appeared lftjft.(flJ^ fJ. IjLfldn CnmmlMtoniMadMCB IfSjHD Nok*y'lUMc-CaMomta JNS^K^ «anD*OoCourty JJ/^^ MtrComm.fi(plNMMay«,2009 ' Name and Title of OlMfer (e.g., -Jane Doe, Notary P/btic") ft'ty Mme(s) of Signer(s) D personally known to me JZT proved to me on the basis of satisfactory evidence to be the person^) whose namej$ is/am- 1 subscribed to the within instrument and the same in his/hor/thoif authorized capacity(i»«y, and that by his/hentrretr signaturej^f on the instrument the person(«£ or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. M^/>^ /O^^/J^--/ / SignaturMTFiotary'f'ublic (J 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. Description of Attached Document Title or Type of Document: fyld tftfAMljAA. fftrtSJWf.tL/' v&&2/ ' /TJLti '<£- Document Date: ^-/^^-/flfc Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s1: D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: {/ J , Number of Pages: f •HSS ® 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • viww.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 EXHffilTA CT 05-06 5164CASSIA PROFESSIONAL OFFICES LEGAL DESCRIPTION Real property in the city of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1188, RECORDED: DECEMBER 20, 1972, AS INSTRUMENT NO. 340334 OF OFFICIAL RECORDS, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 9, 1998, AS INSTRUMENT NO. 98-201271 OF OFFICIAL RECORDS, BEING A PORTION OF FRANCTIONAL SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, BEING WITHIN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL 2; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2, NORTH 0°33'08" EAST, 685.23 FEET (RECORD: NORTH 0033'17" EAST, PM 1188), TO AN INTERSECTION WITH A LINE BEING 45,00 FEET EASTERLY AND PARALLEL TO THE CENTERLINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY NO. 1800-1; THENCE SOUTHERLY ALONG SAID SIDELINE SOUTH 37°03'37" WEST, 171.99 FEET. TO THE BEGINNING OF TANGENT 1455.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGEL OF 23°52'51", A DISTANCE OF 606.44 FEET, TO AN INTERSECTION WITH THE SOUTHERLY KINE OF SAID PARCEL 2; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, SOUTH 89°32'21" EAST, 352.64 FEET, (RECORD: SOUTH 89°32'01" EAST, PM 1188), TO THE SOUTHEAST CORNER OF SAID PARCEL 2, ALSO BEING THE POINT OF BEGINNING.