The URL can be used to link to this page

Home My WebLink AboutCT 89-19; Odmark & Thelan; 1991-0491974; Hold Harmless Agreement/Release. 7 . ; RECORDING REMJESTED BY AND ~~~~-~4~i~~4 . WHEN RECORDED MAIL TO: Qg3 Jyj=jc 1 '&-g;ELpjy?l Q2:54 $3 i CITY OF CARLSBAD pi;yrIfiL AEp$$j$ .-, I 2.i I. 1200 Elm Avenue 1 ';Jg Q&lj !,uiih; i in P.?~iEq! g,E[~l$$jp; $FFfCE Carlsbad, California 92008 r:iir-TT' r;j";j:q " fpii$jTi: REra$[!Efi Hki<i I ic i!.F!<,: :+jJili r r-J F Space above this lir#:for R&$&d&& use i:. I 214-17(-j-17(&:21, 2’$,oc: Parcel No. 216-150-0~~05. l&31> HOLD HARMLESS AGREEMENT DRAINAGE In consideration of ehe'Cfty"s approval of a grading plan (Plan No. 320-4A) and/or improvement plans (Plans No. 320-4) for development to occur on property described as (see attached Exhibit A) (APN 214-170-17, 21, 22 and 216-150-03, 05, 16), We Odmark and Thelan and the Davidson Companies the owners of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or 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 drainagca, or the concentration of surface waters or drainage frost 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 I 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 I responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owners will maintain all AgreementdAG1 4.FRM -l- REV. s/21/90 % . 3 . 1 . , . L t drainage sys ,Lrns 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 Jpd day of % , 19 91 . Odmark 61 Thelan and the Davidson Companies Partnership A California General Partnership By: Odmark & Thelan/BEltiquftos Lt& a California Limited Partnership General Partner By: John D. Thelan. ?%??s'wr (print name here) By: (sign here) (print name here) By; Davidson Coscan Partners By: The Davidson Company, A California Corporation General Partner z George W. Walker, Vice President . . . APPROVED AS TO FORM: fz++;L yy Itid VItiENT F. BIONDOTJR. City Attorney b c I c Stephen H. Dawe, C.F.O. (print name here) (Proper notarial acknowledgment of execution by the OWNERS(S) must be attached). AgreemenWAG-14.FRM -2- REV. 5/21/50 . c 695 STATE OF CALIFORNIA ) . 1 ss. 'COUNTY OF SAW DIEGO ) On $!&-&~~/gp/ before me, the undersigned, for said qatd, p&rsonally appeared JOHN D. a Notary Public in and THELAN personally known to me to be the person who executed the within instrument as the President of ONTARIOVILLE HOLDING COMPANY, the corporation that executed the within instrument on behalf of ODMARX & THELAN, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF ODMARX & THELAN/BATIQUITOS LTD., AND acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. r WITNESS my hand and official seal. '- . Signature ’ ~Camt.Exvtma~n.2~.i~~2 K ‘ sTa!l!BOF~) ) ss. COUWTYOFSZJWDIEGO) on q-tc.&a67, 1491 ,beforeme,C2mIYL.SAMuELS aNotary Publi&i.&and'for said State, personally appeared George W. Walker 11, Vice President Forward Pl arming and Stephen H. Dawe, Chief Financial Officer of The Davidson Company, the corporation that executed the wi+hin instrumen t and knowntometo be the persons who executedthewithininstrmnen t on behalf of said corporation, said corporation being lmown to me to be one of the p arulers of Davidson Coscan Partners, the partnershipthat executedthewithin instrument, and acknowledged to me that such corporation executed the same as such partner and that such p artnership executed the Sm. WITNESS my hand and official seal. Signature LLf-+dfu Cathy L. Samuel8 . r 1 - 696 EXHIBIT A _ ..--. - : ! j i LEGAL DESbRIPTXON THE: MND REFER&D TO HEREIN IS SITbATED TN THE STATE 6F C&J.JF&iPIA,. COLJfiW OF SAN DIEG0, AND IS DESCRIBED AS FOLLOWS: PA&X, A: i: i THAh J'ORTION OF- LOTS 11 AND 12 IN SECTION 33, TONNSHIP '22 SOUTH, RANhE' 4 WEST, !a4 B~~INO MERIDIAN COUfiTY OF SAN @EGO, IN THE CITY t OR GA~~,SI$AO~ STATE OF ~ALI~ORN& ACCORDING Td THE OF'f'ZCXA.+ Pw\e THEREOF DESfXBED AS FOLLOWS: : COT&;NCTNG NORh-WAST *CORNER' OF THE NORTHEAST QUARTER OF THE 53; THENCE ALONG THE. WE&i’ LINE 0a SAIt QUARTER-QU OF ;SlZXVEY NO. TER SECTION SOUTH dO45'06" EAST, 787.61 FEET (RECO&i,. NORTti:.‘rlE;ST CORNE SOUTH 1'20:'42" EAST, 788.13 'FEET) TO THE OF SAID LOT 11 AND THE TRUE POINT OF B~GTNN~NGj THENCE LEAVING WEST LINE ALO@ THE NORTHEASTERLY BOUNDARY' OF- SAI(Ii’ MT 11, THE, FOLLOWING COURSES SOUTH 69OO5'16" EAST, 228.10 &ET (RE$OPD OF 6296 = SOUTH' 69O48'44" EAST, 228.23 FE$T) AND. sou$?i 32011'15" 235.26 FEET Td THE NORTHEASTERLY CORNER OF LAND DESCRJBEO 1N DEED TO THE STATE OF AS i FILE NO. 74-292074 ALIFORNTA RECORDED ~ur,y 13. ig7# SOU@Cr\~Y OF SAIDl LOT 11 THENCE CEAVINb 'TtiE LINE OF SA'ID sT7kI.e WD NOR?H 89"10'56" I WEST (DEED = NOR'j3-I 89">2'13" WEST) il19.72 'FBBT;' THENCE LEAVTNG SAID STATE LAND NORTH 37*31~25~* WEST, 1'49.14 FEET m THR; BEGINNING OF A TANGENT 4501.00 FOOT RADIUS bURV& CONCAVlt SOUT-IWESTERLY; L : - . _ .. _. . ‘. -. ;.+-+.g+..’ ., - i; ., - . ,- _ . . . ‘. - -_ : - ; ‘, ..,. 7,,.‘-L,*~h~:.CIi,~.;~~~. . . 697 ._- ’ . PAFpxr_. B: I I LOlr' i IN i MERjBZW, IN T 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN '~BRN&BDINO CITY OF CARLSBAD!, COUNTY OF SAN DI;EGO;,sI+T~ by CM;TFGRNXA, ACCOPING TO OFFICIAL PPT THEREOF. AL& THAT OF iSS$c'rION 28, oF THE SOUTHWEST! QUARTER OF THE SOUTHEAST QUART& MERkAN, IN TH 12 SOUTM, RANGE 4 WEST, SAN BHBNBRBINO CALkFOPNIA, CITY OF CARLSBAD', COUNTY OF SAN DfEGO, STATE @F FOI,T.J~~+S : ACC+RDING TO THE bFF?CIAL PLAT THEREOF DESCftIBBD AS I BEGiNNING AT THE SOUTHEASTERLY CO&R OF SAID SOWHWE~T QUARTER Ok THE' SOUTHEAST QUARTER OF SECTION 2!8; THENCE ALONG THE EAST I,~NB Oi- SATb SOUTIIWEST QUARTER OF THE SoUTHEAST QUARTER NORTH d012’25” WEST; SOUTH 89047'3S6 FEET; WEST, 334.09 FEET;’ THENCE NcjRm THE&E SOUTH 89*47'35"'WES$ 475.Z6 TO THE EASTERLY LINE OF THAT LAND: DE&?JRGti iN DEF& Tb A.H. RECORDED JANVARYi31, 1890 IN BOOR 157, P&GE 493 6ri DEEbS; THENCE &NG THE EASTERLY 'LINE OF SAID VAIL'S LAND SOUTH 23*47’15” EAST \RECORD MGNETIC BEARING SOUTH 38*20': EAST) '14G.86 FEE$ TO AN ANGLE POINT; THENCE ‘ALONG SAID EASTERLY LINE SOUTM 17O?2'15" EAST, 1 477.94 FEET (RECORD SOUTH 31°S5'OO": EZAS-T, 483.69 FEET) AND THENCE SOUTH 18*25'45" !WEST, 322.56 FEET (RECcRD SdtJ'l'li 03*i6’00” WEST, ?26.50 FEET) TO THEL SOUTHERLY LINE OF SAID SOUTHWEST QUA@%ER OF THE SOUTHEAST QUARTER; souyH 89*54'14" 'I EAST, THENCE ALONG SAID SOUTHERNLY CHINE 855.00 FEET; MORE OR LESS, TO THE POKNT dP BEG~h'NXNG. i EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFOENIA SCAN% HIGkXAY D~PAR’.I’M~NT FOR FREEWAY AN DES&RJS'ED BELOW IAS PARCEL 1 AND P SERVICE-ROAD PURPGSES, LRGA'LLY CEL 2A, RESPECTIVELY, AND ‘&Al! POR$IGN OF SAID T 1 THAT LIES WESTERLY OF SAID PARCEL 1. 1 PAR&x 1: i .; ‘., _ ._ . . ..I :..;r. ;., .: __ 1.. :- ,.: . ..&.+:::::;;$i’ . . .,: . ’ 4 698 - r’n@M A POINT; BEING AT COORDINATES 'X=3,677,302,83 FEET; Y=338,287.i5 FEET :AMD THENCE ALONG’ T;AST SAXD LINE N(jRTH '3lq0'45" WEST, 381.54 FEbT TO LmT SAID POkNT; THENCE NORTH 18~04'loJ~ W&, 45jj.06 FEET; TH&NCE NORTH 25°07'll'i WEST, 43.40 FEET TO THE WfiST&T.,Y LIE(E OF SAID Lot 1; THENCE ALONG SAID LOT LINE NORTH 8'54'54" W$ST, 724.72 FEET TO TE POINT OF BEGINNING. i AT :COORDINATES ALO\IG SAID EAST LINE TANGENT CURVE CbNCAVE TO THRbUGH AN ANGLk OF TAN@;RN!T TO LAST: SAID CURVE POINT ~ZSTANT 3o;oo FEET AT RIGHT A RADIUS OF 10,000 FEET- OF 373.92 FEET; TH$NCB EAST, 3088.43 FEET TO 4 FROM THE SOUTH LINE OF LdT 1 OF ;SECTION 33 'OF SAID TOWNSHIP SOUTHt RANGE 4 W@ST; TtiitNClt. PA.l?&ktEL TO SAID LOT LINE NORTH 49°05'40" WEST, 100.00 FEg$ TO i POINT, LAST SAlb POINT BEING DISTANT FOR REFERENCE SOUTH 60°00i25" EAS'r, Id I, 156.S8 FE&! FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF '$AID LAST SAiD ANGLE POINT BEING THE WESTERLY TEQhl1NC.B OF 'THAT COrrci,$E SHOWH AS; “NORTH 69*58'02" 454.38 FEET" QN RECORD' O#- SURVEY MAP NO. 1676, FILED NOVEMB REC~M-JFR OF S&N P IEGO COUNTY, 1947 IN THE OFFICE OP 'THE PARCEL C: I ! ALL&AT PORTION’OF THE SOUTHWEST-&TER OF THE SOUTHEAsT QUAR+d Xi SECTION 28t TOWNSHIP 12 SOUTH, RANG& 4 WEST, SAN BERNARrjINO MFPXDZAN,' IN 374~ cm4 OF (CARL~~AD, COUNTY 0p SAN DIEGO, STATE OF CALIF~FMA/ ACCC~DING TO OFF$CIAL PLAT THEREOF, $YING NORTHERLY AND ~0R*w~:h6-1'&~ i SOUTHEASTERLY CORbR OF SAID SOUTHWEbT QUAR&.O;~ OF SECTION THENCE ALONG THE EAST" tZNB..OF' NORTH 0412t25." W&T - OF mm HEREIN D.mmbgfi. 334.09 FEET; $'HENCEZ ' N&lTHZ 89047'3s" :WESK- $@.!k!d LAND; DESCRTRED' Xd- i i .~ ,. 699 - . THE' SOiJTHEAST QtJARTER SAID POINT OF BFGlN$irNG BEIk AT COOFlD$NATES AND Y=342,771.44 FEET; THEbCE ALONG SAID EAST A.&O@ A TANGENT'CURVE CONCAVE TO WEST, 743.06 FEE'Pj THEN6E E WEST HAVING A RADfU% SF 1,000 FE@ &ROUGH AN G GLE OF 21*25'27",'A DISTANCE OF 373.92 FEW;'TH$NCE TANz;;ENT TO LAST!SAID CURVE SOUTH 4OO56'57" EAST, 3088.43 FEET !O A FO#T, DISTANT 1 QF SECTION 3 FEET AT RIGHT PNGLES FROM THE SOUTR LTNli OF WT OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; Ttfi$N~@ PM3hSXX3T, TO LQT LINE NORTH dQ"05'40" WEST, 100.00 FF,;T Ta 'A : LAST SAIb POINT BEING DJSTANT FOR REFERENCE SOUTH 8W3'25" 156.59 FEZT FROM AN ANGLE PO$NT 'IN THE SOUTHERLY LINB C#’ QAID MAST SAID! ANGLE POINT BEING 'WESTERLY TERMINUS OF THAT bOqRS& SHO~IN As I~NORTH !69058~02f* WEST, 454'.38 FEET" ON RECORD OF SURVEY MA? Nd.' 1676, FILED :NOVEMBER 26, 1947 kN THE OFFICE OF THE RECOROE~ Op' SAN’ DX jk0 COUNl!Y I REC$WED AUGUST 8, I i As mmmE~ TO THE STATE OF CALIFOTUJI~ BY DEED 1961 AS FILE NO.;136233 OF OFFICIAL RECORDS.' :