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Home My WebLink AboutCT 89-37; Aviara Land Associates LP; 1991-0337923; Hold Harmless Agreement/Release1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RBCORDING RL&ESTED BY AND 2,233 !i!": #: 19914337923 WHEN RECORDED WAIL TO: 1 IO-JUL-1991 OP=16 API CITY OF CARLSBAD SClN DIN! CDU!!TY RECDRllER’S OFFICE 1200 Elm Avenue Carlsbad. California 92008 1 AHHETTE E”tlC; COIMY RECORDER RF: FEE5 : Snace above this liti for &orderls use !3.00 * 215-040-23 &l6-ill+@ & 09 RF; 5‘00 Parcel No.214-170-51 216-150-18 T-x-7- 2? I+ 1470 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 318-9A) and improvement plans (Plans No. 318-9) for development to ocour on property generally known as Aviara Phase II, CT 89-37 more particularly described in attached Exhibit llAV@, (APN 215-040-23, 216-111-08, 09, 214-170-51, and 216-150-18), We Aviara Land Associates Limited Partnership 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 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. 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 Agreements/AG-14.FRM 1 REV. 5/21/90 CT 89-37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 * 2234- 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 18th day of June , 1991 . Aviara Land Associates Limited Partnership, A Delaware Limited Partnership, as Owner d Company, A Delaware n, A General Partner APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: Deputy CityAttorney (Proper notarial acknowledgment of execution by the OWNERS(S) must be attached). AgreemenWAG-14.FRM 2 REV. 5/21/90 . * : . -. d35 STATE OF CALIFORNIA I COUNTY OF San Diego I ssm On June 18. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me me . . 1 to be the person who executed the within instrument as the Vice and Ted L. Hoover personally known to me (Xis . . p to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. lucm 65 l!q%yw NOTARY PUBLIC (Seal) STATE OF CALIFORNIA COUNTY OF San Diego I ss: I On June 18. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me m . . 7 to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me r\tis . G be the person who executed the within instrument as the Assistant of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) NOTARY PUBLIC 22-i EXHIBIT "A" LEGAL DESCRIPTION AVIARA PEASE II UQW 40,17;SV PH2IGL THOSE PORTIONS OF SECTIONS 27, 28, 33 AND 34, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ,AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 00'34'09" WEST, 230.98 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE AND ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT THE FOLLOWING: NORTH 72"47'00" EAST, 161.47 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92'30'00' A DISTANCE OF 40.36 FEET: THENCE SOUTH 14'43'00' EAST, 689.57 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72'12'00' A DISTANCE OF 1135.38 FEET; THENCE SOUTH 86"55'00' EAST, 217.41 FEET TO THE MOST NORTHERLY CORNER OF PARCEL MAP NO. 16541, FILED IN THE OFFICE OF THE COUNTY RECORDER, APRIL 15, 1991 AS FILE NO. 91-168677 OF OFFICIAL RECORDS: THENCE LEAVING SAID SOUTHWESTERLY EASEMENT LINE AND ALONG THE WESTERLY BOUNDARY OF SAID PARCEL MAP NO. 16541 THE FOLLOWING COURSES: SOUTH 47'10'50" WEST, 350.89 FEET: SOUTH 40'43'12" WEST, 605.23 FEET: SOUTH 17"45'00" EAST, 846.44 FEET: SOUTH 16'45'00' WEST, 112.44 FEET: SOUTH 12'58'00" EAST, 1804.79 FEET; SOUTH 31"51'00' EAST, 700.07 FEET: SOUTH 06'33'30' EAST, 495.49 FEET; SOUTH 14"29'30" WEST, 519.43 FEET TO A POINT IN THE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS: THENCE LEAVING SAID WESTERLY BOUNDARY OF SAID PARCEL MAP NO. 16541 AND ALONG SAID AGREED BOUNDARY THE FOLLOWING COURSES: NORTH 20"30'00" WEST, 117.43 FEET; NORTH 85°00'OO" WEST, 71.00 FEET: SOUTH 25'30'00' WEST, 223.00 FEET; SOUTH 10'45'00' EAST, 53.00 FEET: SOUTH 33"30'00' WEST, 146.00 FEET; SOUTH 55'30'00' WEST, 52.00 FEET; SOUTH 77'30'00' WEST, 358.00 FEET; SOUTH 55"lO'OO' WEST, 167.00 FEET: SOUTH 75"58'00" WEST, 42.00 FEET; NORTH 83"56'00' WEST, 117.00 FEET: NORTH 73'50'00' WEST, 99.00 FEET; NORTH 79'50'00' WEST, 147.00 FEET; NORTH 74"lO'OO" WEST, 190.00 FEET; NORTH 68'56'02" WEST, 346.00 FEET; NORTH 73'16'26" WEST, 174.03 FEET: NORTH 84',00'00" WEST, 124.00 FEET; SOUTH 78"OO'OO' WEST, 447.00 FEET: NORTH 83'00'00' WEST, 123.73 FEET; NORTH , , , ., : a l L 2?“7 LEG~i!H~i%~Rii&ON AVIARA PEABE II ww 40,17;SV PH2LGL 32'17'46" WEST, 561.76 FEET; AND NORTH 69'15'09" WEST, 228.25 FEET, (N.69"$5'21"W. 228,23 FEET PER SAID DEED) TO A POINT ON THE WESTERLY LINE OF THE EAST -HALF'OF THE NORTHEAST QUARTER OF SAID SECTION 33 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER OCTOBER 30, 1986, AS FILE NO. 86-494180 OF OFFICIAL RECORDS: THENCE ALONG SAID WESTERLY LINE NORTH 00'43'34' WEST, 788.20 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF, OF THE NORTHEAST QUARTER OF SAID SECTION 33, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 00'31'09" EAST, 1357.67 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF CITY OF CARLSBAD TRACT 73-39, (SPINNAKER HILL UNIT NO. 3), ACCORDING TO THE MAP THEREOF NO. 8453 FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 29, 1976; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY THEREOF THE FOLLOWING COURSES: SOUTH 89"08'21" EAST, 1358.22 FEET; NORTH 23'17'49" EAST, 157.02 FEET: SOUTH 83"48'32" EAST, 182.90 FEET; NORTH 63'48'24" EAST, 118.59 FEET: NORTH 46"13'59' EAST, 66.87 FEET; NORTH 21'18'51' EAST, 78.99 FEET; NORTH 14"41'04" WEST, 271.89 FEET; NORTH 26'24'56" WEST, 112.98 FEET; NORTH 44'10'38" WEST, 189.09 FEET: NORTH 36'53'26' WEST, 81.01 FEET: NORTH 17'21'54" WEST, 96.54 FEET; NORTH 07"59'33' WEST, 108.38 FEET: NORTH 03"53'04' EAST 180.75 FEET; NORTH 35"32'01" WEST, 142.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE LEAVING THE BOUNDARY OF SAID MAP NO. 8453 AND ALONG THE EASTERLY LINE OF SAID SECTION 28 NORTH 00'34'09" EAST, 2485.34 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT IN JUNE 1991. DALE A. DAVIS L.S. 5894 LICENSE EXPIRATION DATE: 12/31/92 -2-