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Home My WebLink AboutCT 90-03; Continental Residential Inc; 2000-0674614; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOE it 2000-0674614 DEC 12% 2000 II:41 AM rnICICY REam yNJJI-& lag REE2oF&E FiEs: ’ lb.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 264-m 0-42-00 PROJECT NO. & NAME: CT 90-03 SHELLEY PROPERTY, UNIT 2 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. 380-IF) and improvement plans (Plan No. 380-I E) for development to occur on property described as (see EXHIBIT “A”), We, Continental Residential, 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 da’mage 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 Masters!Fons/Hold Harmless Agt Drainage $; f 1 ‘:., Rev. 12m8/99 3675 - 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 27 day of obbkc, ,2om. PROPERTY OWNERS Continental Residential, Inc., a California corporation By: u H. & (Sign Here) hIID A. bTkfe#L. vtaz PP&~ (Print Name and Title) ’ Date: 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: RCNALD R. BALL ~ Crty Attolpey 1 MastersJForms/Hold Harmless Agt Drainage Rev. 12/08/98 State of California County of San Diego C 3676 Ono&! _2?, 2000 before me, (Date) ALbfL (Name, Title of Offrc personally appeared mu/a A. l&w (Name[s] of Signer[s]) Lw rq &h-k5 t 0 personally known to me -9f++ evi&ncej to be the person(s) whose name(s) j&ire subscribed to the within instrument and acknowledged to me that -h&he/they executed the same in-heir authorized capacit@ies), and that by M#tet4their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal 96 Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 1 Masters/Forms/Hold Harmless Agt Drainage 3 Rev. 12/08/98 , t-_ - i L 3677 --- L Legal Description: Exhibit “A” BEING A PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, OH FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A WINT ON THE WESTERLY LINE OF THE EAST HALF OF SAID LOT 14, SAID POINT BEING THE EASTERLY TERMINUS OF THAT CERTAIN CENTERLINE DESCRIPTION RECORDED IN SAID COUNTY RECORDER'S OFFICE ON MARCH 12, 1996 AS DOCUMENT NO. 1996-0119577 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE 1. NORTH 87°11'16u WEST 60.17 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE 2. WESTERLY 168.67 FEET THROUGH A CENTRAL ANGLE OF 9O39'51"; THENCE 3. NORTH 77-31'25" WEST 171.45 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE 4. WESTERLY, AND SOUTHWESTERLY 75B.44 FEET THROUGH A CENTRAt ANGLE OF 66°51'16" TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE CENTERLINE OF THE STREET EASEMENT RECORDED IN SAID COUNTY RECORDER'S OFFICE AS DOCUMENT NO. 1993-0108952 OF OFFICIAL RECORDS, DESCRIBED THEREON AS LINE BEARING NORTH 3S037'30"EAST 445.51 FEET; THENCE ALONG SAID CENTERLINE 5. SOUTH 35"37'19" WEST 324.29 FEET; THENCE LEAVING SAID LINE 6. NORTH 54O22'41" WEST 30.00 FEET; THENCE 7. NORTH 22“31'30" WEST 207.25 FEET TO THE BEGINNING OF A NON-TANGENT 70.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 22°31'30" EAST; THENCE ALONG THE ARC OF SAID CURVE 8. WESTERLY, NORTHWESTERLY AND NORTHERLY 121.74 FEET THROUGH A CENTRAL ANGLE OF 99O38'35" TO THE BEGINNiNG OF A 50.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 77°07'05y EAST; THENCE ALONG THE ARC OF SAID CURVE 9. NORTHERLY AND NORTHWESTERLY 20.56 FEET THROUGH A CENTRAL ANGLE OF 23O33'23"; THENCE 10. NORTH 36O26'18" WEST 82.04 FEET; THENCE 11. NORTH 53“33'42" EAST 60.00 FEET; THENCE lZ.NORTH 53"29'29" EAST 78.53 FEET; TNENCE 13. NORTH 37OO6'07" EAST 45.90 FEET; THENCE 14. NORTH 35O37'42" EAST 153.50 FEET; THENCE 15..NORTH 47°14'09" EAST 192.83 FEET; THENCE 16. NORTH 58O34'06" EAST 194.05 FEET; THENCE 17. NORTH 70“19'11* EAST 212.23 FEET; THENCE 18. NORTH 83O47'53" EAST 219.13 FEET; THENCE 19. SOUTH 83'38‘12" EAST 291.89 FEET; THENCE 20. NORTH 00*14'37" EAST 105.45 FEET; THENCE 21. SOUTH 61°56'03" EAST 162.89 FEET TO SAID WESTERLY LINE OF THE EAST HALF OF SAID LOT 14; THENCE ALONG SAID LINE 22. SOUTH 02041'19" EAST 365.52 FEET TO THE POINT OF BEGINNING.