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Home My WebLink AboutCT 90-03; Continental Residential Inc; 2000-0674617; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 3691 DDC : 2000-0674617 DEC 12, 2000 11:41 fwI mICI& RElnDs SAN DIEGO MUNTY RECMDER’S OFFICE GkfGORY J. S#ITH, CWNTY RECU@ER FEES: 28.00 llwlllllwliinniiniiniinn~ini~~ini~nin~iillwi 2000-0074617 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: x4-01 9-42-09 PROJECT NO. & NAME: CT 90-03 SHELLEY PROPERTY, UNIT 3 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. 380-IG) and improvement plans (Plan No. 380-IH) 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 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. Masters/Forms/Hold Harmless Agt Drainage 1 Rev. 12/08/98 . . L 3692 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 26 S. day of e ,zom. PROPERTY OWNERS Continental Residential, Inc.. a California corporation By: u ,‘& & (Sign Here) PAWP A* Lo-r+&% , Vlac pplw. (Print Name and Title) ’ Date: I 0bt %)“- Lm I r By: 64~s. \ILc& ?W (Print Name 6nd Title) Date: \O /*b/ cs13 (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: I Masters/FomslHold Harmless Agt Drainage Rev. 12/0#98 3693 State of California County of San Diego 1 Iv, Pf/ On& &&oo~ before me, &I$$ /t?&L &&&?q ! flotmgud//L (Date) (Name, Title df Officer) personally appeared I %)al/s] of Signer[s]) c personally known to me -@I+- (~UYUUO me on t-is of-) to be the person(s) whose name(s) ,i&re subscribed to the within instrument and acknowledged to me that&&he/they executed the same in +isfber/their authorized capacit 0 ies) and that by hi&&their 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 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above Legal Description: 3694 Exhibit “A” BEING A PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS ACCORDING TCI MAP THEREOF NO. 8413, ON 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 POINT ON THE WESTERLY LINB 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 9*39'51"; 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 758.44 FEET THROUGH A CENTRAL ANGLE OF 66O51'16" 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 35°37'30"RAST 445.51 FEET; THENCE ALONG SAID CENTERLINE 5. SOUTH 35O37'19" 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 99"38'35" TO THE BEGINNiNG OF A 50.00 FOOT RADIUS REVERSE CURVE CONCAVB TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 77007'05" 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 53O33'42" EAST 60.00 FEET; THENCE 12.NORTH 53O29'29" EAST 78.53 FEET; THENCE 13. NORTH 37°06'07y 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 58=.34'06" 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 83O38'12" EAST 291.89 FEET; THENCE 20. NORTH 80*14'37" EAST 105.45 FEET; THENCE 21. SOUTH 61D56'03" EAST 162.89 FEET TO SAID WESTERLY LINE OF THE EAST HALF OF SAID LOT 14; THENCE ALONG SAID LINE 22. SOUTH 02O41'19" EAST 365.52 FEET TO THE POINT OF BEGINNING. DEC-01-00 ‘16130 FROMrCONTIW--‘rAt HOMES ID1760 ‘1 0237 Cf&JmNT OF SOLE DIRECTOR . vidw ._ __ ---. rnsats L(/s 3696 pmperty, tuxl anyimprovanerltsor apprutsrancesconstructcdtherconor~ theato, or 2m.y in- fhabin, tiTzding with& &&&j&m sqy rig&EFpay, ~~[dotothcr~~bleor~kpopaty,~~olintcresfrmdany pcam3l~rdatfngoriw’dentthgeeo~soch’ ~may~ludebrIt Imt be! limited to w-aivm of tIxxl&i~ tu closq and (iii3 SzJbjccJ to the pafden ~~~valOfan]rOacOf~ApprovingOfli~toexecate~ddiver contracts, am=-% d* cxxmpws cw other obligzhns of the cixqxhy, .ClOSiIlgscatemenboandather~ mlld~esrsfbr~esak:ofimprovedar rminzorovedrtal~,orIluy~orri~0~ownsd,l~rn~~ oazltro1ledbythec0Iopsny. RESOLVED,fb&theViazPrcsideatishmbyattthorizedaad~~ k0e~aadonbdlalfof~comp&ryi5tlle-ofthe~slDiviaLoa ~&en5htbd(I)~jecttowrirtar~approvalby~yontafthe~~ ofheaoftbcComp;my:a)MRHorroqb) hwaHJ.Tonmik, c)Richml ~~ar6)~F.~~(tttt”~~Officas”xtocrrr~~dtlivt;r c4mmc&~andother- zmdinstrmnento~thepurchastofreaI propczty,~anvimprovGmortp orappmtenanoi?3constnrded~ur~eci tlllmto, or any illtcrcdt tllcen# ir.lAiQ Tvieout limit&ion my Eigbz-of-way, ~~kiOrO0U~%kOr~lCproparty,~OriatcrrssandOmy ptzKadprogerty~oriucidalr~m~(iiisnbj~to~wrinGocorporatt . apptwalofanyomoftheApprovingOfficas,toGxcarteaad~ercontrar=ts. agrtmmmts, deeds, camgams CK otttcr obli@ uf the claw, closing 2 81-00 I;:31 FROM*CONTINENTAL OMES IOr 931 0A-17 3697 PACE 4/s ~~cntsndorbtrdocm~and iasbmnests~Qasaleafimprwvcdor ~~e-aqaty,or2nyinteraFt cxldnad by tile CotRpftuy. fm-ight~oopned,lcasadordh~ 3 16,31 FROMsCONTINBNTAL HOMES 1~e760 931 0237 . l ,