HomeMy WebLinkAboutCT 90-15; Aviara Land Associates LP; 1992-0011005; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: .
450
CITY 1 OF CARLSBAD i ,200 Elm Avenue 1 ;F:IC;RL p&f2;
Carlsbad. California 92008 .=.44i nTrrp pfi!y!$TV ?!#-pnf-fny,y p :;p?j ;;.:.;.J:< i !: :'-I : --es.: ?<~!;:gij~:! J &W-E
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Parcel No. 215-040-l&! 21 &7&, 215-070-25 nr : ! ,* f I * ifi,
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the '&ity*s approval of a drainage plan
(Plan No. 322-2A, 6A, 7A, and 8A) and/or improvement plans (Plans
No. 322-2, 6; 7 and 8) flar development to occur on property
described as Aviara Planning Area 24, CT 90-15 (API4 215-040-18,
21 & 22; 215~670-25), We Aviara Land Associates Limited
Partnership, A Delaware 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 t&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 fn the approved plans; or
by the design, ct~pstruction ormaintenance of the drainage system
or other improvements iden?t;%fied ifi 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.
Agreements/AG-14.FRM 1 REV. 5/21/90
II CTTsn-/L; I
451
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
I 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 WBEREM', the undersigned has executed this
instrument this 23th day ofmer , 1991 .
Aviara Xand Associates Limited Partnership, A Delaware Limited Partnership, formerly Pacific Rim Land ;Associates Limited Partnership, a Delaware Limited Partnership, as Owner
d Company, A Diklaware n, A General Partner
Clemen\s-r6ice President
Assistant Secretary
By: Republic Development Company, nia Corporation,
By: Ted L. Hoover, Assistant Secretary
APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney
By: Deputy City Attorney
(Proper notarial acknowledgment of execution by the OWNERS(S) must be attached).
Agreements/AG-14.FRM 2 REV. 5/21/90
452
STATE OF CALIFORNIA
COUNTY OF San Diego
I 1 ss.
I
On September 27. 1991 before me, the undersigned, a Notary Public in and for
said State, personally appeared D.L. Clemens, personally known to rnv . . C to be the person who executed the within instrument as
the Vice President and Ted L. Hoover personally known to me me . . 3 to be the person who executed the within instrument as the
Assistant Secretan! 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.
(Seal)
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF San Diego
I 1 ss:
I
On Sentember 27. 1991 before me, the undersigned, a Notary Public in and for
said State, personally appeared D.L. Clemens, personally known to me 7 nrv e to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me-e . . . c to be the person who executed the within instrument as the
Assistant Secretarv 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)
L!4 IQ.&/ k- &/&JJy&
NOTARY PUBLIC - ’
-- 453 REt,38-27-91 (MMA) MARCH 29-90 (DWA) 9 " 310,3** SV 10562 10562.00
EXHIBIT "A"
THOSE PORTIONS OF SECTIONS 22 AND 27, 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, THENCE ALONG THE NORTH LINE OF SAID SECTION 27 AND ALONG THE NORTH BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 10774, SAID MAP RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180 AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 86O58'35" EAST, 306.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH BOUNDARY LINE THE FOLLOWING: THENCE SOUTH 86O58'35' EAST, 1012.49 FEET; THENCE NORTH OlO49'26" WEST, 331.02 FEET; THENCE SOUTH 86O57'18"
EAST, 660.66 FEET; THENCE SOUTH OlO36'42" EAST, 330.67 FEET;
THENCE SOUTH OO"07'05" WEST, 1340.78 FEET; THENCE SOUTH
87O31'09" EAST, 372.00 FEET; THENCE LEAVING SAID NORTH
BOUNDARY LINE SOUTH 02O28'51' WEST, 326.91 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD AS DESCRIBED IN DEED RECORDED JUNE 29,1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 59O47'00" WEST, 392.63 FEET TO THE BEGINNING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 27°08'OO' A DISTANCE OF 474.04 FEET; THENCE NORTH 86O55'00" WEST, 354.23 FEET, TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73O11'40" A DISTANCE OF 1020.71 FEET; THENCE NORTH
13O43'20" WEST, 338.79 FEET; THENCE NORTH 14O43'00" WEST,
355.88 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF POINSETTIA LANE AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID POINT BEING THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID POINSETTIA LANE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°30'OO' A DISTANCE OF
38.18 FEET; THENCE NORTH 17°13'OO" WEST, 51.00 FEET; THENCE SOUTH 72O47'00' WEST, 2.76 FEET; THENCE NORTH 17°13'OO' WEST, 51.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, NORTH 72O47'00" EAST, 40.48 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 54.593 ACRES MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED
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DALE A. DAVIS, L.S. 5894 DATE LICENSE EXPIRES: 12-31-92