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HomeMy WebLinkAboutCT 92-07; Carlsbad Ranch Company LP; 1995-0245821; Hold Harmless Agreement/ReleaseI2 II '1995-0245821 12-JUH-1995 02~24 PPI DFFICML RECORDS SAN DIEtiD WUHTY RUXRDER’S OFFICE 98 16. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 Parcel No. 211-022-05, 06 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 333-23) and/or improvement plans (Plans No. 333-2D) for development to occur on property described as see attached Exhibit '@A'* (APN 211-022-05, 06), We Carlsbad Ranch Company, L.P. 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 n&ma1 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 Agreements/AG-14.FRW 1 REV. 5/21/90 ('-7 4 cL*v-a h . 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 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 Carlsbad Ranch Company, L.P., a California limited partnership By: Carltas Company, a California limited partnership, General Partner By: Carltas Management, a California Corporation, General Partner /7 By: Carltas Management, a California General Partner APPROVED AS TO FORM: v RONALD R. BALL City Attorney '(Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Agreements/AG-14.FRll REV. 5/21/90 .I -. CALIFORNIA ALbPiJRPOSe ACKNOWLEDGMENT No. 5907 State of California County of sa Diego f 00 On May 24, 1995 before me, Karen A. Phelps, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE. NOTARY PUBLIC personally appeared Qlristopher C. Calkins-------------------------------- , NAME(S) OF SIGNER(S) a personally known to me - 6#Ne7V#f~~~dl/tb/MB~~~~~~eE/Q~~iGfalt~~~~~~~~trlte to be the person@) whose name@) is/&%! subscribed to the within instrument and ac- knowledged to me that he/~WtbeJ/executed the same in hislbeyJth+,,r authorized capacity@&@‘, and that by hisAMWt~ti signature($) on the instrument the person(s)/, or the entity upon behalf of which the person(g) acted, executed the instrument. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT c] INDIVIDUAL bd CORPORATE OFFICER President TITLE(S) Hold Harmless Agmt. Drainage TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED q GENERAL q ATTORNEY-IN-FACT 0 TRUSTEE(S) i ~;;;;lAN/CONSERVATOR ‘Ituo (2) NUMBER OF PAGES not dated at notarization DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTllY(IES) Carltas Management Ball SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 EXHIBIT “A” 101 LEGAL DESCRIPTION FOR CARLSBAD RANCH UNIT 3 CARLSBAD TRACT NO. 92-7, CARtSBAD RANCH UNIT 3 BEING A SUBDIVISION OF A PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUKTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TI-;EREOF NO. 823, F'ILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SHOWN ON RZCORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OPFICIAL RECORDS. Ica E RY GCONNELL RCE 32012 DATE