HomeMy WebLinkAboutCT 92-07; Carltas Company; 1993-0886033; Hold Harmless Agreement/Release,, ,. - I / II - I 1 * . ’ .* . ,
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616 DOC #I 1993-0886033 30-DEC-1993 ma7 Ml
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE
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ANNETTE EVANS, $TY RECORDER : 0.00 , RECORDING REQUESTED BY AND /' WHEN RECORDED MAIL TO: 1 City Clerk CITY OF CARLSBAD I/'-; /
1200 Carlsbad Village Drive Carlsbad. California 92008
;$,$Q
I Space above this line for Recorder's use
Parcel No. 211-021-18. 28. 29
HOLD HAR.MLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan
(Plan No. DWG 333-2A and DWG 33302B) and/or improvement plans
(Plans No. DWG 333-2) for development to occur on property
described as (See legal description attached as Exhibit "AA@1). We
Carltas Company, a California 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 o'f the improvements pursuant to the approved plans,
II Agreements/AG-14.FRM c79g- 3 REV. S/21/90
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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
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 13 day of & , 19 73 .
APPROVED AS To FOR.&
RONALD R. BALL City Attorney
(Proper notarial acknowledgment of execution by the OWNERS must be attached).
II Agreements/AG-14.FRH REV. 5/21/9G
CA1 IEnDYBA AI I ,DIlDDCIDL AfiYYIwI CIWZUCYT hln c.10')
01992 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-71
State of CATJEZQRNTA
1
618 -OPTlONALSECTlON-
CAPACITY CLAIMED BY SIGNER
County of SAN DIEGO Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
On 17-J 1-91 before me, JOYCE E. MIZOCK, NWlJARY PTTRT.Tr , q INDIVIDUAL
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC 0 CORPORATE OFFICER(S)
personally appeared CHRISTOPHER C. CALKINS , NAME(S) OF SIGNER(S) TITLE(S)
spersonally known to me - OR - q proved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 LIMITED
to be the person(s) whose name(s) is/are 0 GENERAL
subscribed to the within instrument and ac- 0 A-ITORNEY-IN-FACT
knowledged to me that he/she/they executed 0 TRUSTEE(S)
the same in his/her/their authorized
capacity(ies), and that by his/her/their 0 GUARDIAN/CONSERVATOR
signature(s) on the instrument the person(s), Cl OTHER:
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(H)
‘ CARLTAS COMPANY, A
mu?"- CALIFORNIA LIMITED
’ SIGNATURE OF NOTA PARTNERSHIP OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
LEGAL DESCRIPTION CARLSBAD TRACT 92-7 UNITS I t II
ALL THAT PORTION OF LOT H OF RANCH0 AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF RECORD OF SURVEY MAP NO.
13995, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 25, 1992, AS FILE NO. 92-0762198 OF OFFICIAL
RECORDS: THENCE ALONG THE EASTERLY BOUNDARY THEREOF, SOUTH 0" 03'
31' WEST 1465.19 FEET: THENCE NORTH 89" 56' 29' WEST 120.00 FEET;
THENCE SOUTH 0' 03' 31" WEST 160.00 FEET; THENCE SOUTH 89' 56' 29"
EAST 120.00 FEET: THENCE SOUTH 0" 03' 31" WEST 110.00 FEET: THENCE
SOUTH 0" 01' 34" WEST 836.92 FEET TO THE BEGINNING OF A NON-TANGENT
520.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIAL TO SAID
POINT BEARS SOUTH 6" 22' 41" WEST; THENCE, LEAVING THE EASTERLY
BOUNDARY OF SAID RECORD OF SURVEY NO. 13995, NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 20' 26" A
DISTANCE OF 266.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 54" 16'
53" WEST 232.20 FEET TO THE BEGINNING OF A TANGENT 410.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2" 23' 25" A DISTANCE
OF 17.10 FEET: THENCE NON-TANGENT TO SAID CURVE NORTH 22" 29' 22'
WEST 1811.48 FEET: THENCE SOUTH 67" 30' 38" WEST 1793.73 FEET;
THENCE NORTH 55" 44' 21" WEST 268.47 FEET TO THE BEGINNING OF A
NON-TANGENT 615 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, A
RADIAL TO SAID POINT BEARS NORTH 55" 44' 21" WEST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27" 40' 39"
A DISTANCE OF 297.08 FEET; THENCE RADIAL TO SAID CURVE NORTH 83"
25' 00" WEST 110.00 FEET TO THE BEGINNING OF A NON-TANGENT 725 FOOT
RADIUS CURVE, CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT
BEARS NORTH 83" 25' 00" WEST; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 04' 22" A DISTANCE OF
367.88 FEET; THENCE TANGENT TO SAID CURVE SOUTH 22" 29' 22" EAST
965.50 FEET: THENCE SOUTH 20" 57' 08" EAST 211.68 FEET; THENCE
SOUTH 27" 00' 30" EAST 1128.47 FEET: THENCE NORTH 63" 50' 20" EAST
631.27 FEET TO A POINT ON A NON-TANGENT 621 FOOT RADIUS CURVE,
CONCAVE TO THE WEST, A RADIAL TO SAID POIiT BEARS NORTH 74" 13' 31"
EAST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29" 32' 14" A DISTANCE OF 320.14 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 13" 45' 45" WEST 100.00 FEET TO THE
BEGINNING OF A TANGENT 719 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 11" 36' 42" A DISTANCE OF 145.71 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 2" 09' 03" WEST 160.14 FEET TO THE SOUTHERLY LINE
OF SAID RECORD OF SURVEY NO. 13995; THENCE ALONG SAID SOUTHERLY
LINE NORTH 87" 49' 58" WEST 1633.27 FEET; THENCE NORTH 2" 08' 40"
EAST 177.33 FEET TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS
CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80" 01' 11" A DISTANCE OF
898.02 FEET: THENCE: LEAVING THE WESTERLY LINE OF SAID RECORD OF
.
SURVEY NO. 13995 AND CONTINUING ALONG THE ARC OF SAID 643 FOOT
RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2" 06' 34" A DISTANCE OF
23.67 FEET TO THE EASTERLY LINE OF MAP NO. 11284 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981, AS
FILE NO. 81-14557 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY
LINE AND CONTINUING ALONG THE ARC OF SAID 643 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 4" 40' 28" A DISTANCE OF 52.46 FEET;
THENCE TANGENT TO SAID CURVE NORTH 84" 39' 33" WEST 239.31 FEET TO
THE BEGINNING OF A TANGENT 557 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 88" 08' 18" A DISTANCE OF 856.84 FEET:
THENCE TANGENT TO SAID CURVE NORTH 3" 28' 45" EAST 297.30 FEET TO
THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE CONCAVE, WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 25" 58' 11" A DISTANCE OF 291.44 FEET; THENCE LEAVING THE
EASTERLY LINE OF SAID MAP NO. 11284, NON-TANGENT TO SAID CURVE,
SOUTH 22" 29' 26" EAST 93.70 FEET TO THE WESTERLY LINE OF SAID
RECORD OF SURVEY NO. 13995;
67" 30' 34" EAST 5.14 FEET
FOOT RADIUS CURVE, CONCAVE
THENCE ALONG SAID WESTERLY LINE NORTH
TO TBE BEGINNING OF A NON-TANGENT 25
SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 67" 30' 34" WEST; THENCE NORTHERLY, NORTHEASTERLY
AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00'
03" 39.27 FEET: THENCE TANGENT TO SAID CURVE NORTH 67" 30' 37" EAST
410.20 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89" 59' 59" A DISTANCE
OF 527.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST
.
61.38 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET TO THE
BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33"
55' 23" A DISTANCE OF 63.65 FEET: THENCE TANGENT TO SAID CURVE
NORTH 22" 29' 22" WEST 79.99 FEET TO THE BEGINNING OF A TANGENT
107.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY: THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55'
23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE
OF 5.92 FEET: THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST
338.88 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET TO THE
BEGINNING A REVERSE 107.50 FOOT RADIUS CURVE, CONCAVE WESTERLY:
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33" 55' 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE
NORTH 22" 29' 22" WEST 79.99 FEET TO THE BEGINNING OF A TANGENT
107.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55'
23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE
OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST
338.90 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE,
.
CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33" 55' 23" A DISTANCE OF 5.92 FEET TO THE
BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG
55' 23" A DISTANCE OF
NORTH 22" 29' 22" WEST
107.50 FOOT RADIUS
SAID CURVE THROUGH A CENTRAL ANGLE OF 33"
63.65 FEET: THENCE TANGENT TO SAID CURVE
79.97 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENT?Y3L ANGLE OF 33" 55'
23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33" 55' 23" A DISTANCE
OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22" 29' 22" WEST
234.47 FEET TO THE BEGINNING OF A TANGENT 264.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 63" 41' 21" A DISTANCE OF 293.46 FEET;
THENCE TANGENT TO SAID CURVE NORTH 41" 11' 59" EAST 99.91 FEET TO
THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 29" 41' 08" A DISTANCE OF 174.09 FEET; THENCE TANGENT TO SAID
CURVE NORTH 11" 30' 51" EAST 73.96 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90" 00' 12" A DISTANCE OF 39.27 FEET: THENCE
RADIAL TO SAID CURVE NORTH 11" 31' 03" EAST 51.00 FEET TO A POINT
ON THE NORTH LINE OF SAID RECORD OF SURVEY MAP NO. 13995; THENCE
ALONG SAID NORTH LINE SOUTH 78" 28' 57" EAST 1286.67 FEET TO THE
BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 24'
19" A DISTANCE OF 223.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH
84' 53' 16" EAST 2170.45 FEET TO THE BEGINNING OF A TANGENT 2000
FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 13" 48' 04" A DISTANCE OF 481.75
FEET: THENCE TANGENT TO SAID CURVE NORTH 81" 18' 40" EAST 322.18
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.