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Home My WebLink AboutCT 94-01; Kaiza Poinsettia Corporation; 1994-0672261; Hold Harmless Agreement/Release‘3oc It 1794~0672?61 21--t#YJ-~9P4 II=34 1464 OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE S;;T!i COUNTY RECORDER FEES: RECORDING REQUESTED BY AND ) 11: 00 PIF: WHEN RECORDED BAIL TO: 1.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carls d C 1 orn' Space above this line for Recorder's use 22. Parcel Wo. 216-140-17, 18. 27, 31, 32, 33, 37. 38, & 216-420-82 &94-i bbrnSe#-M%mzJ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. DWG 337-9A) and/or improvements plans (Plans No. DWG 337-9) +for&&evelopment to occur on prop-y &scribe+ as see .* 7%' "a attached legal description labled exhibit "Aw fAPN 2X6-140-17, 18,27,31,32,33,37,38, & 216-420-82), We Kakza Poinsettia Corporation, a California Corporation 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 ,shz@L no&constitute an . 1,. ; * . " . I . . . I,..'.I, * j il . 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 1465 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 \'1 day of amber , 19 w. Owner: Kaiza Poinsettia Corporation, Noriko Saiaa. President (print name & title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: &&‘City Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Agreements/AG-14.FRM REV. 5/21/!M -- Eyh&, f,“ A" - ’ 1466 ORDER NO. 1007291-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 1 AND 2 OF CARLSBAD TRACT 82-18 (BATIQUITOS POINTE), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,. ACCORDING TO MAP THEREOF NO. 11290; FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. EXCEPTiNG THEREFROM ANY PORTION WHICH IS OR WAS EVER TIDELANDS BELOW THE ELEVATION OF NATURAL, ORDINARY HIGH TIDE. . PARCEL THAT PORTION OF LOT 1 OF PARCEL MAP NO. 13653, IN THE CITY OF CMLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE 'OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985 AS FILE NO. 85-033316 OF OFFICIAL RECORDS. BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE THEREOF NORTH lO36'13" WEST 344.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1, SOUTH lO36'13" EAST, 241.75 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76°00'01" WEST, 150.85 FEET; THENCE SOUTH 19O47'34" WEST, 30.15 FEET; THENCE SOUTH 65O38'13" WEST, 89.60 FEET TO A POINT ON A 326.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 65*15'48" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 46.99 FEET THROUGH A CENTRAL ANGLE OF 8O15'34" TO A POINT OF COKPOUND CURVE ON A 826.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 57°00'14" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 255.91 FEET THROUGH A CENTRAL ANGLE OF 17O45'06"; THENCE NORTH 16O42'22" EAST, 370.32 FEET;,THENCE NORTH 64.12'22" EAST, 149.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ZUX)NG SAID LINE SOUTH 25O47'38" EAST, 422.00 FEET TO THE TRUE POINT OF BEGINNING. PAGE 27 \ \I t. H , c \ -1 ~ . . . ‘- - - . 1467 ORDER NO. 1007291-22 . PARCEL . THOSE PORTIONS OF LOTS 1, 2, 3 AND 4 TOGETHER WITH THOSE PORTIONS OF THE STREETS ADJOINING SAID LOTS, SHOWN AS AVENIDA ENCINAS, ALL AS SHOWN ON PARCEL MAP NO. 13653, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOMXA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985 AS FILE NO. 85-033316 OF OFFICIAL RECORDS LYING NORTHERLY OF THE NORTHERLY LINES AND WESTERLY OF THE WESTERLY LINES OF CARLSBAD TRACT NO. 85.14, PHASE I (BATIQUITOS LAGOON EDUCATIONAL PARK), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11616, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1986. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD, BY DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1986 AS FILE NO. 86-294230 OF OFFICIAL RECORDS. LOT 79 OF CARLSBAD TRACT 85-14 PHASE 1, (BATIQUITOS LAGOON EDUCATIONAL PAW I IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER MAF NO. 11616, FILED IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ON SEPTEMBER 12, 1986, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL PROPERTY: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 46 OF SAID MAP NO. 11616, SAID CORNER BEING A POINT ON THE SOUTHERLY LINE OF LOT 79; THENCE SOUTH 37*10'20" NEST A DISTANCE OF 44.95 FEET; THENCE NORTH 25O41'07" WEST A DISTANCE OF 4.38 FEET; THENCE NORTH 42O21'43" EAST A DISTANCE OF 43.13 FEET TO THE POINT OF BEGINNING. LOT 80 OF CARLSBAD TRACT NO. 85-14, PHASE 1 (BATIQUITOS LAGOON EDUCATIONAL PARK), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11616, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1986. PAGE 28 /-. . . . STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1468 , before me, ILk pfu+- I Notary Public, personally appeared No/ib J&&L I personallyknowntome,w ce to be the personm whose name* is- subscribed to the within instrument and acknowledged to me that ws executed the same in wherm authorized capacity and that by w/her-r signature- on the instrument the person@), or the entity upon behalf of which the persone acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary UNANIMOUS WRITTEN CONSENT TO ACTION OF THE BOARD OF DIRECTORS KAIZA POINSETTIA CORPORATION TAKEN WITHOUT A MEETING 1469 Pursuant to Section 307(b) of the California Corporation Code, the undersigned, constituting all of the members of the Board of Directors of Kaiza Poinsettia Corporation, a California corporation (the “Corporation”), hereby adopt the following recitals and resolutions: Develooment of Poinsettia Shores WHEREAS, the Corporation owns certain real property known as the Poinsettia Shores Project (the “Project”) in Carlsbad, California (the “City”), which property is in the process of being developed for residential housing; WHEREAS, the City requires that the Corporation provide proof of authority to execute any and all agreements and documents required for or in conjunction with the development of the Project; WHEREAS, Noriko Saiga, in her capacity as President of the Corporaiton, is vested with the authority to execute various documents in furtherance of the legitimate business interests of the Corporation; NOW, THEREFORE, BE IT RESOLVED, that Noriko Saiga, President of the corporation, is hereby authorized and directed to execute and deliver on behalf of the Corporation any agreements and documents required for or in conjunction with the further development of the Project, with such agreements and documents to contain such terms and conditions as such officer shall in her sole discretion approve, the execution of same by her to constitute conclusive evidence of such approval. This consent may be executed in counterparts and shall be effective for all purposes as of September 27, 1994. Toshihiko &iga-D , Fe&or i __. \ ,- ./a ,. I’ cl- u-M ,,” Kisaburo Saiga, Director