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Home My WebLink AboutCT 94-01; Sea Bluff Associates; 1994-0672262; Hold Harmless Agreement/Release14’70 RECORDING REQUESTED BY AND ) WHEN RECORDED WAIL TO: 1 City Clerk CITY OF CARLSBAD \ qqc\ 4x07 x&& 1200 Carlsbad Village Drive ) Carlsbad. California 92008 ) Space above this line for Recorder's use Parcel No. 216-140-30 c-rw+ BOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. DWG 337-9B)for development to occur on property described as see attached exhibit "An (APN 216-140-301, We Sea Bluff Associates, a California Partnership the owner 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 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 Agreements/AG-14.FRU 1 REV. S/21/90 CT 94-l 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 WITNZSS instrument this s executed this Owner: Sea Bluff Associates, A California Partnership By: Hackett Management Corporation Terrv C. Ha ket , President (print name i ti:le) APPROVED AS TO FORM: RONALD R. BALL City Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Agreements/AG-14.FRH 2 REV. S/21/90 * . . r c EXHIBIT “A” LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 1 AND 2 AND THE STREET BETWEEN SAID LOTS AS SHOWN ON PARCEL MAP NO. 13653 IN THE CITY OF CARLSBAD, 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, LYING EASTERLY OF THE EASTERLY -AND NORTHEASTERLY LINE OF CARLSBAD TRACT 85-14 PHASE. I, BATIQUITOS LAGOON EDUCATIONAL p=, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1986, EXCEPTING THEREFROM THAT PORTION,DESCRIBED AS FOLLOWS: 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 65O15'48" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 46.99 FEET THROUGH A CENTRAL ANGLE OF 8O15'34" TO A POINT OF COMPOUND CURVE ON A 826.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 57O00'14" NEST; 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 64O12'22" EAST, 149.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID LINE SOUTH 25O47'38" EAST, 422.00 FEET TO THE TRUE POINT OF BEGINNING. . . : . . .I- ~ -, - -- CALK~RNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On 10/24/94 DATE personally appeared before me, Marjorie A. McMillan, Notary Public , NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” TERRY C. HACKETT I NAME(S) OF SIGNER(S) B personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 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 0 INDIVIDUAL kl CORPORATE OFFICER HOED HARMLESS AGREEMENT-DRAINAGE President TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED ti GENERAL 0 ATTORNEY-IN-FACT Two (2) NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR q OTHER: 10/24/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Hackett Management Corporation, General Partner of Sea Bluff Associates -- - SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Cancga Park, CA 91309-7184