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HomeMy WebLinkAboutCT 94-09-01; Carlsbad Ranch Company LP; 1996-0524217; Hold Harmless Agreement/ReleaseRECOBDING REQUESTED BY AND WHEN BECORDED MAIL TO: City Clerk CITY OF CABLSBAD 1200 CarIsbad VlIhge Dr. Carlabad, CA 92008 dC t 199~00524217 &m-1996 09:47 All 314 OFFICIAL RECORDS SAH DIE60 COUHTY RECORDER’S @‘FILE GREGORY SNTH , ;M&TY RECORDER : 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USI ASSESSOR’S PARCEL NOS. 211-022-03,07, W,q 15 & 211-023-01 PROJECT NO. rpi NAME: CT 94-09-l CARLSBAD RANCH UNIT 1 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 333-210 and/or improvement plans (Plans No. DWG 333-25) for development to occur on property descrii in the attached Legal Description labeled Exhibit “A” attached hereto, and incorporated herein, I(We), Carlsbad Ranch Company, L.P., a California Limited Partnership, the owner(s) 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 oB-ker 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. AgreementdAG-14.FRM REV 6/26/95 315 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 11% day of , 1996. Jk3 PROPERTY OWNERS CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LJMITED PARTNERSHIP By: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER APPROVED AS TO FORM: RONALD R. BALL City Attorney /I (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). REV 6mY95 l - . . -- CALlFOdNlA ALL-PURPLL ACKNOWLEDGMENT -. 316 State of ~@-Uf-=-QEd3~ County of 3VJ 23 rc6CJ On S/V 11 I l99G bate beforeme,\Ifl?&u# r. /3c-k+JE, dd-7-@Y pogf/C Name and Title of Officer (e.g., “Jane Doe. Notary Public”) / personally appeared &%?iS,PP~ Cp-cl</~2; , Name(s) of Signer(s) P personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@$ whose namemare subscribed to the within instrument and acknowledged to me that&&he/they executed the same in@her/their authorized capacity@@, and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. t / Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: r&&m& - Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited q General q Attorney-in-Fact Cl Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1994 National Notary Association * 6236 Remmet Ave., P.0. Box 7164 * Cenoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6627 3.n EXHIBIT “A” LOTS 2 AND 3 OF CARLSBAD TRACT tiO.92-7, UNIT 1 AND UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED DECEMBER 28, 1993. AND LOTS 9 & 10 OF CARLSBAD TRACT NO. 92-7, UNIT 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13215, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUNE 30,1995.