HomeMy WebLinkAboutCT 99-03; Real Estate Collateral Management Company; 2003-0362100; Hold Harmless Agreement/Release1 4
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
OFFICIAL RECORDS
ljElN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, CWNpl RECORDER FEES: 23.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
21 3-030-1 1-00; 21 3-030-1 8-00
PROJECT NO. & NAME: CT 99-03
Villages of La Costanhe Greens Poinsettia
Lane
>u,4 397- 21
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG No. 397-2H) and
improvement plans (DWG No. 397-21) for development to occur on property described as
Poinsettia Lane being shown on FM 99-03 a portion of attached Exhibit "A, ([)We, Real Estate
Collateral Management Company, a Delaware Corporation, the owners of said property
promise to indemnify and to hold the City of Carlsbad, its officers, agents and 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
1
H:IDevelopment SeNiceslMasterslBonds & AgreeemntslHold Harmless Agreement Drainage Rev. 12/06/98
,
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 I e
dayof 'j)fcCvvl'bCv ,2002-.
PROPERTY OWNERS
Real Estate Collateral Mananement ComDanv. a Delaware
David A. Watts, Vice President
(Print Name and Title)
Date: 12/)o/02
By:
(Sign Here)
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
2
H:/Development SeNlces/Masters/Bonds & AgreeemntdHold Harmless Agreement Dramage Rev. 12/06/98
State of California )
1 County of San Diego 1
personally appeared DfiLhA A . bVA+-lS
(NameM of Signerw)
Gersonally known to me -OR - 0
(1) to be the persow whose name(+
ish subscribed to the within instrument and acknowledged to me that helm
executed the same in his/he&Feir authorized capacity(@& and that by hislhedkir
signature@) on the instrument the person(+, or entity upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal
A Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other t
,,/ PARCEL A:
/ /.
PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS.
TOGETHER WITH THAT PORTION DESCRIBED AS PARCEL "A" IN DEED TO LA COSTA LAND
COMPANY FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAW DIEGO COUNTY,
SEPTEMBER 7, 1973 As FILE NO. 73-245058 OF OFFICIAL RECORDS, SAID LAND BEING
THAT PORTION DELINEATED AND DESIGNATED AS "NOT A PART OF THIS MAP" ON SAID
PARCEL MAP NO. 1188.
EXCEPTING THEREFROM THAT PORTION OF ALGA ROAD AS DESCRIBED IN DEED TO THE CITY
OF CARLSBAD RECORDED DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICIAL RECORDS.
ALSO EXCEPTING THERgFROM PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THB
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 16, 1984 AS PILE NO. 84-031333 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEXEFROM THAT PORTION CONVEYED TO THE CITY OF ChRLSBAD BY
DOCUMENT RECORDED DECEMBER 1, 1997 AS FILE NO. 1997-0605498 OF OFFICIAL RECORDS.
AFFECTS PARCEL NOS. 213-030-11, 215-021-07, 215-030-06, 215-030-14, 215-031-13,
215-052-15 AND 215-061-01, 09.
PARCEL A-1 :
AN EASEMENT AND RIGHT OF WAY OVER, UNDER, ALONG AND ACROSS THAT PORTION OF
PARCEL A OF PARCEL MAP NO. 13427, IN THB CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICB OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 16, 1984 AS FILE NO. 84-031333 OF OFFICIAL RECORDS, FOR THE
PURPOSES SET OUT IN THAT CERTAIN AGFLEEMENT RECORDED SEPTEMBER 12, 1985 AS FILE
NO. 85-335690 AND --RECORDED FEBRUARY 28, 1986 AS FILE NO. 86-078338, BOTH OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL A, SAID POINT BEING ON THE
NORTHERLY LINE OF THAT CERTAIN DOCUMENT GRANTED TO THE CITY OF CARLSBAD,
DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICIAL RECORDS AND SHOWN ON SAID
PARCEL MAP NO. 13427; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL A,
THE FOLLOWING COURSES: NORTH 5°12'03H EAST, 409.16 FEET, TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID 21°15834w A DISTANCE OF 371.05 FEET; THENCE NORTH 16°03'311'
WEST, 243.88 FEET, TO THIS BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 4S017'29*' A DISTRANCE OF 237.14 FEET; THENCE NORTH 29O13'58"
EAST, 60.63 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 26O34'36" A DISTANCE OF 371.08 FEET; THENCE NORTH 2O39'22" EAST,
311.48 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 15D36'09" A DISTANCE OF 163.39 FEET; THENCE NORTH 12O56'47" WEST,
56.41 FEET, TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE
DESCRIPTION
kt.. f;..'' - .-. ... . . SOUTHESSTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 19°48'26t' A DISTANCE OF 207.42 FEET, TO THE BEGINNING OF A
TANGENT 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44O43'38" A DISTANCE OF
351.29 FEET; THENCE NORTH 37°51'59Et WEST, 263.43 FEET TO RIg BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWEXTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36O24'50" A DISTANCE OF
254.22 FEET; THENCE NORTH 74O16'49" WEST, 495.90 FEET; THENCE NORTH 33°21'0291
WEST, 99.22 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE SOUTH 74O16'49"
EAST, 516.83 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 36°24850" A DISTANCE OF 285.99 FEET; THENCE SOUTH 37O51'59"
EAST, 315.82 FEET, TO THE BEGINNING OF A TANGENT 480.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 34016'12" A DISTANCE OF 287.10 FEET; THENCB somn 03035'47m BAST,
281.56 FEET; THBNCE SOUTH 5049'18" EAST, 228.98 FEET; THENCE SOUTH 8022'00" WEST,
100.50 FEET; THENCE SOUTH 2O39'22" VJEST, 211.48 FEET, TO THE BEGINNING OF A
TANGENT 825.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTR?iL ANGLE OF 26°34'364 A DISTANCE OF
382.68 FEET; THENCE SOUTH 29O13'58" WEST, 60.63 FEET, TO THE BEGINNING OF A
TANGENT 275.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45O17'29" A DISTANCE OF 217.38 FEET;
THENCE SOUTH 16°03'31't EAST, 243.88 FEET, TO THE BEGINNING OF A TANGENT 1,025.00
FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVB THROUGH A CENTRAt ANGLE OF 21°15'34" A DISTANCE OF 380.32 FEET; THENCE
SOUTH 5O12'03" WEST, 407.20 FEET TO A POINT OF THE NORTHERLY LINE OF SAID
DOCUMENT; THENCE NORTH 89O16'32" WEST ALONG THE NORTHERLY LINE THEREOF 25.08
FEET, TO THE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 57 OF LA COSTA MEADOWS UNIT NO. 1,
ACCORDING TO MAP THEREOF NO. 6800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 9, 1970; THENCE ALONG THE BOUNDARY OF SAID UNIT 1 AS
FOLLOWS :
SOUTH 60O37'21" EAST, 549.65 FEET TO THE NORTHERLY LINE OF ALGA ROAD AS SHOWN ON
SAID MAP NO. 6800, BEING A POINT IN THE ARC OF A 949 FOOT RADIUS CURVE, CONCAVE
NORTHERLY A RADIAL BGARS SOUTH 42O42'01" EAST TO SAID POINT, WESTERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 32O40'34" A DISTANCE OF 541.22 FEET, TANGENT TO SAID
CURVE SOUTH 79O58'33" WEST, 670 FEET TO A TANGENT 949 FOOT RADIUS CURVE, CONCAVE
NORTHERLY, WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 25°54'00" A DISTANCE OF
428.99 FEET AND SOUTH 15O52'33" WEST SO FEET TO THE NORTHEASTERLY CORNER OF LA
COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE
. OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY
OF SAID MAP NO. 5781 AS FOLLOWS:
WESTERLY ALONG THE ARC OF A 999 FOOT RADIUS CURVE, CONCAVE NORTHERLY, THROUGH AN
ANGLE OF 23°22'001t A DISTANCE OF 407.42 FEET, TANGENT TO SAID CURVE NORTH
50°44'00" WEST, 398 FEET TO A TANGENT 1,001 FOOT RADIUS CURVE, CONCAVE SOUTHERLY,
*-
DESCRIPTION r No. 13066274
WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 3eo308s8" A DISTANCE OF 672.91
FEET, NORTH 89O14'58" WEST, 98.00 FEET AND NORTH OO45'02" EAST, 17.00 FEET TO THE
NORTH LINE OF SAID SOUTH ONE-HALF OF SECTION 26; THENCE ALONG SAID NORTH LINE
SOUTH 89O14'58" EAST, 161.14 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF
SECTION 25; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF SECTION 25 SOUTH
89O12'29" EAST, 2,321.97 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION OF ALGA ROAD AS DESCRIBED IN DEED TO THE CITY OF
CARLSBAD, RECORDED DECEMBER 9, 1983 As FILE NO. 83-449259 OF OFFICIAL RECORDS.
AFF'ECTS PARCEL NOS. 215-480-02 AND 215-480-03.