Loading...
HomeMy WebLinkAboutCUP 06-11B; Pacific Ridge School; 2014-0200612; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 GarlsbadVillage Dr. Carlsbad, CA 92008 DOC Illllllll 2014-0200G12 liiiiiiiiiiiiiiiiiii MAY 15, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-122-17-00 PROJECT ID: CUP 06-11(B) PROJECT NAME: Pacific Ridge School Expansion RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 445-2E) for development to occur on property more particularly described as (see attached. Exhibit "A"), We, Pacific Ridge School, A Califomia Non-Profit Public Benefit Corporation, the owner of said property, promise to indemnify and to hold the Cify of Carlsbad, its officers, agents and employees harmless from liabilify 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 Cify shall not constitute an assumption by the Cify of any responsibilify for such damage or taking. Cify shall not be an insurer or surefy 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 Q:\CED\Lan( ,dDev^PROJECTS^CUP^CUP 06\CUP 06-1 KB) Pacific Ridge Expansion - Levy^B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 445-2E)^oc 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CUP\CUP 06\CUP 06-11 (B) Pacific Ridge Expansion - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 445-2E)-doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _2j_ dayof Af.^ , 2QJ^. APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney OWNER(S) Pacific Ridge School, A California Non-Profit Public Benefit Corporation By: (Si^ere) Dr. Jay Lichter, Chair/President, Pacific Ridge School Board of Trustees Date: By: _ (Print Name and Title) (Sign Here) Eugene Chen, Treasurer, Pacific Ridge School Board of Trustees Date: (Print Name and Title) (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othen/vise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowenng the officer(s) signing to bind the corporation.) Q:\CED\LandDev' .yPROJECTS\CUP\CUP 06\CUP 06-1 KB) Pacific Ridge Expansion - LevytB & MHOLD HARMLESS AGREEMENT DRAINAGE (DWG 446-2E).doc ^ V. KI b/'t "A '^'^^^^ No.: 930084047-U2 ] LEGAL DESCRIPTION ^ CERTIFICATE OF COMPLIANCE RECORDED JUNE 3 2011 AS FILE NO 2011 ^^W^^?^^^^"-^ RECORDS, BEING ALL OF PARCELS 2, 3 AND 4 OF PARCEL^^^^ Nn^?nn'^ Snol? ™^ '^^^^^^ RECORDER OF SAN DIEGO ON MARCH 271^067^ILI NO 2^^,0209765 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE NO CE 09 08 D^^^^ AUGUST 14, 2009 AND FILED IN THE OFFICE OF THE COUN^^^ COUNTY ON AUGUST 24, 2009 AS FILE NO. 2009-04734.58 RECORDER OF SAID TOGETHER WITH: BEGINNING AT THE NORTHEAST BOUNDARY CORNER OF PARCEL 2 OF PARPFI MAP T.'L'tl}}:^'' ''^''''^ ™ ^O^TY RECORDER OF SAN DIEGO ON LIRCH 27 ^6 AS FILE NO. 2006-0209765; THENCE NORTH 88° 00' 45" WEST 60 00 FEET TO A L^E THAT TS 6a00 FEET EAST MEASURED AT RIGHT ANGLES FROM THE EASTOS^Y BOIZAR^^^^ oJn'.^.p/.^^'^^'^ CONTINUING ON SAID LINE SOUTH ?i^59M 5 ^^^^ ZfJll^'' ^^""^ '''^™ "° 25' 51" WEST 326.81 FEET; THENCE SOUTH 00° 34' 33" EAS^ 494.71 FEET; THENCE SOUTH 16° 42' 42" WEST 153.16 FEET- THENCE SOUTH 25° 13 38" WEST 110.41 FEET; THENCE SOUTH 32° 20' 13" WEST 73.28 FEET- TfflNCE SO ™H 53° 39' 7" EAST 60.15 FEET TO THE SOUTHEAST BOUNDARY CORNER OF PAS 4 OF SAID^ l^'L—' ^""""^ NORTHERLY ALONG THE EASTERLY BXDARY L^E SAS PARCEL MAP 19958, NORTH 32° 20' 13" EAST 81.20 FEET; THENCE NORTH 25° 13' 38" EA^^ 118.61 FEET; THENCE NORTH 16° 42' 42" EAST 166.75 FEET; THENCE NORTH 00° 3^33^ WEST 497.53 FEET; THENCE NORTH 11° 25' 51" EAST 325.46 FEEP T^NCE NSRTH O1° 59' 15" EAST 103.00 FEET TO THE NORTHEAST BOUNDARY COMER oFpARCEL 2 OT SAID PARCEL MAP 19958 AND THE TRUE POINT OF BEGINNING ^^?^3o J™^™^ ^^L' RIGHTS, MINERALS, MINERAL RIGHTS NATURAL GEOTSIT .ISAM^/^^.rr™^'^^^^^' WHATSOEVER NAME KJO^ GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FORM ANY OF THE FOREGOTNfi THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PE^ETuS wG^^^ OF DRILLING, MINING, EXPLORING AND OPEI^TING THEREFORE AND^^^^^ REMOVING THE SAME FROM SAID LAND OR ANY OTHER LA^ OIL OR GAS WE^L^ TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSL^kpACE OF T^T^^^ AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELL ™i^E^^^ TO RIS^LI' ^^^T^^TIH ^™ LTMIT?T^AE™AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUrH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL Mn^E m^^ SU^TU'F^S ™ r A^^^^^^^^ ^^^^^^ ™ S 500?lk? ™ rSS^^^aii^S^^ -AY 13, 2005 AS APN: 213-122-17-00 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i}u^<U } I // JJ Here Insert Nam^and Title of the OffttSfr C\J)f. ^ On dnAcl ^3,g?<^/y before me, ' riot„ f ^ /l/l U Here Insert Nam^and Title Ot tne ottMSir ^ T\<> personally appeared vi» ^^j^. rucMSA. O/nd^^^^y^^nL 4AtrrU=^ LM^ 1^"'VD&j.(Bi&iS^" I^TT^ Coimnittion # 1tt4569 iffiSS^BB Notary PuMIc - CaWornta 1 v§S^W SM Oiago County < I MyComm.Ei(rttttF«M8.20151 who proved to me on the basis of satisfactory evidence to be the person(s)^hose name(s)1s/aia^ubscribed to the within instrument and acknowledged to me that he/she/they'executed the same in his/herAheir authorized capacity(ij^i8)f and that by his/herAheif signatur^^e)^on the instrument the person(^ or the entity upon behalf of which the personCsTacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS jriy ha Place Notary Seal Above Signature OPTIONAL - signature of Notary Public 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; , Number of Pages: Signer(s) Ottier Ttian Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer —Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Ottier: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Associatton • 9350 De Soto Ave., P.O. Box 2402 • Chatsvronh, CA 91313-2402' vww.NationatNotary.org Item #5907 Reorder Call ToH-Free 1-800-876-6827 0 \CED\LandDev\PROJECTS\CUP\CUP 06\CUP 06-11 (B) Pacific Ridge Expansion - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 445-2E) doc 01/25/13