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Home My WebLink AboutMS 04-02; Calvary Chapel North Coast; 2006-0557339; Hold Harmless Agreement/Release5155 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2006-0557339 AUG07, 2006 12:34 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 19-00 PAGES: 5 2006-0557339 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-550-01 and 215-070-13,36 PROJECT NO. & NAME: MS 04-02 North Coast Calvary Chapel HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 429-5A) for development to occur on property described attached Exhibit "A", I/We, Calvary Chapel - North Coast, a California non-profit 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 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. 1 H:/Devel op merit Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 5156 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 _ day of -Uwfcry ^ . 20Pk . PROPERTY OWNERS Calvary Chapel - North Cqast, a California non-profit corporation (Sign Here) H (Print Name and Title) Date: By: (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 Assistant City Attorney H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 5157 State of California County of San Diego On 152/30^ before me, '(Date) personally appeared B (Name, Title/of Officer) (Name[s] of Signer[s]) known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s}j/vhose name[s) /if^arpsubscribed to the within instrument and acknowledged to me that executed the same in j34efaeT^rfjejr)authorized capacity(ies), and that by bt signature(sj on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal KIM DUQUETTE Commission* 1481666 Notary Public - California San Diego County Signature of Notary (This area for official notary seal) Title or Type of Document }4dd f4AWl I^SS A^^^nrM^CW//)^ Date of Document ) M \'2C>C> Lo/ / Signer(s) other than named above No. of Pages <^r— H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 EXHIBIT "A" 5158 DESCRIPTION PARCEL A: (ASSESSOR'S PARCEL NO. 215-070-13) THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: (ASSESSOR'S PARCEL 215-070-36) THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION OF SAID LAND, LYING WITHIN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 22, 1997 AS DOCUMENT NO. 1997-0651331, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT 68.558 ACRE PARCEL AS SHOWN ON RECORD OF SURVEY NO. 9812, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 18 OCTOBER, 1984; THENCE ALONG THE SOUTH LINE OF SAID PARCEL NORTH 89°13'59M WEST A DISTANCE OF 260.22 FEET TO THE "TRUE POINT OF BEGINNING"; THENCE SOUTH 40°20'11" EAST A DISTANCE OF 71.65 FEET TO THE BEGINNING OF A 1451.00 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25836'53" AN ARC DISTANCE OF 648.69 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 14°43'18" EAST A DISTANCE OF 560.32 FEET TO THE BEGINNING OF A 25.00 FOOT TANGENT CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°30'55" AN ARC DISTANCE 40.37 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72°45'47" WEST A DISTANCE OF 152.15 FEET TO THE BEGINNING OF A 25.00 FOOT TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 87°29'05" AN ARC DISTANCE OF 38.17 FEET; THENCE TANGENT TO SAID CURVE, NORTH 14°43'18" WEST A DISTANCE OF 567.00 FEET TO THE BEGINNING OF A 1349.00 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°36'53" AN ARC DISTANCE OF 603.09 FEET; THENCE TANGENT TO SAID CURVE, NORTH 40°20'11" WEST A DISTANCE OF 160.64 FEET TO SAID SOUTH LINE; THENCE SOUTH 89°13'59" EAST A DISTANCE OF 135.36 FEET TO THE "TRUE POINT OF BEGINNING". ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH RECORDED NOVEMBER 5, 1999 AS FILE NO. 1999-0740360, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "L.S. 5894" PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72°12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTSRLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "LS. 5894"; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72°12'46 EAST (WORTH 5159 Page 2 DESCRIPTION Order No. 33041084 72°47'00" EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'01" A DISTANCE OF 65.57 FEET (02°41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50'53", A DISTANCE OF 680.46 FEET; THENCE NORTH 41°40'52 EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°47'26" A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL «B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631, OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87°31'42" EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL »B", SAID POINT BEING OCCUPIED BY A 3/4 INCH IRON PIPE MARKED "RGB 8210". THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. N075924 RECORDED SEPTEMBER 12, 1997 AS FILE NO. 1997-0444689, OP OFFICIAL RECORDS. PARCEL C: (ASSESSOR'S PARCEL NO. 214-550-01) LOT 1 OF CARLSBAD TRACT 91-12, MARINERS POINT UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13394, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFONIA ON JANUARY 24, 1997.