HomeMy WebLinkAboutMS 04-03; Casa Laguna II LLC; 2004-1201097; Hold Harmless Agreement/ReleaseDOC # 2004-1 201 097
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 21,2004 4:45 PM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE
GREGC7H'r'J SMITH, COUNTY RECORDER
FEES 0 QU
4 FAG E S
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 155-223-20-00
PROJECT NO. & NAME: MS 04-03
Casa Laauna II
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. Dwg.421-2A) for
development to occur on property described in Exhibit A (attached), we, CASA LAGUNA II,
LLC, a California Limited Liability Company, 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.
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H:/Development SelvicesiMastersiBonds & AgreeemnisiHold Harmless Agreement Drainage Rev. 12/08/98
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 k fil 1 dayof &WYi ,20 0-4.
PROPERTY OWNERS
CASA LAGUNA II. LLC. a California Limited Liabilitv Co.
(Sign Here)
H. David Buckmaster, its President
(Print Name and Title)
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
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H:/Development SeNices/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/96
State of California 1 1
County of San Diego 1
(Nark$ Title of Officer)
On 104 before me, L * woA dC3
(Date) - personally appeared Cl .h/ln . g, Gcn/l&<cx
(Name[s] of Signer[s])
L__
‘L 0 personally known to me -OR -R
(proved to me on the basis of satisfactory evidence) to be the personw whose namew
idare subscribed to the within instrument and acknowledged to me thawshdthey
executed the same i-ir authorized capacity(+), and that b-hedtheir
signature@) on the instrument the person(s), or entity upon behalf of which the person($
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
r I/ Title or Type of Document hx-b t-hac2fl/u_~x h-&- -t3us\ i-7-
No. of Pages 3 Date of
Document kwr4 =a, bQq
Signer(s) other than named above /.A
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H:IDevelopment Services/Masters/Bonds & AgreeenmIslHold Harmless Agreement Drainage Rev. 12/08/98
File No: 01 113723
EXHIBIT 'A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
That portion of Lot 1 in Fractional Section 1, Township 12 South, Range 5 West,
San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to Official Plat thereof, described as follows:
Commencing at the intersection of the North line of Laguna Drive with the West
line of Front Street as shown on Map No. 1722 of Seaside Lands filed in the
Office of the County Recorder of San Diego County July 28, 1921; thence North
89O50' West along the said North line of Laguna Drive 704 feet to the True Point
of Beginning; thence continuing along the said North line of Laguna Drive, North
89O50' West, 90.00 feet; thence North OOO5' East, 256 feet to a point on the
Southerly boundary of Buena Vista Gardens, according to Map thereof No. 2492,
filed in the Office of the County Recorder of San Diego County August 4, 1948;
thence South 89O50' East along said Southerly boundary, 9O:OO feet; thence
South OOO5' West 256.00 feet to the Point of Beginning.
Assessor's Parcel Number: 155-223-20-00
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