HomeMy WebLinkAboutMS 04-17; Tamarack Park LLC; 2008-0071207; Hold Harmless Agreement/ReleaseIP
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2008-0071207
FEB12, 2008 9:56 AM
riFFlCIAL RECORDS
Si-N DIFiiO nOUNTY RECORDER'S OFFICE
R R E' 10 RY. I S MIT H. CO U N T Y R E CO R D E R
FEEV 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-102-16
PROJECT NO. & NAME: MS 04-17
Madison Square
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 451-1 A) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No. APN 203-102-16, I/We, Tamarack Park, 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
H:\Development Services\PROJECTS\MS FILESWIS 04\MS 04-17 Madison Square - Van Peski\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG
451-1A).doc
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
day of/^2.r. Q,.,., ^, £^
PROPERTY OWNERS
Tamarack Park LLC, a California limited liability company
By: Bcwce B. Baker, as sole managing member
(Sign Here) -^
Bruce B. Baker, sole managing member
(Print Name and Title)
Date:
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
By:
Dputy~City Attorne
2
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4S1-1AJ.doc
State of California
County of San Diego
On D-U-Jso'T before me, \<L _kL
(Date)
personally appeared \*}i> ov (_
'(Name, Title olJbfficer)
£_
(Name[s] of Signer[s])
mowri to rftg-OR
(proved to me on the basis of satisfactory evidence) to be the person,(8) whose
is/are- subscribed to the within instrument and acknowledged to me that he/ohc/thoy
executed the same in his/hor/thofr authorized capacity(Je§£ and that by his/her/their
signaturetsfon the instrument the person(s}Tor entity upon behalf of which the person(s)^'
acted, executed the instrument.
WITNESS my hand and official seal
RENU A. KHANNA
Commission* 1663373
Notary Public - California
San Diego County
My Comm. Expires May 2,2010
- A-V\
Signature of Notary
(This area for
official notary seal)
Title or Type of Document K o \A VU*, •>
r\ s ~^. -»Date of Document ( &/- W-ryOO"7
^^ J^ _^w
No. of Pages of. -
Signer(s) other than named above
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4S1-1A).doc
•f
EXHIBIT 'A'
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
ALL THAT PORTION OF LOT 37 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1722, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT WHICH IS NORTH 55
DEGREES 27 EAST 170 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT; THENCE
SOUTH 34 DEGREES 33* EAST ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF
SAID LOT, 50 FEET; THENCE NORTH 55 DEGREES 2T EAST ALONG A LINE PARALLEL WITH THE
SAID NORTHWESTERLY LINE OF SAID LOT, 203.24 FEET TO THE NORTHEASTERLY LINE OF
SAID LOT; THENCE NORTH 34 DEGREES 33' WEST ALONG SAID NORTHEASTERLY LINE, 50
FEET TO THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTH 55 DEGREES 27'
WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT, 203.24 FEET TO THE POINT OF
BEGINNING.
APN: 203-102-16-00
Hist American Tide
1 OF1 Rev 08/09/2007