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HomeMy WebLinkAboutPUD 09-02; Life Technologies Corporation; 2010-0102313; Hold Harmless Agreement/ReleaseDOC# 2010-0102313 5P RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAR 02, 2010 8:48 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-130-49 PROJECT ID: PUD 09-02 PROJECT NAME: Life Technologies RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 462-7A) for development to occur on property more particularly described as (see attached Exhibit "A"), I/We, Life Technologies Corporation (formerly Invitrogen Corp.) 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 employee thereof be liable or responsible for any accident, loss or damage happening or 1 H:\Development Services\PROJECTS\PUD FILES\PUD 09VPUD 09-02 Life Technologies - Riddle\B & AXHOLD HARMLESS AGREEMENT DRAINAGE (DWG 462-7).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 22. day of QcVoba-r , 20 Q^ . OWNER(S) Life Technologies Corporation (formerly Invitrogen Corp.) a Delaware Corporation By: (Sign Here') (Print Name and Title) * Date: 2>*c> QcJbUr V. Date: (Print Name dnd Title) . f), APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney (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. 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.) H:\Development Services\PROJECTS\PUD FILES\PUD 09\PUD 09-02 Life Technologies - Riddle\B & ANHOLD HARMLESS AGREEMENT DRAINAGE (DWG 462-7J.doc EXHIBIT "A" A CONSOLIDATION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 97-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17971, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 54°09'07" EAST 313.93 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AS DEDICATED PER CARLSBAD TRACT NO. 85-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991, SAID POINT ALSO LIES ON THE ARC OF A 1949.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 70°10'06" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 935.87 FEET THROUGH A CENTRAL ANGLE OF 27°30'44" TO A POINT OF COMPOUND CURVATURE WITH A 2349.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL LINE FROM SAID POINT BEARS NORTH 42°39'22" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 0.47 FEET THROUGH A CENTRAL ANGLE OF 0°00'41" TO A POINT OF COMPOUND CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; NORTHWESTERLY 39.41 FEET THROUGH A CENTRAL ANGLE OF 90°19'50" SAID POINT ALSO LIES IN THE NORTHEASTERLY RIGHT OF WAY LINE OF FARADAY AVENUE AS DEDICATED PER SAID MAP NO. 12815; THENCE ALONG SAID RIGHT OF WAY LINE; NORTH 42°18'51" WEST 81.10 FEET TO THE BEGINNING OF A 1242.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 386.56 FEET THROUGH A CENTRAL ANGLE OF 17°49'58" TO A POINT OF REVERSE CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SATO CURVE NORTHEASTERLY 42.18 FEET THROUGH A CENTRAL ANGLE OF 96°40'47" TO A POINT WHICH LIES ON THE SOUTHERLY RIGHT OF WAY OF VAN ALLEN WAY AS DEDICATED PER SAID PARCEL MAP NO. 17971; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 36°31'58" EAST 55.85 FEET TO THE BEGINNING OF A 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE NORTHEASTERLY 125.35 FEET THROUGH A CENTRAL ANGLE OF 27°12'19"; THENCE NORTH 63°44'17" EAST 158.87 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'51"; THENCE NORTH 82°28'06" EAST 50.0 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SATO CURVE NORTHEASTERLY 114.19 FEET THROUGHT A CENTRAL ANGLE OF 109°02'51'" THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 63°25'17" EAST 52.84 FEET THENCE; NORTH 35°50'53" EAST 366.81 FEET TO THE POINT OF BEGINNING. APN: 212-130-49 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date7 personally appeared ^.OCff before me, 3 . £oMar>. yi Puhh Here Insert Name and Title of the Officer //•v, C77". Name(s) of Signer(s) 1 COUON Commission * 1673726 Notary Pubte - CoMomla San Diego County My Comm. Expire Jun 9,2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name^^are- subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in his/her/their authorized capacity(ies), and that by his/beriftheir signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, 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 my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public Though the information below /s 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: /~/O/W /-/^ fnr>/e£S Document Date: /Jd7 ^^ <=?££> y _ _Number of Pages: Signer(s) Other Than Named Above:<z*~~f- -i~h\^S> -/ f / Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Officer — Title(s): . D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: rtf, Jsfgner's Name: RIGHTTHUMBPRINT OF SIGNER Top of thumb here D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact CH Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 91313-2402 • wvmv.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of; On Date personally appeared <.>16beforeme. J <DflVJjQ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^ whose name(gXlp3re subscribed to the wjjhin instrument and acknowledged to me that /rejfehe/they executed the same in Iffisftier/their authorized capacity(i^s"), and that by l@/her/thejr signature^ on the instrument the person^, or the entity upon behalf of__.».». ^^^**j monument u ic pcioui lyoy, ui .u IB ciiiiiy upuii uci ia "KRI'STA MICHELE EISENBEISZ^ which the person(^f acted, executed the instrument. Commission #1848182 |Commission Notary Public - California San Diego County | Mw Comm. Expires May 8.20131 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - 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: 3 U,y\. Lw j~" Signer(s) Other Than Named Above: Number of Pages:. Capacity(ies) Claimed by Signer(s) : JQ>/\Signer's Name Q Individual J2T Corporate Officer — D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ±L£_ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): __ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ____ RIGHTTHUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary AssociaUon-9350 De.SotoAve., P.O. Box 2402-Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Ftee 1-800-876-6827