Loading...
HomeMy WebLinkAboutRMHP 96-01; Rancho Carlsbad Partners; 1998-0055997; Hold Harmless Agreement/Release~DtlC ii- 1998-0055997 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 FEB 041. 1998 8:24 f’Wl OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE 1802 GREGORY J. SMITH, GOWTY RECORDER FEES: 0.00 I 111111 lllll II lllll Ill1 ~~~~~~~~~~lllll III II111 lllll Ill1 II11 HARMLESS AGREEMENT In 01) for dev d, its o”$ggr$ ,A{ s** s ,,$i ‘$>f,i t j: ,*r: 5 ‘_ ; j& :?zz i_ ,$iq&:i@&$~oyees ha _; : “;& .:;:; identified in the approved proj system or other improvements identified in the above mentioned project. Approval of the RMHP 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 Masters/Forms/Hold Harmless Agt Drainage 1 Rev. 8/I ‘3/97 1803 this agreement. iage systems to insure a are accepted as public 1803 . . ’ ’ occurring during the construction work or improvements as specified in occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drain 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 free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. facilities. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II /II Masters/Forms/Hold Harmless Agt Drainage Masters/Forms/Hold Harmless Agt Drainage Rev. 8/l 8197 - 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 4% day of HUM , 1947. PROPERTY OWNERS RANCH0 CARLSBAD PARTNERS, a California General Partnership By: CARLSBERG RANCHO, LTD.,~‘~~~~~~~~~~~ Its General Partner iI &~&;,“: i P ?, ,&,. APPROV RONALD R. BALL City Attorney L. Fw OAK Sl$AI%OWS (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). I 3 Masters/Forms/Hold Harmless Agt Drainage Rev. 8/18/97 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 2: 1805 That portion of Lot “E” of Ranch0 Agua Hedionda, partly in the City of Carlsbad, and partly in the unincorporated area of the County of San Diego, State of California, according to Partition Map Thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at Corner No. 1 of said Lot “E” as said corner is shown on Record of Survey Map No, 6169, filed in the Office of the County Recorder of San Diego County; thence to and along the center line of the County road known as Road Survey No. 602, according to map on file in the Office of the County Surveyor of said County, North 66O36’08” West (record North 66O57’24” West) 1822.60 feet to the most Northwesterly line of land described in deed to Jakob Wersching, et ux, recorded April 10, 1968 as File No. 59408 of official records and the TRUE POINT OF BEGINNING; thence along the Northwesterly line of said land North 29O58’38” East (record North 29’37’22” East) 1289.80 feet to the most Northerly corner of said Wersching Land; thence South 66O36’08” East 500.00 feet to an angle point in the boundary of land described under Parcel 1 of quit claim deed to Thomas E. Burke, recorded June 16, 1967 as File No. 86380 of official records; thence along the boundary thereof, South 66O36’08” East 259.78 feet; South 89OO0’59” East (record South 89OO9’42” East) 180.00 feet and North 56O55’40” East 180.11 feet (record North 56O21’08” East 180.00 feet) to the Easterly line of said Lot “E” distant thereon North O”20’40” East 1664.64 feet from Corner No. 1 of said Lot “E”; thence along said Easterly line North OO12’22” East 937.37 feet (record North O”15’51” East 937.31 feet) to Corner No. 13 of said Lot “E”; thence along the Southerly line of said Lot “E” South 89O30’04” East (record South 89O26’35” East) 783.26 feet; thence North 34O44’03” East 663.15 feet to a 2 inch iron pipe with copper disc marked RCE 6486; thence North 15O54’25” West 630.45 feet to a point in the Southeasterly boundary of land described in deed to Oceanside-Carlsbad High School District recorded November 27, 1970 as File No. 216959 of official records; thence along said Southeasterly boundary South 53O22’17” West 1166.81 feet to a 2 inch iron pipe with copper disc marked LS 2940 as said pipe is shown on Record of Survey Map No. 6616, filed in the Office of the County Recorder of San Diego County; being also an angle point in the boundary of the land shown on Record of Survey Map No. 6616, filed in the Office of the County Recorder of San Diego County formed by the courses “North 51O47’48” East 1165.49 feet” and “North 4O20’50” East 963.88 feet; thence along said boundary South 51’47’48” West 1165.45 feet (record 1165.79 feet) and South 48O19’29” West, 404.15 feet to an angle point in the boundary of said Record of Survey No. 6616, thence continuing along said boundary as follows: South 65’14’32” West, 387.06 feet; North 77O48’20” West 635.06 feet; South 65’42’27” West 494.30 feet; South 39O44’33” West, 339.77 feet and South 30’46’06” West 331.55 feet to the center line of said Road Survey No. 682; thence South 3OO46’06” West to the Southwesterly line of said Lot “E”; thence South 66O54’57” East (record South 67O16’13” East) to the Southwesterly corner of said Wersching’s Land; thence North 29O58’38” East along the Northwesterly line thereof, 10.06 feet to the TRUE POINT OF BEGINNING. Sheet 1 of 3 ‘PARCEL 2A: 1806 That portion of Lot “E” of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map Thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at Corner No. 1 of said Lot “E” as said corner is shown on ,Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence to and along the center line of the County road known as Road Survey No. 602, according to map on file in the Office of the County Surveyor of said County, North 66O36’08” West (record North 66O57’24” West) 1822.60 feet to the most Northwesterly line of land described in deed to Jakob Wersching, et ux, recorded April 10, 1968 as File No. 59408 of official records; thence along the Northwesterly line of said land North 29O58’38” (record North 29’37’22”) East 1289.80 feet to the most Northerly corner of said Wersching Land; thence South 66’36’08” East 500.00 feet to an angle point in the boundary of land described under Parcel 1 of quit claim deed to Thomas E. Burke, recorded June 16, 1967 as File No. 86380 of official records; thence along the boundary thereof, South 66O36’08” East 259.78 feet, South 89OO0’59” East (record South 89OO9’42” East) 180.00 feet to the TRUE POINT OF BEGINNING; thence retracing North 89OO9’42” West 180.00 feet; North 66’36’08” West 259.78 feet; North 66O36’08” West 500.00 feet and South 29O37’22” West 1330.06 feet to the Southwesterly line of said Lot “E”; thence along said Southwesterly line South 67O16’13” East (record South 67°10’OO” East) 1164.63 feet; thence North 23OO2’36” East 33.62 feet, more or less, to the most Westerly corner of that parcel of land conveyed to Carroll R. Kelly and wife, by deed recorded May 2, 1962 as File No. 75052 of official records; thence along the Northwesterly line of said land North 29O37’22” East (record Northeasterly) 1213.60 feet, more or less, to the Easterly line of said Lot “E”; thence Northerly along said Easterly line 320.00 feet to a line which bears North 56O21’08” East from the TRUE POINT OF BEGINNING; thence South 56O21’08” West 180 feet, more or less, to the TRUE POINT OF BEGINNING. Excepting that portion lying within a strip of land 60 feet wide Easterly and Southeasterly line of said 60.00 foot strip being described as follows: Commencing at Corner No. 1 of said Lot “E” as said corner is shown on Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence along the Easterly line of said Lot “E”, North OOOI 1’00” West 1509.15 feet and North OO”06’OO” West 155.43 feet to the most Northerly corner of the land described in deed to Thomas E. Burke, et al recorded August 4, 1965 as File No. 139037 of official records, being the TRUE POINT OF BEGINNING of the herein described line; thence along the boundary of said land, retracing along the Easterly line of said Lot “E” South OO”36’06” East 155.43 feet and South OO”ll’OO” East 164.57 feet to an angle point in the boundary of said Burke Land; thence continuing along said boundary, South 29O37’22” West 1213.60 feet to the Northeasterly line of Road Survey No. 682. The Southerly terminus of the Northwesterly line of said 60.00 foot strip is to be prolonged or shortened so as to terminate in the Northeasterly line of said Road Survey No. 682. Sheet 2 of 3 PARCEL 2~: A strip of land 60.00 feet wide lying within Lot “E” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, the Easterly and Southeasterly line of said 60.00 foot strip being described as follows: Commencing at Corner No. 1 of said Lot “E” as said corner is shown on Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence along the Easterly line of said Lot “E”, North OOOI 1’00” West, 1509.15 feet and North OO”06’OO” West 155.43 feet to the most Northerly corner of the land described in deed to Thomas E. Burke, et al, recorded August 4, 1965 as File No. 139037 of official records, being the TRUE POINT OF BEGINNING of the herein described line; thence along the boundary of said land, retracing along the Easterly line of said Lot “El’, South OO”06’OO” East 155.43 feet and South OOOI 1’00” East 164.57 feet to an angle point in the boundary of said Burke Land; thence continuing along said boundary, South 29O17’22” West 1213.60 feet to the Northeasterly line of Road Survey No. 682. The Southerly terminus of the Northwesterly line of said 60.00 foot strip is to be prolonged so as to terminate in the Northeasterly line of said Road Survey No. 682. Sheet 3 of 3 h State of California 1 ) County of San Diego ) - onwre me, LiGTLzka* hpcfo* am , ’ personally appeared 7h42L UP- (Name[s] of Signer[s]) (proved to me on tlqd ,.&@ islsm- subscY$ executed -i signat heir authorized capacit 3lgnaru Title or Type of Dd Date of Document onally known to me -OR - 0 Signer(s) other than named above Rev. 9/l 0197 State of California County of San Diego . 180.9 On L4/@Zefore me, b A.Lw~ (Date) personally appeared (Name, Title of Officer)’ - -P-w (Name[s] of Signer[s]) (proved to me on t islat+subscrib executed ,I sonally known to me -OR - 0 ‘$7 “g&+, .itl)aaon(s) whose name@- Date of Document Signer(s) other than named above Masters/Forms/Hold Harmless Agt Drainage 6 Rev. 8118197 C State of California County of San Diego On k?$, Mybefore me, . personally appeared (Name[s] of Signer[s]) (proved to me on islaresubscrg executed 1 signatud onallv known to me -OR - 0 ion&J-whose name* . , Signatufl Date of Document Signer(s) other than named above Masters/Forms/Hold Harmless Agt Drainage Rev. 9/19197 State of California 1811 * County of San Diego 1 On ~I!,W~-<,,$~‘~ before me, L Y (Datej (Name, Title of 06cer) personally appeared I//ih+d&&q& LL$+ &!J.$iai/LcnR/ / n (Name[s] of Signer[s]) .rsonally known to me -OR - 0 (proved to me on iswsubscri Date of Document Signer(s) other than named above Masters/Forms/Hold Harmless Agt Drainage 8 Rev. Cl/18197 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ‘. No. 5907 . State of r&J&@RNIA County of 1 QS mANGF.l .F.S 1812 On /I/b,~&m XFR 6 /997’ before me, DATE ’ CASSIE S. SCHIEBEL, NOTARY PUBLIC I NAME, TITLE OF OFFICER _ E.G., “JANE WE, NOTARY PUBLIC personally appeared WILLIAM W. GEARY, JR. , NAME(S) OF SIGNER(S) personally known to me - 3ence to be the person@) whose name@) is/M subscribed to the within instrument and ac- knowledged to me that he/My executed the same in his/h&M-& authorized capacity(&), and that by his/he-H&r signature@ on the instrument the person(sj, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . dJ&L/ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT I2 INDIVIDUAL COR P RATE OFFICER /2%s/&*t d o/d $cx4mk.s.t liLkmLQn -/- b TITLE OR TYPl? OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 4- 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) i z;;;;lAN/CONSERVATOR 72 Y. f /9Y7 DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7194