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
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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.
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Masters/Forms/Hold Harmless Agt Drainage Masters/Forms/Hold Harmless Agt Drainage Rev. 8/l 8197
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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
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State of California 1
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State of California
County of San Diego
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Masters/Forms/Hold Harmless Agt Drainage
6
Rev. 8118197
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Masters/Forms/Hold Harmless Agt Drainage Rev. 9/19197
State of California 1811 *
County of San Diego 1
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Masters/Forms/Hold Harmless Agt Drainage
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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