HomeMy WebLinkAboutRP 99-11; ESA Services Inc; 2001-0617469; Hold Harmless Agreement/Release.
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOG I# 2001-0617469
RUG 29, 2001 2:ofj PM
oFF1c1AL Em ~~~~~~
F&s: ’ 19.00
l o 3 ” O llll~lll~l~ll~ll~ll~ll~ll~l~~l~l~~l~~~~~ll 20014617460
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 203-130-l&18,20 & 34- 00
PROJECT NO. & NAME: RP 99-11
Extended Stav America
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. DWG 394-2A) and
improvement plans (Plan No. DWG 394-2) for development to occur on property described as
(see Exhibit “A”), We, ESA Services, Inc., 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.
I----- 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.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
Masters/Fomxs/Hold Harmless AQt Drainage
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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 17
dayof x-7 ,200,/.
(Sign Here)- v Shawn R. Ruben vice Presrdent - Development
(Print Name and Title)
Date: 7/l
By:
(Sign Here)
Assistant Secretary
(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:
Masters/Forms/Hold Harmless Agt Drainage Rev. 1 iYO9/98
Exhibit “A” 10352
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SJTUATED TN THE STATE OF CALIFORNIA, COUhTy
OF SAN DIEGO. AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE EAST 143.05 FEET OF THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE Cl-l-Y
OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP
THEREOF NO. 1661. FILED IN THE OmCE OF THE RECORDER OF SAID SAN DIEGO COUNTY
MAY 1.1915 BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID TRACT 117 AND DISTANT THEREON
SOUTH 89’57’00” EAST. 658.95 FEET FROM THE MOST NORTHWESTERLY CORNER OF SAID
TRACT; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89’57’00” EAST, DISTANCE
OF 671.05 FEET TO A POINT; THENCE SOUTH OO”03Y)O” WEST, A DISTANCE OF 330.00 FEET TO
POJNT; THENCE NORTH 89°57’OO” WEST. A DISTANCE OF 671.43 FEET TO A POINT; THENCE
NORTH OO”05’OO” EAST. A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING.
THE WE!ZTERLY LINE OF SAID EAST 143.05 FEET BEING PARALLEL WlTH THE EAST LINE OF
THE ABOVE DESCRIED TRACT.
PARCEL 2:
THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE Cl-l-Y OF CARLSBAD, COUNTY
OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1661, FILED IN
THE OmCE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915. DESCRIBED
As FOLLOWS:
COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID TRACT 117; THENCE
NORTH 89’57’ WEST ALONG THE NORTHERLY LINE OF SAID TRACT’. 1211.82 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH O”O3’ WEST 330.00 FEET; THENCE SOUTH 34’33’
EAST 105.80 FEET; THENCE NORTH 55’27’ EAST TO A POINT IN THE NORTHEASTERLY LINE
OF THE LAND DESCRIBED IN DEED TO DONALD A. MCLEAN, RECORDED JULY 19. 1952 l-N
BOOK 4500, PAGE 83 0F 0mcwL RECORDS BEING A POJNT JN THE s~UD-~WJ~STERLY LnvE
OF THE CALIFORNIA STATE HIGHWAY Xl-SD-2-B; THENCE NORTHWESTERLY ALONG THE
NORTHEASTERLY LINE OF SAID MCLEAN LAND TO SAID NORTHERLY LINE OF TRACT I 17;
THENCE WESTERLY ALONG SAID NORTHERLY LINE To THETRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING EASTERLY OFTHE FOLLOWING DESCRIBED LINE:
COMMENCING FOR REFERENCE AT A POINT ON THE CENTER LINE OF ELM AVENUE
DISTANT ALONG SAID CENTER LINE NORTH 55O58’03” EAST 617.13 FEET FROM THE
INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE HARDING STREET -
FORMERLY Fm-1’H STREET; THENCE NOR’I’H 34OO1’57” WEST 40.00 FEET; THENCE NOK’L’H
10°10’18” WEST 3.72 FEE-I-TO THE TRUE POINT OF BEGINNTNG; THENCE CONTINUING NORTH
lO”10’18” WEST 315.51 FEET; THENCE NORTH 16O3724” WEST 175.70 FEET; THENCE NORTH
17’51’38” WEST 566.95 FEET; THENCE NORTH 22°33’07” WEST 490.19 FEET TO A POTNT ON THE
CENTERLINE OF KNOWLES AVENUE, DISTANT ALONG SAID CENTER LINE SOUTH 89”06’33”
EAST 202.07 FEET FROM THE IN’L’ERSECI-lON OF LAST SAID CENTER LINE WITH 1‘Iif.i
EASTERLY LINE OF BLOCK 13 SUNNY SL.GFE TRACT OF CARLSBAD, ACCORDING TO MAP
THEREOF NO. 995. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
JUNE 6.1906.
THE BEARING AND DISTANCES USED IN THE ABOVE MCEFTION ARE ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, MULTIE’LY ALL DISTANCES USED IN THE ABOVE
DESCRIPTION BY 1.0000472 TO OBTAIN GROUND LEVEL DISTANCES.
PARCEL 3:
THAT PORTION OF LGT 31 IN SCHELL AND SITES ADDITION TO CARLSBAD, THE CITY OF
CARLSBAD. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2145, FILED TN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ’
COUNTY, FEBRUARY 20, 1929. LYING NORTHEASTERLY OF THE. LOCATION AND
PROLONGATION OF A LINE WHICH IS PARALLEL WlTH AND 50 FEET NORTHEASTERLY,
MEASURED ALONG THE SOUTHEASTERLY LOT LlNE, FORM THE SOUTHWESTERLY LINE OF
SAID LOT 31.
\0353”
State of 1
z$QbWfw~ 1 County of Saf+Mgu 1
On (‘?$T/oi beforeme, $dtihJ/& d &~ti~~N~$~&~-
I
personally appeared S’Nfitid k~ h&-2& /? h)D
(Name[s] of Signer[s])
c l personally known to me -OR - l
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official Seal
Signature of Notary official notary seal)
Title or Type of Document
Date
Document
of No. of Pages
Signer(s) other than named above
MastersIFomM-lold Harmless A9t Drainage
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Rev. 12/08/98