HomeMy WebLinkAboutSDP 98-19; Manzanita Partners LLC; 2003-1402170; Hold Harmless Agreement/ReleaseDOC # 2003-1402170
NOW 21s 2003 4:06 FM
OFfICICy l?EcaE SEW DIEM COUHTY RECORDER'S OFFICE
GRujoRy J. SHITHs coIRI[Y RECORDER FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
~ SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 21 5-020-1 3-00,215-O20-22-00,215-021-04~00
PROJECT NO. 8 NAME: SDP 98-49
Manzanita Apartments
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG No. 389-9A) and
improvement plans (DWG 389-9) for development to occur on property described as attached
Exhibit "A, (I)We, Manzanita Partners 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
dr5nags sysk~ 3: other in"n*ovexenf~ vi identi:iec! In the =;?;:LY:~ p!zns; cr by the dcsi~n,
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
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.
I.. *. *". . .. . - 1- <r Li , *
1 H /Development Services/Masters/Bonds & Agreeemts/Hold Harmless Agreement Drainage Rev 12/08/98
It is further agreed that this agreement shall be binding on all heirs, successors or
IN WITNESS WHEREOF, the undersigned has executed this instrument this 694
assigns having an interest in all or any part of the property described herein.
day of ,&e usf ,2003.
PROPERTY OWNERS
Manzanita Partners LLC, a California Limited Liabilitv ComDanv
Bv: ConAm Manzanita L.P.. a California Limited PartnershiD. Its Manaaina Member
Bv: Continental American ProDerties. Ltd.. a California Limited Partnershin Its General Partner
Bv: DJE Financia! Gorp., a Ca!ifornia Corporation, Its General Partner7
By:
Date: 8-6 -03.
E. =2w-’z;e, ImkF re#Rv
(Print Name and Title)
Date: 8-b-03
Dper notari I 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 corpciation inus t attach a resoiution
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
2 WDevelopment Services/Masters/Bonds 8 Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
Acknowledgment
State of California )
County of San Diego )
) ss.
On August 6, 2003, before me, Dollie G. Lewis, Notary Public, personally appeared J.
Bradley Forrester and E. Scott Dupree, personally known to me (-
) to be the person(s) whose name(s) dare subscribed to
the within instrument and acknowledged to me that kkbelthey executed the same in
kisCkeF/their authorized capacity(ies), and that by -/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person@) acted,
executed the instrument.
[seal] WITNESS my hand and official seal,
NOTARY PUBLIC-C ALIFORNI A (SIGNATURE OF NOTARY)
EXHIBIT “A
LEGAL DESCRIPTION
PARCEL 1 :
THAT PORTION OF THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING WESTERLY
TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 18, 1969 AS FILE NO.
230092 OF OFFICIAL RECORDS.
OF THE WESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED
PARCEL 2:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE COUNTY OF
SAN DIEGO BY DEEDS RECORDED NOVEMBER 24, 1969 AS FILE NO. 214742 AND
JUNE 22,1970 AS FILE NO 108453, BOTH OF OFFICIAL RECORDS
Rev. 12/08/98