HomeMy WebLinkAboutCDP 2019-0015; Carefree Holdings LLC; 2022-0036147; Hold Harmless Agreement/ReleaseRECORDING 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
DOC# 2022-003614 7
1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII 1111
Jan 25, 2022 12:40 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 155-140-10 -----------PROJECT ID: CDP2019-0015 -----------PROJECT NAME: Sauer Residence _________ _...;. ____ _
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 531-3A) f.or
development to occur on property more particularly described as (see attached, Exhibit "N),
I/We, Carefree Holdings, LLC, a Colorado Limited Liability Company, the owner(s) of ssid
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
occurring during the construction work or improvements as specified in this agreement.
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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 pub ic
facilities.
It is further agreed that this agreement shall be binding on all heirs, successors :>r
assigns having an interest in all or any part of the property described herein.
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EXHIBIT A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF TRACT 3 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1719, FILED IN THE OFFICE OF
THECOUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT 3; THENCE NORTH 0°02' WEST ALONG THE
EASTERLY LINE OF SAID TRACT 295.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 0°02' WEST ALONG SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF JEFFERSON STREET
(FORMERLY FRONT STREET), 100.00 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN
DEED TO JOHN E. EHRf-!ARDT AND WIFE, RECORDED NOVEMBER 9, 1953 IN BOOK 5041, PAGE 136 OF
OFFICIAL RECORDS; THENCE SOUTH 89°58' WEST ALONG THE SOUTHERLY LINE OF SAID LAND 97.48
FEET TO THE SOUTHWESTERLY CORNER THEREOF; BEING ALSO THE NORHTEASTERLY CORNER OF THE
LAND DESCRIBED IN DEED TO LORENZA LSTORY RECORDED DECEMBER 3, 1953 IN BOOK 5065, PAGE 20
OF OFFICIAL RECORDS; THENCE SOUTH 89°58' WEST ALONG THE NORTHERLY LINE OF SAID STORY LAND
132.64 FEET TO THE NORTHWESTERLY CORNER THEREOF AND SOUTH 18°39'59" WEST ALONG THE
WESTERLY LINE OF SAID LAND-120.45 FEET; THENCE NORTH 86°58' EAST 269.32 FEET TO THE TRUE.
POINT OF BEGINNING.
APN: 155-140-10-00