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Home My WebLink AboutCT 2022-0001; Carlsbad Village II LLC; 2024-0298156; Hold Harmless Agreement/Releaseconstruction 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. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&A\PROJECTS\CT 2022-0001: ROW2023-0851; GR2023-0044 -Hope Apartments_O.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 Page Number: 1 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: TENTATIVE TRACT NO. (CARLSBAD VILLAGE II), BEING A SUBDIVISION OF THE FOLLOWING: PARCEL 1: (APN: 203-320-02-00) THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY LINE OF TRACT NO. 119 OF SAID CARLSBAD LANDS AS SHOWN ON SAID MAP NO. 1661; THENCE SOUTH 55° 27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 117, A DISTANCE OF 1380.91 FEET TO A POINT; THENCE NORTH 34° 33' WEST, A DISTANCE OF 450.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO AUGUSTA ASMUS BY DEED RECORDED JULY 20, 1920 IN BOOK 824, PAGE 17 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55° 27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID LAND SO CONVEYED TO SAID ASMUS, A DISTANCE OF 56.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55° 27' WEST ALONG SAID SOUTHEASTERLY LINE OF SAID ASMUS LAND 56.25 FEET; THENCE SOUTH 34° 33' EAST 140 FEET; THENCE NORTH 55° 27' EAST, 56.25 FEET TO INTERSECTION WITH A LINE WHICH BEARS SOUTH 34° 33' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 34° 33' WEST 140 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 203-320-20-00) ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GRAND AVENUE WITH THE SOUTHWESTERLY BOUNDARY OF TRACT 117, AS SHOWN ON SAID MAP, SAID POINT BEING ALSO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY, A CORPORATION TO AUGUSTA ASMUS, BY DEED DATED APRIL 13, 1920 AND RECORDED IN BOOK 824, PAGE 17 OF DEEDS; THENCE SOUTH 34° 33' EAST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 117, DISTANCE OF 140 FEET; THENCE NORTH 55° 27' EAST 50 FEET; THENCE NORTH 34° 33' WEST 140 FEET TO INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LAND CONVEYED TO ASMUS ABOVE REFERRED TO; THENCE SOUTH 55° 27' WEST ALONG SAID LINE SO FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF TRACT 117 DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE CENTERLINE OF GRAND AVENUE WITH THE SOUTHWESTERLY BOUNDARY OF TRACT 117, AS SHOWN ON SAID MAP NO. 1161; THENCE SOUTH 34° 33' EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34° 33' EAST 3.21 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65° 22' 48" FEET, AN ARC DISTANCE OF 6.28 FEET; THENCE SOUTH 55° 27' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING AS GRANTED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, BY DEED RECORDED MAY 23, 1967 AS FILE NO. 72888 OF OFFICIAL RECORDS. Page Number: 2 PARCEL 3: (APN: 203-320-40-00 AND 203-320-41-00) PARCELS 1 AND 2 OF PARCEL MAP 2868 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 22, 1974. EXCEPTING THEREFROM ALL THAT PORTION OF PARCEL 1 AND 2 OF PARCEL MAP 2868 THAT WAS GRANTED TO THE CITY OF CARLSBAD BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 2, 1994, AS INSTRUMENT NO. 1994-0376671 OF OFFICIAL RECORDS. PARCEL 4: (APN: 203-320-48-00 AND 203-320-51-00) A NON-EXCLUSIVE EASEMENT FOR INGRESS-EGRESS AND DRIVEWAY PURPOSES OVER THAT PORTION OF TRACT NO. 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 01, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117 WITH THE WESTERLY BOUNDARY LINE OF TRACT NO. 119 OF SAID CARLSBAD LANDS, AS SHOWN ON SAID MAP; THENCE SOUTH 55°27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 117 A DISTANCE OF 1330.91 FEET TO THE SOUTHEASTERLY CORNER OF A RECTANGLE PARCEL KNOWN AS PARCEL #5; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID ELM STREET SOUTH 55°27' WEST A DISTANCE OF 7.0 FEET TO THE NORTHEASTERLY LINE OF A PAVED DRIVEWAY; THENCE ALONG SAID LINE NORTH 34°33' WEST, A DISTANCE OF 2.31 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ON THE PROPOSED NORTHWESTERLY RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE, (PREVIOUSLY KNOWN AS ELM AVENUE), AS SAID LAST MENTIONED LINE IS REFERRED TO IN VARIOUS PLANS AND DOCUMENTS RELATING TO THAT CERTAIN CITY PROJECT KNOWN AS STREETSCAPE PHASE V; THENCE, CONTINUING NORTH 34°33' WEST, A DISTANCE OF 96 FEET TO A POINT; THENCE SOUTH 55°27' WEST A DISTANCE OF 43 FEET TO THE NORTHEASTERLY LINE OF PARCEL NO. 2 OF PARCEL MAP NO. 2868, FILED IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID LINE SOUTH 34°33' EAST, A DISTANCE OF APPROXIMATELY 96 FEET TO A POINT ON THE PROPOSED RIGHT-OF- WAY LINE OF CARLSBAD VILLAGE DRIVE; THENCE ALONG SAID LINE NORTH 55°27' EAST, A DISTANCE OF 43 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE OF HOPE AVENUE AND GRAND AVENUE, SAID POINT BEING MARKED WITH A SPIKE WITH PUNCH AS SHOW ON THAT CERTAIN RECORD OF SURVEY, 22249, RECORDED JANUARY 2016 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE, LEAVING SAID POINT RUNNING ALONG THE CENTERLINE OF GRAND AVENUE NORTH 55°26'30" EAST A DISTANCE OF 353.76 FEET TO A POINT, SAID POINT BEING THE NORTH EAST CORNER OF PARCEL B, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; Page Number: 3 THENCE, LEAVING SAID POINT SOUTH 34°31'03" EAST A DISTANCE OF 209.99 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE, ALONG A TANGENT CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 60.00 FEET, RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.12 FEET, HAVING A CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE; THENCE, SOUTH 10°28'57" WEST A DISTANCE OF 137.60 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE, ALONG A TANGENT CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 55.00 FEET, RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.20 FEET, HAVING A CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE; THENCE, SOUTH 34°31'03" EAST A DISTANCE OF 61.92 FEET TO A POINT ON THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE, AS SHOWN ON THAT CERTAIN PARCEL MAP 21619, RECORDED SEPTEMBER 12, 2018, SAID POINT BEING DISTANCE THEREFROM SOUTH 55°26'50" WEST A DISTANCE OF 220.26 FEET FROM THE INTERSECTION OF THE EAST LINE OF PARCEL 'A' OF SAID PARCEL MAP AND THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE; THENCE, RUNNING WESTERLY ALONG THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE SOUTH 55°26'50" WEST A DISTANCE OF 35.00 FEET TO A POINT; THENCE, LEAVING THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE RUNNING ALONG THE WESTERLY LINE OF SAID PARCEL 'B' NORTH 34°31'03" WEST A DISTANCE OF 310.01 FEET TO AN ANGLE POINT; THENCE, SOUTH 55°34'59" WEST A DISTANCE OF 56.29 FEET TO AN ANGLE POINT; THENCE, NORTH 34°29'33" WEST A DISTANCE OF 140.28 FEET TO A POINT ON THE CENTER LINE OF GRAND AVENUE, SAID POINT BEING DISTANCE THEREFROM NORTH 55°26'30" EAST A DISTANCE OF 131.55 FEET THE INTERSECTION OF THE CENTER LINE OF HOPE AVENUE AND GRAND AVENUE, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 'B'; THENCE, RUNNING ALONG THE CENTER LINE OF GRAND AVENUE NORTH 55°26'30" EAST A DISTANCE OF 222.21 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6: A 24' WIDE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AND INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN RECIPROCAL ROADWAY GRANT OF EASEMENT AND EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384167 OF OFFICIAL RECORDS. PARCEL 7: AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN Page Number: 4 DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT AGREEMENT [11 PERMANENT PARKING SPACES] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384168 OF OFFICIAL RECORDS. PARCEL 8: AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT AGREEMENT (4 SPACES) RECORDED SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384405 OF OFFICIAL RECORDS. PARCEL 9: AN EASEMENT FOR THE PLACEMENT, OPERATION, ILLUMINATION AND USE OF EXISTING MONUMENT SIGNAGE FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN SIGN EASEMENT AGREEMENT RECORDED SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384406 OF OFFICIAL RECORDS. PARCEL 10: AN EASEMENT FOR THE USE, REPAIR AND MAINTENANCE OF SANITARY SEWER PURPOSES FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN UTILITY EASEMENT AGREEMENT (FOR BENEFIT OF MOTEL 6 JV OWNERS) [SANITARY SEWER] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384169 OF OFFICIAL RECORDS. PARCEL 11: AN EASEMENT FOR DRAINAGE, FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN DRAINAGE EASEMENT AGREEMENT (FOR THE BENEFIT OF MOTEL 6 JV OWNERS) RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384170 OF OFFICIAL RECORDS.