HomeMy WebLinkAboutAMEND 2023-0001; 5801-5807 Van Allen Owner LLC; 2025-0257713; 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# 2025-0257713
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Sep 17, 2025 10:07 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-120-01-00 -------------PROJECT ID: AMEND2023-0001
PROJECT NAME: 5801 Van Allen Way
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 512-78) for development to occur
on property more particularly described as (see attached, Exhibit "A"), I/We, 5801-5807 Van Allen Owner,
LLC., a Delaware limited liability company, the owner(s) 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.
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.
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 )-5 t I... day of
A.ii ~ ✓}} , 20 ?-5 .
5801-5807 VAN ALLEN OWNER, LLC., a Delaware limited liability
company
By:
Date:
By: SANTAN GEM, L.P., a Delaware partnership
Its sole member
(sign here)
Justin Loiacono -Authorized Signatory
(print name and title)
Av~ vS }-}. ~, )-.o).. 5
(Proper notarial acknowledgment of execution by owner(s) 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:
CINDIE K. MCMAHON
City Attorney
By, C ~:i.4--
c. Dalton Sorich
Assistant City Attorney
City of Carlsbad
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ~CV'\1 f.-
On B /2//:Z-<YZG before me, Reeol S¼-€~111-te.r Noh PvJ{JC/
(insert name and title of the officer)
personally appeared (f I.A? Hn l-C, I {)L lCJ ao '
who proved to me on the basis o 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 the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __ ~--=l""------------(Seal)
For APN/Parcel ID(s): 212-120-01 and
EXHIBIT A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL A: APN: 212-120-01-00
LOT 75 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811 , FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987.
PARCEL B:
AN EASEMENT FOR LANDSCAPING AND MAINTENANCE PURPOSES OVER A PORTION OF LOT 109 OF THE CITY
OF CARLSBAD TRACT NO . 85-24 UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, AS SET FORTH IN THAT CERTAIN "LANDSCAPE AND
MAINTENANCE EASEMENT" RECORDED JUNE 24, 2009 AS INSTRUMENT NO. 2009-0346261 , OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 109 OF CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE
OFFICE OF THE COUNTY RECORDER MAY 16TH, 1991 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 109, SAID POINT BEING ON THE SOUTHERLY RIGHT OF
WAY LINE OF FARADAY AVENUE (84 FEET WIDE);
THENCE SOUTH 58° 48' 20" WEST A DISTANCE OF 40.76 FEET,
THENCE SOUTH 22° 44' 04" WEST A DISTANCE OF 260.97 FEET;
THENCE SOUTH 26° 09' 22" EAST A DISTANCE OF 37.36 FEET TO THE EASTERLY LINE OF LOT 109;
THENCE NORTH 12° 20' 45" EAST A DISTANCE OF 23.01 FEET TO THE SOUTHWESTERLY CORNER OF LOT 75
OF CARLSBAD TRACT NO. 85-24 UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 11811 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19, 1987;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 75 NORTH 22° 44' 04" EAST A DISTANCE OF 295.85 FEET TO
THE POINT OF BEGINNING.