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HomeMy WebLinkAboutCDP 03-12; Flat Water Park LLC; 2019-0454907; 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# 2019-0454907 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Oct 10, 2019 12:29PM 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.: 206-192-49-00 ------------PROJECT ID: CDP 03-12 ------------PROJECT NAME: Adams Street SFR (North) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 423-8B) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Flat Water Park, LLC a California 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 Q \CED\LandDev\PROJECTSICDPICDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A -DWG 423-B\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 Ill 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A -DWG 423-B\HOLD HARMLESS AGREEMENT DRAINAGE doc 01 /25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 'Z 7 day of .S-c:P ~ (f C3;:.--, 20____._/_f__ --- OWNER(S) Flat Water Park, LLC a California limited liability company APPROVED AS TO FORM: CELIA BREWER City Attorney By {~MP* Assistant City Attorney City of Carlsbad By: Date: By: Date: James Chambers -Manager (Print Name and Title) (Sign Here) (Print Name and Title) {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.) 3 Q.ICED\LandDev\PROJECTSICDPICDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A-DWG 423-BIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Countyof ,.San Ores.0 ) On -kpk,Mlw--ol..S. -lt>l1 before me, YotJ621lL ffi12lC, /+ N@"'r!j e):,/.~ Date Here Insert Name and Title of the Officer personally appeared ___ :Ji-----'--A.,_,_fvtGS~· ~-~_c_-~HA~M~ll......,.,E-R~'---c...S:~---------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/;:w:e-- subscribed to the within instrument and acknowledged to me that he/.l:lei'II ,ey e,.ecuted the same in his/hecAl:leir authorized capacity(~. and that by his/.b9tfttmir signature(&t on the instrument the person(?}, or the entity upon behalf of which the persot1'-) acted, executed the instrument. Place Notary Seal Above 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. <,goatu,a ~~ CP~ s;gtureofNotary Public ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Partner -□ Limited □ General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q ICED\LandDev\PROJECTSICDPICDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A -DWG 423-BIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 LEGAL DESCRIPTION Order Number: DTR-5907296 Page Number: 7 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: ALL OF PARCEL 1 OF PARCEL MAP NO. 12773, IN THE CI1Y OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUN1Y RECORDER ON JUNE 20, 1983. EXCEPTING THEREFROM THE FOLLOWING PORTION OF SAID PARCEL 1, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 65°56'33" EAST, 4.35 FEET (NORTH 65°32'23" EAST PER SAID PARCEL MAP NO. 12773); THENCE LEAVING SAID NORTHERLY LINE, SOUTH 21 °59'22" EAST, 80.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 73°47'43" WEST, 16.03 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 13°39'00" WEST, 79.95 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE WITH CONDillONS RECORDED APRIL 07, 2005 AS INSTRUMENT NO. 05-287693, OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR ROAD AND UTILI1Y PURPOSES AND DRAINAGE OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12773, IN THE cm OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 12773 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, JUNE 20, 1983, DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS "15 FOOT EASEMENT RESERVATION FOR DRAINAGE, UTILITIES, INGRESS AND EGRESS". APN: 206-192-49-00 First American Title Page 7 of 15