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HomeMy WebLinkAboutCT 02-17; CWV La Costa 49 LLC; 2013-0664462; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 p DOCtt 2G13-0GG4462 llllllllllllllllllllllllllllllllllllllllllllllll^ NOV 07, 2013 11:42 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 223-061-01,223-061-02 CT 02-17 Fair Oaks Valley HOLD HARMLESS AGREEMENT DRAINAGE In consideration of tiie City's approval of a drainage plan(s) (DWG 440-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, CWV La Costa 49 LLC, 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 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. Q \CED\LandDev\PROJECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 440-5A).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q \CED\LandDev\PROJECTS\C'nCT 02\CT 02-17 Fair Oaks Valley - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 440-5A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 21 day of October 20. 13 OWNER(S) CWV La Costa 49 LLC, a Delaware limited liabilitv companv By: California West Communities, LLC, a California limited liability company, Its Manager By: Date: By: _ (Sign Ptefe) Donald W. Fontana, Member (Print Name and Title) (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney ^'RUITKEMP \ Assistant City Attorney (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.) Q:\CED\LandDe\APROJECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - Wickham\Bonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE (DWG 440-5A).doc 01/25/13 Siate of Califomia San Diego County of On October 21, 2013before me, Os5e M.K. Stuckey, notary public Here Inserf Name and TiUe of lhe Officer personally appeared Donald W. Fontana Name(s) of Signerfs) M. K. STUCKEY I ^/^"^T^^ Commission # 1933217 t 1^*^^^ Notary Public - California 1 1 ^^^^ ^^'^9° County ^ I My Comm. Expires May 16.20151 who proved to me on the basis of satisfactory evidence to be the person!^ whose name^) is/d© subscribed to the within instrument and acknowledged to me that hei^lp^/i\')iy executed the same in his/f^r^l^r authorized capaclty(l^), and that by his/f^r/trtfeir signatureftf) on the instrument the person^, or the entity upon behalf of which the person!^ acted, e)(ecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Race Notary Seal Above Ttiough the information below is not required by law, it may prove valuable to persons relying on itie document and could prevent fraudulent removal and reattachment of this fonn to another document. Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaeeiy(i©s) Claimed by Sign®r(B] Signer's Name: • Corporate Officer — Title(s): • individual • Partner— • Limited • General • Attomey in Fact • Trustee O Guardian or Conservator • Other: . Signer Is Representing: Top of thumb here Signer's Name: • Coiporate Officer — Title(s): • Individual • Partner — • Limited • General • Attomey in Fact • Trustee O Guardian or Conservator • Other: Signer Is Representing: t': SFSISNEIR Top of thiffnb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" DESCRIPTION PARCEL 1: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS IN THF CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNU A^^^^ TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COU^^CO^E^^" PSL'O? LA^r ''''' ™ THE FOLS^DESED BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF LOT 6 AS SHO^\'N ON LICENSED SURVEYOR'S MAP NO. 443, FILED IN THE OFF^^^^ COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 2" 2^5" WECT THE SOUTH LDsfE OF SAID LOT NORTH 87°01 '50" EAST 1318 FEET MORF OR I F<!<; TO THE EAST I fNE OF SAID LOT 6; THENCE SOUTH 2°58'45''ESV AL^NG SMD EAST LINE 138<: FEET TO THE SOUTHEAST CORNER OF SAID LOT THENCE A^ONC PARCEL 2: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS IN THF CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFoS ACcS^mC TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTYRECOSE^^ PSL 0? LZ"""* ''''' ™ ™ FOL™ WI^ DESED COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HAI F OF S Am i nr AS SHOWN ON LICENSED SURVEYORS MAP NO. 44rFfLED ^THE OFFtcE THE COUNTY RECORDER OF SAN DIEGO COUNTY- THENCE ALONG THF WFST fflX SAID EAST HALF NORTH 2°52'55" WEST 1388 FECTTO TO^^^^^ ""^ °' BEGINNING; THENCE CONTINUING NORTH 2°52'55" WEST 1256 62 FEET TO THF NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 75°47'fo ' E™T ALONG THE NORTHERLY LINE OF LOT 6 A DISTANCE OF 1340 37 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THrEAST LmE THERFOF