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HomeMy WebLinkAboutCT 13-03; Rancho Costera, LLC; 2015-0363596; Hold Harmless Agreement/ReleaseDOC# 2015-0363596 RECORDING REQUESTED BY WHEN RECORDED MAILTO: Jul 10, 2015 03:04 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE 208-010-44-00 ASSESSOR'S PARCEL NO. PROJECT ID: PROJECT NAME: CT 13-03 Rancho Costera HOLD HARIVILESS AGREEMENT PANHANDLE LOTS In consideration ofthe City's approval of CC Res. No.: 2014-041, Subdivision No. n/a for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Rancho Costera, LLC, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. /// /// /// /// /// /// /// /// )nwr 4Rr,?H''^''™"''^'^^°^^^"''°^''^''''°''^'^'^^^^™'^ ^ ^^'^•^ ^ Robertson Ranch West Village - Riddle\B&A\H0LD HARMLESS AGREEMENT PANHANDLE LOTS tuvvkj •<iou-j).aocx Rev. 01/25/13 This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this 6^ day of TLUK/^ 20 PROPERTY OWNERS Rancho Costera LLC, a Delaware limited liability company By: (sign here) Bradley L. Hare, Division Vice President (print name and title) Date: ^ - ^-/^ APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) WFILESOI V\Departnnents\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Rancfi West Village - Riddle\B&A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS (DWG 480-3).docx Rev. 01/25/13 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 Countv of Orange J On June 8, 2015 personally appeared Bradley Hare before me J^^ice M. Lombardi, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(8)^hose name(8^is/afer' subscribed to the within instrument and acknowledged to me that hels)»€lVi)»f executed the same in his/h^ffttjeif authorized capacity(jgs)r'and that by his/h»f/fhetr'signaturej;s)<on the instrument the person.(!<rorthe entity upon behalf of which the personj^sfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sianature^;^^/^/^. ^^Ay/Jj (Seal) JANICE IVI. LOMBARDI Commission # 2066035 Notary Public - California i 'V'P'^ Orange County g A ^^tattf^ l^y Comm. Expires Apr 27, 2018 L Order Number: NHSC-4512705 (rh) Page Number; 11 EXHIBIT A LEGAL DESCRIFTION Real property In the City of Carlsbad, County of San Diego, State of California, described as follows: A POi^ON OF PARCEL 1 OF CERnHCATE OF COiyiPOAfJCE CE 13-07, RECORDED FEBRUARY 19, 201.4 AS INSTRUMENT ISIO. 2014H)067828 OF OFFICIAL RECORDS, IN THE CnY OF CARLSBAD, COUNTiT OF SAN DIEGO, STATE OF CALIFORNIA, BEING I^ORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF PARCEL 1 OF SAID CERTinCATE OF COMPIIANCE, HEREON REFERRED TO AS REC 1; THENCE SOUTHERLY ALONG THE EAST UNE OF SAID REC 1, SOUTH 01''49'13'' WEST 1600.95 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 62'27'54'' WEST 76.17 FEET, SOUTH 54°49'02" WEST 135.16 FEET, SOUTH 49»55'15" WEST 38.74 FEET, «)UTH 60<'03'58" EAST 8.37 FEET, SOUTH 47°45'30'' WEST 26.08 FEET, SOUTH 43«38'59" WEST 51.49 FEET, SOUTH 37'»ir57" WEST 45.52 FEET, TO A POim" ON THE NORTHEASTERLY UNE OF THE [AND DESCRIBED IN TTHE GRANT DEED RECORDED MAY 11, 2009 AS DOCUI^ENT NO. 2009H0247694; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND, NORTH 60''03'58'' WESt25.b9 l%ETTO THE NORTHERN POINT OF SAID UND; THENCE ALONG THE NORTHWESTERLY UNE OF SAID lAND, SOUTH 37''29'54" WEST 15.91 FEET, SOUTH 33'»16'42'' WEST 30.06 FEET, SOUTH 31''34'45" WEST 28.46 FEET, SOUTH 28'24'53" WEST 27,22 FEET, SOUTH 23''51'09" WEST 26.06 FEET, SOUTH 20"'12'37'' WEST 24,51 FEET, SOUTH 17'487Q" WEST 25.83 FEFT, SOUTH 16«39'H" WEST 22.22 FEET, SOUTH 00°08'16" EAST 4.75 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE IRREVOCABLE Oi=^ERTO DEDICATE RECORDED AUGUST 14,2008 AS DOCUMENT NO. 2008-0435946 OF OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED 3ULY 20, 20irAS" DOCUMENT NO. 20JL1-0368561 OF OFRCIAL RECORDS, HEREON REFERRED TO AS REC 4; THENCE ALONG THE BOUNDARY OF SAID REC 4, SOUTH 00 WIS" EAST 44.78 FEET, SOITTH 18<»45'ir WEST 24.61 FEET, SOUTH 18''09'31''WEST 38.98 FEET, SOUTH 15"31'28" WEST 44.23 FEET, SOLTTH IS'lO'SS" WEST 29.09 FEET, SOUTh 19°31'13" WEST 37.42 FEET, SOUTH 19''07'34" WEST 53.80 FEET, SOUTH 14''4621'' WEST 24.34 FEET, SOUTH ig-'SS'OS' WEST 24.56 FEET, SOUTH 27»25'50" WEST 25.25 FEET, SOUTH 33»03'11'' WEST 24.91 FEET, SOUTH 32<'17'19" WEST 95.78 FEET, SOUTH 15"»12'28" WEST 17.77 FEET, SOUTH 08'»38^3'' WEST 16.96 FEET, SOUTH 02°15'56" WEST 21.18 FEET, SOUTH 04°18'02'' EAST 20.65 FEET, SOUTH 14°14'32" EAST 17.42 F^ET, SOUTH 29*'19'05" EAST 12.21 FEET, SOUTH 43O0677" EAST 20.44 FEET, SOUTH 53°39'29'' EAST 20.48 FEET, SOUTH 53»12'20" EAST 26.23 FEET, SOUTH 56°45'45''.EAST 37.20 FEET, SOUTH 55°54'54" EAST 36.13 FEET, SOUTH 54''34'57" EAST 39.70 FEET, SOUTH 53''39'53'' EAST 41.98 FEET, SOUTH 48''3237" EAST 23.08 FEET, SOUTH 52»18'59'' EAST 29.91 FEET, SOUTH Sm&Sr EAST 35.98 FEET, SOUTH Sim-Se" EAST 43.67 FEET, SOUTH 4B°14'56" EAST 8,42 FEET TO THE NORTHWEST CORNER OF THE UND DESCRIBED IN THE GRAISTT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO, 2008- M35947 OF OFFICIAL RECORDS, HEREON REFERRED TO AS REC 3; THENCE ALONG THE WEST LINE OF SAID REC 3, SOUTH 48°14'56" EAST 30.47 FEET, SOUTH 47«'48'32" EAST 40.97 FEET, SOUTH 47''32'57" EAST 32.41 FEET, SOUTH 50°39'48" EAST 46.12 FEET, SOUTH 48''53'42" EAST 21.99 FEET, SOUTH 66»28'18" EAST 16.05 FEET, SOUTH 47»17'11'' EAST 71.12 FEET TO A POINT ON THE EAST UNE OF REC 1; THENCE ALONG SAID EAST UNE, SOUTH 25'>45'09" WEST 90,12 FEET, SOUTH 23<'38'10" WEST 109.80 FEET TO THE SOUTHEAST CORNER OF REC 1; THENCE ALONG THE SOUTH LINE OF REC 1, NORTH 82»41'45'' WEST 72.17 FEET, SOUTH 32''50'45" WEST 16,78 FEET TO THE BEGINNING OF A NON-TANGEWT 6855,31-FOOT CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 25'>35'19" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°59'05" AN ARC DISTANCE fil/^ American Title Order Number: NHSC-4512705 (rh) Page Number: 12 OF 476.75 FEET; THENCE NORTH 60''25'37" WEST 449,43 FEET TO TTHE BEGINNING OF A TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31''40'36" AN ARC DISTANCE OF 1130.65 FEET; THENCE SOUTH 87°53'47" WEST 761.88 FEET TO THE BEGINNING OF A TANGENT 1555.07- FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43»01'37" AN ARC DISTANCE OF 1167.80 FEET; THENCE NORTH 49°04'36'' WEST 511.31 FEET TO THE BEGINNING OF A TANGEIW 2045.09-FOOT • RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05''23'02" A DISTANCE OF 192.17 FEET; THENCE RADIAL TO SAID CURVE NORTH 35<»32'22" EAST 55.00 FEET; THENCE NORTH 44'>46'29" WEST 132.79 FEET TO THE SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE WEST UNE OF REC 1, NORTH 31°58'59" EAST 69.52 FEET, NORTH 36''59'55" EAST 92,46 FEET, NORTH 42»43'42" EAST 92.46 FEET, NORTH 48''33'ir EAST 92.75 FEET, NORTH 63''32'50'' EAST 92.35 FEET, NORTH 47°45'28" EAST 94.49 FEET, NORTH 78°10'09" EAST 93.72 FEET, NORTH T?'>3775" EAST 91.01 FEET, NORTH 77''03'12" EAST 89.97 FEET, NORTH 64»38'40" EAST 96.25 FEET, NORTH 8500513" EAST 96,38 FEET, NORTH 89°3833" EAST 100.00 FEET, NORTH 88»5730'' EAST 100.13 FEEF, NORTH 85«59'03" EAST 106,46 FEET, SOUTH 86°41'38" EAST 110.56 FEET, NORTH 61''28'22" EAST 110.57 FEET, NORTH 66° 1710" EAST 106.20 FEET, NORTH 60°39'47" EAST 105,87 FEET, NORTH 54042'29" EAST 104.85 FEET, NORTH 55''38'48'' EAST 99,66 FEET, NORTH 58''26'48" EAST 100.12 I^ET, NORTH 58''2119" EAST 100,18 i^ET, NORTH 55''2919'' EAST 99.96 FEET, NORTH 52''3633'' EAST 100.20 FEET, NORTH 51°40'56" EAST 103.75 FEET, NORTH 48''32'08" EAST 104.73 FEET, NORTH 43°0539" EAST 104.95 FEET, NORTH 41°41'52" EAST 101.54 FEET, NORTH 41»25'43" EAST 100.09 FEET, NORTH SB^Sl'tS" EAST 99.98 FEET, NORTH 37<'50'23" EAST 106,35 FEET TO THE NORTHWEST CORNER OF REC 1; THENCE EASTERLY ALONG THE NORTH UNE OF REC 1, SOUTH Bg^lS'Sg" EAST 1688.99 FEET; THENCE LEAVING SAID NORTH UNE, NORTH 53°53'49" WEST 173.74 I^ETTO THE BEGINNING OF A TANGENT 470.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'58'25" AN ARC DISTANCE OF 49,00 FEET; THENCE NON-TANGENT TO SAID CURVE aXJTH 89''18'59" EAST 20.54 FEET, SOUTH 57''39'03" EAST 249.77 FEET TO A POINT ON THE NORTH UNE OF REC 1, SAID UNE ALSO BEING THE SOJTH UNE OF SAIO LOT 140 OF MAP NO. 9935; THENCE EASTERLY ALONG SAID UNE, SOUTH 89''18'59" EAST 346.33 FEET TO THE POINT OF BEGINNING, APN: 208-010-44-00 First American ntie