HomeMy WebLinkAboutCT 13-03; Rancho Costera, LLC; 2015-0363598; Hold Harmless Agreement/ReleaseDOC# 2015-0363598
III
RECORDING IS REQUESTED Jul 10, 2015 03:04 PM
FOR THE BENEFIT OF THE CITY OFFICIAL RECORDS
OF CARLSBAD Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
WHEN RECORDED MAILTO:
PAGES: 6
City Cleric
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
208-010-44-00 ASSESSOR'S PARCEL NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID:
CT 13-03
Rancho Costera
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) DWG 480-3 for
development to occur on property more particularly described as (see attached. Exhibit "A"),
I/We, Rancho Costera, 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.
\\FILES01\ADepartments\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Ranch West Village - Riddle\B&A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG
480-3).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 ofthe property described herein.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
2
\\FILES01\ADepartments\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Ranch West Village - Riddl8\B&A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG
480-3).doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of I5u/K<g^ 20 16 .
OWNER(S)
Rancho Costera LLC,
a Delaware limited liability company
By:
2^
(Sign Here)
Bradley L. Hare, Division Vice President
Date:
(Print Name and Title)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
BV: ^IX O/.j-
RON KEMP \ RON KEMP
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.)
3
WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 13\CT 13-03 Robertson Ranch West Village - Riddle\B8A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG
480-3).doc 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 Janice 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(^r^hose name(s) is/afe*
subscribed to the within instrument and acknowledged to me that he/st>«/tbey executed the same in
his/hef/tfjetf authorized capacity(jss)rand that by his/hsf/theif signature(»)ron the instrument the
personj(8^ or the entity upon behalf of which the personXs)^cted, 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.
Signature 0MC6£7fI- Viff??7.h?jdl'. (Seal)
JANICE M. LOMBAROI f
Commission # 2066035 E
Notary Public - California 1
^ Xj^t'-iC/ Orange County j
\ My Comm. Expires Apr 27.2018 »
Order Number: NHSC-4512705 (rh)
Page Number; 11 EXHIBIT A
LEGAL DESCRIPTION
Real property In the aty of Carisbad, County of San Diego, State of California, described as
fbliows:
A PORTION OF PARCEL 1 OF CERTtRCATE OF COMPLIANCE CE 13-07, RECORDED FEBRUARY
19, 2014 AS INSTRUMENT NO, 2014:0067828 OF OFHCIAL RECORDS, IN THE aVf OF
CARLSBAD, COUNTS OF Sm DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOUOWS:
BEGINNING ATTHE NORTHEAST CORNER OF PARCEL 1 OF SAID CERTERCATE OF
COMPUANCE, 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, SOUTH 6Q'>03'58" EAST 8.37 FEET, SOUTH 47°45'30'' WEST 26.08 FEET,
SOUTH 43''38'59'' WEST 51.49 FEET, SOUTH 37°U'57" WEST 45.52 FEET, TO A POINT ON THE
NORTHEASTERLY LINE OFTHE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 11,
2009 AS DOCUMENT NO. 2p09Hp247694; THENCE ALONG THE NORTHEASTERLY LINE OF SAID
LAND, NORTH 60''03'58"' WEST 26.09 FEET TO THE NORTHERN POINT OF SAID UND; THENCE
ALONG THE NORTHWESTHRLY LINE 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<'48'20" WEST 25,83 FEET, SOUTH le'Sgil" WEST 22.22 FEET, SOUTH 00°08'16"
EAST 4.75 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE IRREVOCABLE
OFFER TO DEDICATE RECORDED AUGUST 14, 2008 AS DOCUMENT NO. 2008-0435946 OF
OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 20, 2011 AS"
DOCUMENT NO. 2011-0368561 OF OFRCIAL RECORDS, HEREON REFERRED TO AS REC 4;
THENCE ALONG THE BOUNDARY OF SAID REC 4, SOUTH OO'OB'ie" EAST 44.78 FEET, SOUTH
18''45'11''WEST 24.61 FEET, SOUTH 18''09'31''WEST 38.98 FEET, SOUTH 15°31'28" WEST
44.23 FEET, SOUTH IS^IO^S" WEST 29.09 FEET, SOUTH 19°31'13'' WEST 37.42 FEET, SOUTH
19'*0734" WEST 53,80 FEET, SOUTH 14''46'21" WEST 24.34 FEET, SOUTH ig^SSW WEST
24.55 FEET, SOUTH 27°25'50" WEST 25.25 FEET, SOUTH 33''03'11''WEST 24.91 FEET, SOUTH
22''17'19" WEST 95.78 FEET, SOUTH 15»12'28" WEST 17,77 FEET, SOUTH 08'>3&23'' WEST
16.96 FEET, SOUTH 02»15'56" WEST 21.18 FEET, SOUTH 04''18'02'' EAST 20.65 FEET, SOUTH
14''1432" EAST 17.42 FEET, SOUTH 29<'19'05'' EAST 12.21 FEET, SOUTH 43'06'27" 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 35.13 FEET, SOUTH 54»34'57" EAST 39.70
FEET, SOUTH SS-Sg'SS" EAST 41.98 FEET, SOUTH 48°32'37" EAST 23.08 FEET, SOUTH
52°18'59" EAST 29.91 FEET, SOUTH 52''16'51" EAST 35.98 FEET, SOUTH SfOS'SS" EAST 43.67
FEET, SOUTH 48''14'56" EAST 8.42 FEETTO THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN THE GRANT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO, 2008-
0435947 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" EfiST 16,06 FEET, SOUTH 47»17'11'' EAST 71.12 FEETTO A
POINT ON THE EAST LINE OF REC 1; THENCE ALONG SAID EAST LINE, SOUTH 25">45'09'' WEST
90.12 FEET, SOUTH 23''38'10'' WEST 109.80 FEETTO 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 TOE BEGINNING OF A NON-TANGENT 6855.31-FOOT CURVE
CONCAVE NORTHEWLY, 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
t^rst American Title
Order Number; NHSC-4512705 (rh)
Page Number: 12
OF 476.75 FEET; THENCE NORTH 60<'25'37'' WEST 449.43 FEET TO THE BEGINNING OF A
TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 31M036" AN ARC DISTANCE OF 1130.65 FEET;
THENCE SOUTH 87''53'47'' WEST 751.88 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«0i'37" AN ARC DISTANCE OF 1167.80 FEET; THENCE
NORTH 49W36'' WEST 511.31 FEET TO THE BEGINNING OF A TANGENT 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 FEETTO THE
SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE WEST UNE OF REC 1,
NORTH 31''5ff59" EAST 69.52 FEET, NORTH 36''59'55" EAST 92.46 FEET, NORTH 42''43'42"
EAST 92.46 FEET, NORTH 48»33'11" 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 77''37'25"
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 8g"'3833" EAST 100.00 FEET, NORTH 88*5730'
EAST 100.13 FEET, NORTH 85°59'03" EAST 106.46 fTET, SOUTH 86°4138" EAST 110.56 FEET,
NORTH 61''28'22" EAST 110.57 FEET, NORTH 66''17'10" 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 FEET, NORTH 58«'21'19" EAST 100.18 FEET, NORTH 55*'29'19''
EAST 99.96 FEET, NORTH 52»3633'' EAST 100.20 FEET, NORTH 51''4036'' 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 3B'>31'19" EAST 99.98 FEET,
NORTH 37''50'23" EAST 105.35 FEETTO THE NORTHWEST TORNER OF REC 1; THENCE
EASTERLY ALONG THE NORTH UNE OF REC 1, SOUTH 89''18'59" EAST 1688.99 FEET; THENCE
LEAVING SAID NORTH LINE, NORTH 53°53'49" WEST 173.74 FEETTO THE BEGINNING OF A
TANGENT 470,00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Q5'>58'25" AN ARC
DISTANCE OF 49.00 FEET; THENCE NON-TANGENT TO SAID CURVE SC^JTH 89''18'59" EAST
20.54 FEET, SOUTH 57'»39'03" EAST 249.77 FEET TO A POINT ON THE NORTH LINE OF REC 1,
SAID UNE ALSO BEING THE SOLTTH UNE OF SAID LOT 140 OF MAP NO. 9935; THENCE
EASTERLY ALONG SAID UNE, SOUTH 89''18'59" EAST 346.33 FEETTO THE TOINT OF
BEGINNING,
APN: 208-010-44-00
f^rst American Title