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Home My WebLink AboutCT 16-04; Carlsbad Coastal Views LLC; 2017-0580309; 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# 2017-0580309 1111111111111111111111111111111111111111111111111111111111111111111111 Dec 13, 2017 12:18 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-220-94-00 ------------@ PROJECT ID: _C_T_1_6-_0_4 ______ _ PROJECT NAME: Highland View Homes ----"'---------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 504-3A) and improvement plan (DWG 504-3) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Carlsbad Coastal Views, LLC, 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 \IFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 -1_• __ _; 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTSICTICT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this :l 31::{ day of 0~ ,20_1_7 __ APPROVED AS TO FORM: CELIA BREWER City Attorney By~ Assistant City Attorney City of Carlsbad OWNER(S) Carlsbad Coastal Views, LLC, a California limited liability company , ~ By:~ • (Sign Here) Brian Sullivan, Manager (Print Name and Title) Date: I OJ 2..3 /1 7= r I By: (Sign Here) (Print Name and Title) Date: (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 I\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ALL-PURPOSE CERTIFICATE OF 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 San Diego On 10/23/2017 before me, Brittan Aceves, Notar Public (Here insert name and tit e o the officer personally appeared Brian Sullivan --------------------------------who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s-)~re subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ier/their authorized capacity(ies), and that by ~er/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 PERJU :¥-under the laws of the State of California that the foregoing paragraph is true a f •.. BRITTANY ACEVES ""'t I . ··-· eomn,ia8i0n NO. 2218230 f& , . NOTARY PUBLIC-CALIFORNIA J < SAN DIEGO COUNTY ~ L. CommiSSoo Expires October 14, 202!J (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (TiUe or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) 0 Other _________ _ 2015 Version INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding nota1J' lt'ording and, if needed. should be completed and attached to the document. Acknollt'edgentsfrom other states may be completed for documents being sent to that state so long as the word.mg does not require the California notary to violate California nota,y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e ,ie/she/tfley;-is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT AND CERTIFICATE OF COMPLIANCE NO. PLA PD 16-04/ADJ 16-01/CE 16-02, AS EVIDENCED BY DOCUMENT RECORDED MAY 16, 2016 AS INSTRUMENT NO. 2016-0234272 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS 2 AND 3 OF PARCEL MAP NO. 2.0948, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 30, 2012. EXCEPTING THEREFROM: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 3, N61 °52'27"E 124.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, S28°07'33"E 102.33 FEET, THENCE S61 °52'27"W 30.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 138.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°48'50" A DISTANCE or 9.19 FEET; THENCE S65°41'17"W 50.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 162.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°48'50" A DISTANCE OF 10.78 FEET; THENCE S61°52'27"W 23.54 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID SOUTHWESTERLY LINE, N28°07'33"W 98.33 FEET TO THE POINT OF BEGINNING. APN: 205-220-94-00