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Home My WebLink AboutCUP 11-06; Surya LP; 2013-0033087; 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 DOCtt 2013-0033087 illllllllllllllllllliilil JAN 16, 2013 2:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 213-091-06 CUP 11-06 Fairfield inn HOLD HARMLESS AGREEMENT ODOR IMPACT In consideration of the City's approval of a development (CUP 11-06) and improvement plans (DWG 476-2) 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) SURYA LP, a California limited partnership, 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 any persons, or damage to or taking of any property including public property, directly or indirectly caused by the impact of odor generated by multiple sanitary sewage transmission lines and appurtenant facilities bisecting the property and sewer line constructed pursuant to improvement plans referenced above, herein after referred to as 'sewer facilities' or any subsequent impact or damage that may occur on or adjacent to this subdivision due to their operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to the plans or permits by the City shall not constitute an assumption by the City of any responsibility for any impact, damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design of the improvements made or done pursuant to the approved plans as specified in this agreement. The entire risk of any loss resulting from or caused by any odor impact from said sewer facilities is assumed by and shall be borne by the owner. It is agreed that the purpose of this Agreement is to disclose to the fullest extent possible, present and future odor impacts generated by said sewer facilities. 1 O:\CED\LandDev\PR0JECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\HOLD HARMLESS AGREEMENT ODOR (DWG 476-2 and 476-2A) doc It is further agreed that it is the desire of the owner to give notice to any potential purchaser of the real property of existence of said sewer facilities and that the purchasers may be subject to odor impacts from the operation and maintenance of said sewer 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of Gc^vLjir ., 201% OWNER(S) SURYA LP, a California limited partnership By: Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne^ (Proper notarial acknowledgment of execution by owner(s) 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 empowenng that officer to bind the corporation.) (Sign Here) Neil Patel, General Partner (Print Name and Title) Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\HOLD HARMLESS AGREEMENT ODOR (DWG 476-2 and 476-2A).doc EXHIBIT A LEGAL DESCRIPTION followT''^'^°^ ^""""^ °^ ^^^^^ Califomia, described as PARCEL 1: Ac'-i!';!;°T ^"^^ ^ PORTION OF LOT 15 OF CARLSBAD TRACT NO. 80-38, MAP NO. 10198 AS RLED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO STATE OF ' CALIFORNIA, AS INSTRUMENT NO. 81-294627, DATED SEPTEMBER l5, 1981, OFFICIAL RECORDS. ' COMMENCING AT A W X 18" IRON PIPE MONUMENT WITH DISC MARKED RCE 18673 PER n^n-!t^: ^^^^ MONUMENT BEING THE COMMON CORNER OF LOT 16 AND LOT 15 ON A o?^^?Ii ^ ^^^^-^^ ^^^'^ ^^^^^ B^^NG THE SOUTHERLY RIGHT OF WAY LINE OF Jl^T!^ ^^^^ ™^ ™^ POINT OF BEGINNING FOR LOT C, SAID POINT HAVING A RADIAL UNE WHICH BEARS NORTH 13° 14' 33" EAST- ^^n^^^t^Ii^ Il'J.f ^ ^ ^^^™^ ^^^^ ^Uf^VE THROUGH A CENTRAL ANGLE OF 00° 26' 04", AN ARC DISTANCE OF 11.64 FEET TO A POINT OF TANGENCY' THENCE SOUTH 12° 48' 29" WEST 62.00 FEET; THENCE SOUTH 03° 39' 57" WEST 128.22 FEET- THENCE SOUTH 60° 20' 03" EAST 101.93 FEET;' THENCE SOUTH 29° 39' 57" WEST 42.00 FEET- THENCE SOUTH 60° 20' 03" EAST 4.00 FEET; ' THENCE SOUTH 29° 39' 57" WEST 84.72 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF LOT 15 AS DESCRIBED IN MAP NO. 10198, CONTINUING ALONG A PORTION OF SAID LOT THENCE NORTH 54° 34' 18" WEST 89.99 FEET TO A POINT BEING THE CORNER OF LOT 15 AND ^IMPP Mno^S'on^^ ^'""^^ ™' "^^^ LOT AS DESCRIBED IN MAP NO 10198; THENCE NORTH 80° 14' 18" WEST 94.37 FEET; THENCE NORTH 34° 24" 52" WEST 109.70 FEET• THENCE NORTH 71° 50' 26" WEST 263.11 FEET' Hlfl^^ ^^^'^ S^-^^ A TANGENT POINT ON A 144 FOOT CURVE HAVING A RADIAL LINE WHICH BEARS NORTH 04° 31' 51" EAST" THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31° 43' 23" AN ARC DISTANCE OF 79.73 FEET, TO A POINT OF TANGENCT" ' THENCE NORTH 62° 48' 28" EAST 72.61 FEET TO A POINT BEING TANGENT TO A 231 34 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 27° 11'32" EAST T™CE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 09' 34" AN ARC DISTANCE OF 174.26 FEET TO A POINT OF TANGENCY- ' I^^^l?.^ ^^-"^^ TO A POINT BEING TANGENT TO A 1535 00 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS NORTH 15° 58' 02" EAST" THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 43' 29" AN ARC SAID PROPERTY BEING DESCRIBED AS "PARCEL C" IN A CERTIRCATE OF COMPLIANCE 5fm^?^ nrfrn^^^n?;-^^^^ INSTRUMENT NO. 1992-0309738 OF OFFIOAL RECORDS OF oPilu bAN DIEGO COUNTY. PARCEL 2: EASEMENTS GRANTED IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN GRANT OF EASEMENTS, DATED JULY 29, 1981, EXECUTED BY MITSUI FUDOSAN (U.S.A.), INC., A CALIFORNIA CORPORATION, DBA PALOMAR AIRPORT BUSINESS PARK, AS OWNER, AND BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR, A CALIFORNIA LIMITED PARTNERSHIP, AS GRANTEE, RECORDED AUGUST 04, 1981 AS INSTRUMENT NO. 81-246287 OF OFRCIAL RECORDS. APN: 213-091-06-00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^t\ Piego } On Odt)te ^\ia0i2 before me, IgeVlZa ^(AXmO^ j ^3DtarS PutjlC Date — .-Z-.^ -..^^ personally appeared Here Insert Name and Title ot the Officer Name(s) ol Signer(s) UtHMLYNNCARAGA? Commiislon # 19S3376 Wotiry Public. CiMfomii ^•n 01000 County L23. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histier/their authorized capacity(ies), and that by his/herAheir 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 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. F'lace Notary Seal Above Signature. OPTIONAL - \) Signature of Notai^Publft Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Oocument: - Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name:_ • Individual • Corporate Officer —- Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. O2007Nat)onalNotaryAssociatx9n«S3S0I3eSoto Ave..PO.Box2402*Chatswor1h,CA 91313-2402 • www.NattonalNotary.org Item «S907 Reorder. Call To»-FtMl-8a>-876.€827