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Home My WebLink AboutDEV 2017-0198; La Costa Greens Community Association; 2018-0016005; 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# 2018-0016005 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jan 16, 2018 11 :38 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $101.00 (SB2 Atkins $75 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-112-36-00 ® ------------PROJECT ID: DEV2017-0198 PROJECT NAME: La Costa Greens HOA Alicante Road Slope Repair HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 507-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, La Costa Greens Community Association, a California nonprofit mutual benefit corporation, 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\PROJECTSIDEV\DEV20171DEV2017-0198 La Costa Greens HOA Al1cante Rd Slope Repair-Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 3 ~ 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 IIFILES01V\Departments\CED\LandDev\PROJECTSIDEV\DEV2017\DEV2017-0198 La Costa Greens HOA AlIcante Rd Slope Repair-Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ___ fu_...e ...... ro~h=e.-'-.r--______ , 20 \~ APPROVED AS TO FORM: CELIA BREWER City Attorney By: fr2 p j ())_c> RmP~ Assistant City Attorney City of Carlsbad OWNER(S) La Costa Greens Community Association, a California nonprofit mutual benefit corporation By: Date: By: Date: (Sign Here) Roca Nasirpour, Board President (Print Name and Title) I 2-I ( 'l I ?t:,J ( -~ L= ~,H-;;;.,; Eric Anava, Corporate Secretary (Print Nre. a~_d Title) I 2 .. /1 q I 7-C\ ) (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 IIFILES01V\DepartmentslCED\LandDev\PROJECTSIDEVIDEV20171DEV2017-0198 La Costa Greens HOA Alicante Rd Slope Repair-Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 ... . )- .,, ,· • I' . -.. , . __, . 6767 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF LOT 34 OF CARLSBAD TRACT 99-03, LA COSTA GREENS, ACCORDING TO THE MAP THEREOF NO. 14543, IN THE CtTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003; LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 34, SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT LINE SHOWN AND DESCRIBED ON SAID MAP NO. 14543 AS NORTH 70° 49' 45' EAST, 198.64 FEET; THENCE ALONG SAID EASTERLY LINE SOUTH 70° 50' 28" WEST 198.64 FEET (SOUTH 70° 49' 45· WEST -RECORD PER MAP NO. 14543) TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID LINE SOUTH 70° 50' 28' WEST, 28.06 FEET TO A POINT OF TERMINUS ON THE EASTERLY RIGHT OF WAY LINE OF ALICANTE ROAD AS SHOWN ON SAID MAP NO. 14543, SAID POINT ALSO BEING ON A 680.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 70° 47' 05' EAST. RESERVING THEREFROM, SUCH EASEMENTS DESCRIBED IN THE DECLARATION DESCRIBED BELOW AND THE MAP OF RECORD REFERENCED ABOVE, AND SUCH OTHER EASEMENTS AS MAY BE OF RECORD AS OF THE DATE HEREOF. FURTHER RESERVING THEREFROM, FOR THE BENEFIT OF THE GRANTOR AND GRANTEES AGENTS, CONTRACTORS, EMPLOYEES, LICENSEES, INVITEES AND SUCCESSORS AND ASSIGNS HEREOF, AN EASEMENT FOR INGRESS, EGRESS AND ACCESS IN, ON, OVER, THROUGH AND ACROSS ALL REAL PROPERTY CONVEYED IN THIS GRANT DEED ("PROPERTY") TO PERMIT GRANTOR TO INST ALL IMPROVEMENTS ON SUCH PROPERTY AND TO PERMIT GRANTOR AND ANY MERCHANT BUILDER (AS DEFINED IN THE DECLARATION BELOW) TO MARKET, DEVELOP AND CONVEY ALL OF THE LOTS SUBJECT TO THE DECLARATION. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS OVER PORTIONS OF SUCH PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER OVER SUCH PROPERTY PRIOR TO COMPLETION OF CONSTRUCTION OF ALL OF THE IMPROVEMENTS WITHIN THE PROPERTY. THE PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO THAT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LA COSTA GREENS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 2, 2004, AS INSTRUMENT NO. 2004-0512841, AND ANY AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATlON OF THIS GRANT DEED ('DECLARATION") ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. La Co&!D Greens/Wannington Association Grunt Deed -Phaae 2 27817-13 / 2060455.1 EXHIBIT"A" 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Setn D le~ c On \2-\\<\pr before me. C21b1. 'Klf1s\-i.~Q 1'-\~~;:,~fi )JrJIA/2'-r,Pul;;i'- Date Here Insert Name and Title of the Offider personally appeared \<o cc "\\o..sw· Fr OS\c\, :'si\c kn Cl\lC,~ Name(s) of Signer(s) \ 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 his/her'/their· authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ra-····--GITA KRISTINA NASSIRI i ,.. --· COMMISSION NO. 2161893 p d ~ . NOTARY PUBLIC-CALIFORNIA ~ -SAN DIEGO COUNTY t COMMISSION EXPIRES AUG 30, 2020 J Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of t11e State of California that the foregoing paragraph is twe and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ___ _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:------------~ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual n Attorney in Fact D Trustee D Guardian or Conservator D Other:_ -----·· -------- Signer Is Representing: _________ _ Signer's Name:--------------------- 0 Corporate Officer -Title(s): _____ _ D Partner -D Limited D General n Individual D Trustee D Other: n Attorney in Fact D Guardian or Conservator --------·--------- Signer Is Representing: ____ _ \CJ2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01 V\Departments\CED\LandDev\PROJECTS\DEV\DEV2017\DEV2017-0198 La Costa Greens HOA Al1cante Rd Slope Repair-Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13