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HomeMy WebLinkAboutMS 02-09; ; 2014-0180480: Property1 RECORDING REQUESTED BY: CITY OF CARLSBAD AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD CITY CLERX'S OFFICE 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 ^ ^ r,^ DOC IIIIIIIII 201^ iliiili 0180480 lllll lliilii MAY 05, 2014 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 21.00 PAGES: SPACE ABOVH rHlS LlNii FOR RECORDER'S USE AGREEMENT REGARDING INDEMNIFICATION OBLIGATIONS Pursuant to the terms of certain recorded restrictions against the property known as and described more particularly as 4625 Red Bluff Place, Carlsbad, CA, 92010, more formally described in Exhibit "A" attached hereto (the "Property"), including, without limitation, those certain Hold Harmless Agreements recorded as Instrument Nos. 2002-1155694, 2002-1155695, 2003-0597622 and 2003- 0597629, and the Permanent Stormwater Quality Best Management Practice Maintenance Agreement recorded as Instrument No. 2013-0142201 and its successors and assigns, have certain indemnification obligations associated with use and maintenance ofthe Property (the "Indemnification Obligations"). Notwithstanding the foregoing, the City of Carlsbad (the "City") agrees that if the United States Small Business Administration ("SBA") shall obtain title to the Property by foreclosure, trustee's saie, deed in lieu or otherwise, as a result ofthe exercise of remedies associated with the lien of any mortgage or deed of trust made in good faith and for value, the City shall waive such Indemnification Obligations as to the SBA only, but such Indemnification Obligations shall be binding upon and effective against any subsequent purchaser of the Property or any interest therein. Any such waiver shall be effective only to the extent that SBA does not use or operate the Property for any use other than holding title to the Property and/or seeking a subsequent purchaser. Dated: CITYOF By: BAD ^ Name: Glen K. Van Peski Title: Engineering Manager APPROVED AS TO FORM: CELIA A. BREWf R, City Attorney Assistant City Attorney CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of -Sa'n b^rlS^^c^ On 2- /25/ before me, (lCC-e\i^ fe r P A (A c^-gZ^ t^t-td/^ Pvjjo^i'c^ (Here insert name and tirie of the officer) ' personally appeared P^fskCy , who proved to me on the basis of satisfactory evidence to be the person(s)- whose name(s) is/apc^subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th©«" authorized capacity(ies), and that by his/her/thek 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 Califomia that the foregoing paragraph is true and correct. CECILIA FERNANDEZ CommiMion # 1996355 Notiry PuMIc - CaWornit SanOi«9oCoM^ » My Comm. ^^^^^-^^ WITNESS my hand and official seal. ^^^^ Signature of Notary Pubiie (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ^ (Title or descriptioirbf attached defcument) (Title or description of attached docttment continued) Numberof Pages 3 Document Date Z-jTMju.j (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgmenl completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County infonnation 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. he/she/thoy, 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 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel A: Parcel 2 of Carlsbad Minor Subdivision No. MS 02-09 Calavera Hills II Village Y, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map No. 19252, filed in the office of the County Recorder of San Diego County, June 5, 2003 as Instrument No. 2003-0665946 of Official Records. Parcel B: A non-exclusive roadway easement for pedestrian and vehicular ingress and egress over, along and across that portion of Parcel 1 of Carlsbad Minor Subdivision No. MS 02-09 Calavera Hills II Village Y, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map No. 19252, filed in the office of the County Recorder of San Diego County, June 5, 2003 as Instrument No. 03-0665946 of Official Records, described as follows: Beginning at the intersection of the northerly line of Parcel 2 of said Parcel Map No. 19252 and the southwesterly right-of-way of College Boulevard as shown and dedicated on Map No. 14541, filed in the office of said San Diego County recorded on February 12, 2003; thence leaving said southwesterly right-of-way along the northerly and northeasterly line of said Parcel 2 the following; North 81 degrees 27' 08" West 20.01 feet to the beginning of a curve concave southerly and having a radius of 10.00 feet; thence Westerly along the arc of said curve through a central angle of 45 degrees 00' 00" a distance of 7.85 feet; thence South 53 degrees 32' 52" West 97.63 feet to the beginning of a curve concave southeasterly and having a radius of 75.50 feet; thence southwesterly along the arc of said curve through a central angle of 44 degrees 48' 18" a distance of 59.04 feet; thence leaving said northeasterly line. North 81 degrees 15' 27" West, 36.00 feet to a point on the sideline of an existing general utility and access easement as shown and dedicated on said Parcel Map No. 19252; thence along said sideline the following; North 08 degrees 44' 33" East, 16.11 feet to the beginning of a curve concave southeasterly and having a radius of 127.50 feet; thence northeasterly along the arc of said curve through a central angle of 44 degrees 48' 18" a distance of 99.70 feet; thence North 36 degrees 27' 08" West, 5.50 feet; thence North 53 degrees 32' 52" East, 74.92 feet to the beginning of a curve concave northwesterly and having a radius of 10.00 feet; thence northeasterly along the arc of said curve through a central angle of 45 degrees 00' 00" a distance of 7.85 feet; thence North 08 degrees 32' 52" West, 20.01 feet to a point on the aforesaid southwesterly right-of-way of College Boulevard; thence along said southwesterly right of way South 36 degrees 27' 08" East, 91.65 feet to the Point of Beginning. APN: 168-310-06-00