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HomeMy WebLinkAboutMS 2020-0004; RREG Investments Series LLC; 2022-0353794; 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# 2022-0353794 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Sep 06, 2022 11 :41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 205-270-13-00 PROJECT NO. MS 2020-0004 PROJECT NAME: Adams Street Homes HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of Minor Subdivision No. 2020-0004 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, I/(We) RREG Investments Series LLC Series 1044, a Delaware Limited Liability Company, Its Managing Member, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. /II /II /II /II /II /II Ill 1 O:\CEDILandDev\PROJECTS\MSIMS2020\MS2020-0004· Adams Street Homes-Fine\B & A\HOLO HARMLESS AGREEMENT PANHANDLE LOTS.docxRev. 01/25113 This agreement is required as a condition of approval by the Carlsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this "''t: --day of __ j_..J_..J_~---' 20 -c..,""l:-' APPROVED AS TO FORM: CELIA BREWER City Attorney By )@{lJJ!t~ Assistant City Attorney PROPERTY OWNERS RREG Investments Series LLC Series 1044, a Delaware Limited Liability Company By: Rincon Capital Group, LLC, a Delaware Limited Liability Company, Its Managing Member By: ~Q= (sign here) Kevin Dunn, President (print name and title) Date: ~/41/vt- By: --------------------(sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) 2 O:ICED\LandOe#'ROJECTS\MS\MS2020\MS2020--0004· Adams Street Homes• Fine\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docxRev. 01/25113 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS COUNlYOF C] ~ D )& ff p ) On Lt. 1.,-4 ?--i>1-'1-befqc_e me, J · tJ)l"L j I"\ ~ , Notary Public, personally appeared R.t---J vTI Dv--A r, ,--- 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. I certify under PENALlY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my haad aad offic:v: Signature -----~G-----+-------,. • • S.0 WRIGHT e • ( COMM. #2395850 z Notary Public • California ~ San Diego County ~ M Comm. Ex ires Apr. 2, 2026 This area for official notarial seal. OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED □ ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity □ GENERAL Name of Person or Entity OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW lj3) ] J. h. o--4" H Le_ S.. S tA-<j ✓ -<,,L--< ~I'-+-f ~ sl~ J, ui NUMBER OF PAGES DATE OF DOCUMENT ------------------ SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 EXHIBIT "A" LEGAL DESCRIPTION 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: ALL THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND YSIDRA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77, OF RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61 ° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, OF RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61° 21 ' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE SOUTHERLY 200 FEET OF THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET, A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE, SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND YSIDRA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77; OF RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO, SOUTH 61 ° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST COMPANY TO DEAN F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, OF RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION, NORTH 61 ° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 200 FEET BEING MEASURED PARALLEL WITH THE SOUTHWESTERLY LINE OF THE LAND HEREINABOVE DESCRIBED. APN: 205-270-13-00