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HomeMy WebLinkAboutSDP 2022-0003; Fenton Ponto LLC; 2024-0093923; 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# 2024-0093923 111111111111 lllll 11111111111111111111 lllll 1111111111111111111111111111 Apr 16, 2024 10:58 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-160-25-00; 214-160-2800; 214-171-11-00 PROJECT ID: SDP 2022-0003 ~s~ PROJECT NAME: _F_P_C_R_e_s_id_e_n_ti_a_l _____ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 543-6 A) and improvement plan (DWG 543-6) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Fenton Ponto, LLC., a California limited liability company, 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 occurring during the 1 Q:ICED\Admin\B&AIPROJECTS\SDP 2022-0003; ROW2023-0397; GR2023-0029 -FPC Residential_ T.C\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 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 Q:ICED\Admin\B&A\PROJECTSISDP 2022-0003; ROVv2023-0397; GR2023-0029 -FPC Residential T.C\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - IN WITNESS WHEREOF, the undersigned has executed this instrument this 1,;0 day of '{'{\ Q\f' Ch , 20~Z~~--- APPROVED AS TO FORM: CINDIE MCMAHON City Attorney r Assistant City Attorney City of Carlsbad OWN ER(S) FENTON PONTO, LLC., a California limited liability company By: H.G. FENTON PROPERTY COMPANY, a California corporation Its Sole Member By: Date: By: (Sign Here) David Gatzke -Vice President Development and Policy (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 Q:ICED\Admin\B&AIPROJECTSISDP 2022-0003; ROVV2023-0397; GR2023-0029-FPC Residential_T.CIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public orotherofficercompleting 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 Countyof St1h Di eqo } On 3} W }2o 'J..\..\ before me, U'-~~ t?~i I f\Om't,f (?v(kj, L Date . Here Insert Namefnd Titl~?e Officer personally appeared fr.-1 C½CA~ 'f\e't:1) fJW\.d Dt~\tfl ~011=1 \?<? Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. ········1 KRISTA BOSSI Notary Public • California : San Oi~o County i Commission 112476784 - y Comm. Expires Dec 19, 2027 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal. Signature-~....._ _____________ _ Signature of Notary Public 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: __________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Stgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General D Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: D Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2019 National Notary Association 4 Q:ICED\Admin\B&AIPROJECTS\SDP 2022-0003: ROW2023-0397: GR2023-0029 -FPC Residential T.C\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - Exhibit 11A11 LEGAL DESCRIPTION .PARCEL 1; Parcel "B" as shown on Parcel MaQ No. 4383 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County recorder of San Diego County, January 14, 1976 . .PARCEL 2; That parcel of land, situated within a portion of the South half of Southwest quarter of Section 28 and within a portion of the South two-thirds of Lot 4 Southeast quarter of Southeast quarter-of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof, in the County of San Diego, State of California, and more particularly described as a whole as follows: Beginning at the corner common to Sections 28, 29 32 and 33 in said Township and Range, thence along the Southerly line of said Section 28 North 89° 59' 20" East 250 feet, more or less, to the Southwesterly corner of that strip of land 200 feet wide, described in Deed to the Atchison Topeka and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No. 34729, in Book 2059, Page(s) 466 of Official Records; thence along the Southwesterly line of said 200 foot strip of land North 21° 08' 18" West 856.60 feet, more or less, to the Northeasterly boundary of the 200 foot right of way of the Atchison Topeka and Santa Fe Railway Company formerly California Southern Railroad Company, as said right of way was granted by Act of Congress and as shown on original right of way map thereof approved by the Department of the Interior, United States of America, on May 12, 1881; thence along said railway boundary South 4° 40' 18" East to the Southerly line of said Section 29; thence along said Southerly section line South 89° 49' East to the point of beginning . .PARCEL~; All that portion of the South two-thirds of Lot 4 (Southeast quarter of the Southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego. State of California, according to the United State Government Survey approved October 25, 1875, described as follows: Beginning at the intersection of the South line of said Section 29, with the Westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company's (formerly the California Railway Company) right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line North 89°49' West 209.69 feet from the Southeast corner of said Section 29; thence along the Westerly line of said abandoned railroad right of way, North 4°40'18" West to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official Records; thence retracing South 4°40'18" East a distance of 600.00 feet to the true point of beginning: thence continuing South 4°40'18" East 159.19 feet; thence South 15°17' East, 188.48 feet to the North line of the South 40.00 feet of said Lot 4; thence along said North line South 89° 49' East 162.60 feet to the Easterly line of said abandoned right of way; thence along said Easterly line North 4°40' 18" West 343.26 feet to a point bearing South 89°40'18" East 200.00 feet from the true point of beginning; thence North 89°40'18" West 200.00 feet to the true point of beginning. APN: 214-160-28-00 214-171-11-00 214-160-25-00