HomeMy WebLinkAboutCT 2017-0003; Woodside 05S, LP; 2024-0272360; 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# 2024-0272360
111111111111 lllll 11111 1111111111ll111 111111111111111 11111111111111111I
Oct 09, 2024 01 :24 PM
OFFICIAL RECORDS
JORDAN Z. MARKS
SAN DIEGO COUNTY RECORDER
FEES $0 00 (SB2 Atkins: $0.00)
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 223-050-73-00 --------------
PROJECT ID: CT 2017-0003
PROJECT NAME: La Costa Town Square Parcel 3
Residential
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 536-1B) for development to
occur on property more particularly described as (see attached, Exhibit "A"), I/We, Woodside 05S, LP., a
California limited partnership, the owner(s) of said property, promise to indemnify and to hold t he City
of Ca rlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage
t o or taking of property, directly or indirectly caused by the diversion of wat ers, the alteration of the
normal flow of surface waters or drainage, or the concentration of surface waters or dra inage from t he
drainage system or other improvements identified in t he approved plans; or by t he design, const ruction
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 t he 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
construction work or improvements as specified in this agreement.
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It is further agreed that the above owner(s) w ill 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.
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\I.'"" IN WITNESS WHEREOF, the undersigned has executed this instrument this--"--day of
f<..v..\-(.vvw-ec , 20 z.➔
OWNER{S):
WOODSIDE 0SS, LP., a California limited partnership
By: WDS GP, INC., a California corporation
APPROVED AS TO FORM:
CINDIE M CMAHON
City Attorney
Assistant City Attorney
City of Carlsbad
By:
Date:
Its G
Andrew John Jarvis -Vice President
{Print Name and Title)
(Proper not arial 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 reso lution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.)
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CALIFORNIA 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 __,_12.-'-'i'--'-\/<---'~'-'--="--lc:U-______ _
On JevtieJYIW Ho~ ,202-y before me, Cadun N,t[Af'l.i F[sju-, r,hto.l'U &#ic.
Date L J IA Hpre Insert Name and Titlfi of thec5";,?cer
personally appeared /Jllcfri.lA,u _ 0f1J1 , }OfY/S V
Name{s) of Slgner(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.
CAITLIN MOEL.AMI FOSTER
Notary Public • California ~
Rtverslde County ~
Commission I 2448796
• My Comm. Expires Jun 1, 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.
OPTIONAL
Completing this information can deter alteration of the ment or
fraudulent reattachment of this form to an unlnte a document
Description of Attached Document
Title or Type of Document:--------....,..-"'------------------
DocumentDate: __________ 7""':...._ ________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above:...,..'----------------------
Capaclty(les) Claimed by Sign
Signer's Name: ___ ____,,.,£_ ______ _
o Corporate Officer -T (s): ______ _
Signer's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _
□ Partner -o Lim □ General o Partner -o Limited o General
o Individual o Attorney In Fact o lndlvldual D Attorney In Fact
o Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator
D Other· D Other: --------------
Sign s Representing: ________ _ Signer Is Representing: ________ _
102019 National Notary Association
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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of Ca lifornia, described as follows:
PARCEL A:
PARCEL 3 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-08 RECORDED BY THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO ON JULY 11, 2012 AS PARCEL MAP NO. 20982.
EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL
STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN
OR UNDER WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLAN PARALLEL TO
AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL
RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND
REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL,
WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
RE -DRILL, RE -TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES,
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS
RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23; 1983 AS INSTRUMENT NO. 1983-
212476 OFFICIAL RECORDS.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN ACCESS UPON, OVER AND ACROSS THAT PORTION OF
LOT 17 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
15998, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING
DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE
ALONG THE WEST LINE OF SAID LOT NORTH 34°57'39" WEST, 66.98 FEET, THENCE NORTH 32°50'49"
EAST, 16.68 FEET; THENCE NORTH 06°32'56" WEST, 48.93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE NORTH 25°34'23" EAST, 35.81 FEET TO THE BEGINNING OF A
25.00 RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47°36'14" A DISTANCE OF 20.77 FEET; THENCE NORTH
73°10'37" EAST, 8.38 FEET; THENCE NORTH 28°26'47" EAST, 70.22 FEET; THENCE NORTH 61 °55'24"
WEST, 29.70 FEET; THENCE NORTH 28°39'08" EAST, 6.75 FEET; THENCE NORTH 02°11'43" EAST, 56.00
FEET; THENCE NORTH 22°05'36" WEST, 119.23 FEET; NORTH 03°11'49" WEST, 86.40 FEET; THENCE
NORTH 21°19'10" WEST, 16.06 TO THE WESTERLY LINE OF SAID LOT 17 AND THE POINT OF
TERMINUS.
THE SIDELINES OF THE HEREINABOVE DESCRIBED 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY IN THE WESTERLY
LINE OF LOT 17.
PARCEL C:
AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, UPON AND ACROSS THAT PORTION OF LOT
15 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15998, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF TRACT NO. 04-08 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 20982 FILED IN THE OFFICE OF THE COUNTY OF SAID COUNTY JULY 11, 2012; THENCE ALONG
SAID WESTERLY LINE OF SAID PARCEL SOUTH 22°17'46" EAST, 191.06 FEET, THENCE SOUTH
13°16'26" EAST, 26.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA
AVENUE AS DEDICATED PER DOCUMENT NO. 77-281161, SAID POINT BEING THE BEGINNING OF A
NON TANGENT 958.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 13°16'26" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16°24'20", A DISTANCE OF 274.31 FEET; THENCE LEAVING SAID
RIGHT OF WAY NORTH 26°29'00" WEST, 8.33 FEET, THENCE NORTH 12°29'49" WEST, 5.87 FEET;
THENCE NORTH 17°34'49" EAST, 70.57 FEET; THENCE SOUTH 89°45'39" EAST, 10.42 FEET, THENCE
NORTH 71°59'03" EAST, 132.73 FEET; THENCE SOUTH 75°09'31" EAST, 6.03 FEET; THENCE SOUTH
50°08'27" EAST, 35.79 FEET TO THE POINT OF BEGINNING.
APN: 223-050-73-00