The URL can be used to link to this page

Home My WebLink AboutCDP 15-17A; 6125 Paseo Del Norte LLC; 2016-0460009; 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# 2016-0460009 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:05AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-040-25-00, . t:"i.;') 211-040-26-00 ~ PROJECT 10: COP 15-17A PROJECTNAME: ~6~12~5~P-as_e_o~D~e~I7N~o~rt-e ____ __ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 486-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, 6125 Paseo Del Norte, LLC, 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 construction work or improvements as specified in this agreement. 1 IIFILES01V\DepartmentsiCED\LandDeviPROJECTSICDPICDP 15\CDP 15·17A 6125 Paseo del Norte\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 /II Ill /II /II Ill /II Ill Ill Ill /II Ill Ill /II Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-17A 6125 Paseo del Norte\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of --~_,___,.J~~""'--=~------' 20 I (. APPROVED AS TO FORM: CELIA BREWER City Attorney By {JQL~ "RONKEflip Assistant City Attorney City of Carlsbad OWNER(S) 6125 Paseo Del Norte, LLC, a California limited liability company By: Date: By: Date: s (Sign Here) Scott Leggett, Managing Member (Print Name and Title) .., -...... ~-\ \o (Sign Here) (Print Name and Title) (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\Departments\CED\LandDeviPROJECTSICDPICDP 15\CDP 15-17A 6125 Paseo del Norte\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 / CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 X"&IZ~~~~~~~~""'*'ie;~£',d'~,a-~~A.l\{"~~~~~ ... fA notary public or other officer completing this certificate verifies only the identity of the individual who signed the ~-~ocument to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. -------------------~----------------------------------------------------------------------------------- State of California ":\.. ) Countyof_.S9._n u; e_~() ) On _1 _:~&_•J!.t__ before me, __ ~--~OR.\_~~~\ L~ L __ J.),O( ..44."{ Date ..J......L Here Insert Name and Title of the Officer~ personally appeared S C..O-l;~ L~~-------N~ers) 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. LORI PARTITO 1 Commission No. 2116465 A NOTARY PUBLIC-CALIFORNIA - SAN DIEGO COUNTY My Comm ExptrelhiUNE 3Q. 2019 . Place Notary Seal Above ! certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------------------oPnONAL--------------------------- 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:------------- 0 Corporate Officer -Title(s): ---------.. --·-· 0 Partner -0 Limited 0 Genera! 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------·-·---·-----Signer Is Representing: ____ .. _____ ... __ _ Signer's Name:------·------- 0 Corporate Officer -Title(s): _ ... _. ______ .. _ .... _ 0 Partner -D Limited [J General D Individual D Attorney in Fact [J Trustee 0 Guardian or Conservator D Other: Signer Is Representing: _________ .... _. __ _ .K<'§N~="iR:o;;;i;C9'~~~='!<<;,~X~.>;(,'(:;<;'l¥>'t~~''''!1A>"'6\';'§N..,0-=~~.,!llo'§1<:;!';;1.;'!,;1')'§::!<;;~~~=t @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\DopartmontsiCED\LandDoviPROJECTSICDPICDP 15\CDP 15·17A 6125 Paseo dol Norte\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 12205932-993-SD2 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: APN: 211-040-25 & 26 PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 13, 2016 AS INSTRUMENT NO. 2016- 0015564 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 5 AND A PORTION OF PARCEL 6, AS SHOWN ON PARCEL MAP NO. 6022 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1977, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 5 AND 6 SOUTH 42°43'02" EAST 204.44 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 47°25'54" WEST 65.40 FEET; THENCE SOUTH 30°34'38" WEST 250.11 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID PARCEL 6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCELS 5 AND 6, NORTH 30°44'26" WEST 284.03 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 5 NORTH 47°40'33" EAST 246.02 FEET TO THE POINT OF BEGINNING. PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 13, 2016 AS INSTRUMENT NO. 2016- 0014169 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 6, AS SHOWN ON PARCEL MAP NO. 6022 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1977, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOW: COMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 5 OF SAID PARCEL MAP NO. 6022; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 5 AND 6 SOUTH 42°43'02" EAST 204.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 47°25'54" WEST 65.40 FEET; THENCE SOUTH 30°34'38" WEST 250.11 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID PARCEL 6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 6, SOUTH 30°44'26" EAST 80.24 FEET; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 6, SOUTH 28°13'4211 EAST 60.15 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 6; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6, NORTH 47°20'31" EAST 336.66 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 6; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL 6 NORTH 42°43'02" WEST 208.80 FEET TO THE POINT OF BEGINNING. CL T A Preliminary Report Form-Modified ( 11/17 /06) Page 3