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Home My WebLink AboutCDP 2017-0023; Southern California Investors Inc; 2018-0080232; 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# 2018-0080232 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Mar 01, 2018 10:14 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $101.00 (S82 Atkins: $75 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~SS. OR'S PARCEL NO.: 206-042-47-00 · PROJECT ID: CDP 2017-0023 ------------PROJECT NAME: Sheridan Place ------------ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 505-7 A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Southern California Investors, Inc., a California corporation, 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. \\FILES01 V\DepartmentslCED\LandDevlPROJECTS\CDPICDP2017\CDP2017-0023-Sheridan Place-levy\Bonds and Agreement\HOLD 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 /II /II /II /II Ill /II /II /II /II Ill /II /II /II Ill /II /II /II /II /II /II I\FILES01V\Departments\CED\LandDevlPROJECTSICDPICDP20171CDP2017-0023-Sheridan Place-Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this _3=-1 __ ....-.-- f J II t~L' Qfl-) 20 ) y dayo --------'==--L..o.,._t___,__1----'-~>~----' _____ _ OWNER(S) Southern California Investors, Inc., a California corporation APPROVED AS TO FORM: CELIA BREWER City Attorney By•~ RONKEMP --- Assistant City Attorney City of Carlsbad Date: By: Date: Robert Erdtsieck, Sr., CEO (Print Name and Title) (:~- (Sign Here) Shawn Nelson, President, Secretary (Print Name and Title) , r~, I, r 'l I (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.) \\FILES01 V\Departments\CED\LandOev\PROJECTS\CDP\CDP2017\CDP2017-0023-Sheridan Place-Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otl1er 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. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) pare subscribed to the within instrument and acknowledged to me that t<e'!sKe/they executed the same in j)is/l;rer/their authorized capacity(ies), and that by ~/j'rt3r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. Place Notary Seal 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. Sigootu,e~ Gil .kiJU Signature of Notary Public ---------------OPTIONAL--------------- 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: \\dcl~ ___ (AQ/\ o 1,, Document Date: __ _ Number of Pages: ______ Signer(s) Other Tha~ffa~ Above: ___ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual ,D Attorney in Fact n Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator l1 Other: ·---------------------[J Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ hv;;;<J='='-''=<>===~,=~=<;;:<;:~~~=';?0"20g'!;;=-,c;=,g,==-q=-q0~<:X:<x' \(!2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0023-Sheridan Place-Levy\Bonds and AgreementlHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00081969-992-IE2-JAB 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: PARCEL 1: ALL THAT PORTION OF TRACT 232 OF THE THUM LANDS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12 OF BALI HAI TERRACE ACCORDING TO MAP THEREOF NO. 4751, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 21, 1961, BEING A POINT IN THE BOUNDARY OF LAND DESCRIBED IN DEED TO KAMAR CONSTRUCTION COMPANY, RECORDED AUGUST 31, 1959 AS DOCUMENT NO. 179594 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTH 28° 39' WEST 61.69 FEET TO AN ANGLE POINT THEREIN, AND SOUTH 61° 21' WEST 110.00 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF LOT 16 OF SAID BALI HAI TERRACE; THENCE ALONG THE BOUNDARY OF SAID BALI HAI TERRACE, SOUTH 28° 39' 00" EAST 61.69 FEET TO AN ANGLE POINT THEREIN, AND NORTH 61 ° 21' 00" EAST 110.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PRIVATE ROAD EASEMENT OVER, UPON, AND UNDER THAT PORTION OF TRACT 232 OF THUM LANDS IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 12 OF BALI HAI TERRACE ACCORDING TO SUBDIVISION MAP THEREOF NO. 4751, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1961 AS FILE NUMBER 69703; THENCE NORTHWESTERLY ALONG EASTERLY LINE OF SAID LOT 12, NORTH 28°10'26" WEST (RECORD NORTH 28° 39' 00" WEST PER SAID MAP 4751), 136.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61 °49' 34" EAST, 1.36 FEET TO THE BEGINNING OF A NON-TANGENT 48.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 48° 09' 04" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13° 41' 22", AN ARC DISTANCE OF 11.47 FEET TO THE EASTERLY LINE OF LAND DESCRIBED IN DEED TO VERA M. BREGG AS TRUSTEE OF THE VERA M. BREGG REVOCABLE LIVING TRUST RECORDED ITJL Y 19, 1995 AS DOCUMENT NO. 1995-307002 OF THE OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 28° 10' 26" EAST, 11.35 FEET TO THE TRUE POINT OF BEGINNING. APN: 206-042-47-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 3