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HomeMy WebLinkAboutCT 06-24; LNR CPI Retail LLC; 2008-0061670; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2008-0061670 FEB06, 2008 4:21 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J S MIT H, CO U N TY R E CO F! D E R FEES: 0.00 PAGES: 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-191-02 PROJECT NO. & NAME: CT 06-24 Bressi Ranch Village Center HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 452-9A) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 213-191-02 , I/We, LNR CPI Bressi Retail, LLC, a California limited liability company, the owners 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 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGEfCT 06-24).doc occurring during the 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 20/51 . PROPERTY OWNERS LNR CPI Bressi Retail, LLC, a California limited liability Company By: LNR CPI A&D Holdings, LLC, a Delaware limited liability company, its member By: LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership, its member By: LNR CPI Fund GP, LLC, a Delaware limited liability company, it By: (Sign Here) R. Lang Cottrell, Vice President (Print Name and Title) Date: By: _ (Sigfi Here) Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney )eputy City Attorney 2 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and AgreementVHOLD HARMLESS AGREEMENT DRAINAGE(CT 06-24) doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Name and Title of Officer (e.g., "JaneCoe, Notary Public") State of California County of On Date personally appeared Name(s) of Signer(s) IL. GAUTHIER Commission # 1722843 Notary Public • California | Orange County ' 1 I Place Notary Seal Above ^(personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person^) whose namefc) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he*/thetr authorized capacity(ia$), and that by his/het/tf^etr signature\s) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my_handand official seal. Signature OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document, Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION OF SHOPPING CENTER BEING A PORTION OF LOTS 4 AND 5 OF CARLSBAD TRACT CT 03-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED MAY 21, 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 5, SAID CORNER BEING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF GATEWAY ROAD, 72.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14800, SAID CORNER ALSO BEING THE BEGINNING OF 264.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 02°23'12" EAST; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 5 AND THE ARC OF SAID CURVE, 162.40 FEET THROUGH A CENTRAL ANGLE OF 35°14'41"; THENCE TANGENT FROM SAID CURVE, SOUTH 52°22'07" EAST 102.35 FEET TO THE BEGINNING OF A TANGENT 386.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 465.00 FEET THROUGH A CENTRAL ANGLE OF 69°01'18"; THENCE TANGENT FROM SAID CURVE, NORTH 58°36'35" EAST 178.06 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, 34.07 FEET THROUGH A CENTRAL ANGLE OF 78°04'47" TO A POINT IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET, 89.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14800, SAID POINT ALSO BEING THE BEGINNING OF A 717.00 FOOT RADIUS, REVERSE CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 46°41'22" WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE AND THE NORTHEASTERLY LINE OF SAID LOT 5,427.10 FEET THROUGH A CENTRAL ANGLE OF 34°07'46"; THENCE TANGENT FROM SAID CURVE SOUTH 77°26'24" EAST 177.68 FEET TO THE BEGINNING OF A TANGENT, 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE, SOUTHEASTERLY, AND SOUTHERLY, 42.46 FEET THROUGH A CENTRAL ANGLE OF 97°18'54" TO A POINT IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF BRESSI RANCH WAY WITH A VARIABLE WIDTH RIGHT-OF-WAY AS SHOWN ON SAID MAP NO. 14800, SAID RIGHT-OF-WAY ALSO BEING THE SOUTHERLY LINE OF SAID LOT 5; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 19°52'30" WEST 180.05 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, 332.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70°38'27"; THENCE TANGENT FROM SAID CURVE NORTH 89°29'03" WEST 102.05 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 296.48 FEET THROUGH A CENTRAL ANGLE OF 51°28'35"; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 5, NORTH 50°03'56" WEST 61.43 FEET; THENCE NORTH 03°07'33" WEST 89.18 FEET; THENCE SOUTH 86°52'27" WEST 165.00 FEET; THENCE NORTH 03°07'33" WEST 31.00 FEET TO A POINT ON THE LINE COMMON TO SAID LOT 4 AND 5; THENCE WESTERLY ALONG SAID COMMON LINE, SOUTH 86°52'27" WEST 118.90 FEET TO A CORNER COMMON TO SAID LOTS 4 AND 5; THENCE ALONG THE WESTERLY LINE OF SAID LOT 5, NORTH 03°07'33" WEST 196.97 FEET TO THE NORTHERLY RIGHT-OF-WAY OF TOWN GARDEN ROAD AS DEDICATED PER DOCUMENT RECORDED MARCH 26,2007 AS INSTRUMENT NO. 2007-0200097, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE WESTERLY ALONG SAID RIGHTOF-WAY, SOUTH 86°52'54" WEST 75.37 FEET TO THE BEGINNING OF A NON-TANGENT, 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 54°38'59" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 32.02 FEET THROUGH A CENTRAL ANGLE OF 30°34'23" TO THE BEGINNING OF A NON-TANGENT, 10.00 FOOT RADIUS, REVERSE CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 24°05'23" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 9.05 FEET THROUGH A CENTRAL ANGLE OF 51°49'27"; THENCE NON-TANGENT FROM SAID CURVE, SOUTH 86°52'27" WEST 44.36 FEET TO THE BEGINNING OF A NON-TANGENT 10.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 82°09'57" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 9.05 FEET THROUGH A CENTRAL ANGLE OF 51°49'27" TO THE BEGINNING OF A NON-TANGENT 60.00 FOOT RADIUS, REVERSE CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 30°19'43" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 34.34 FEET THROUGH A CENTRAL ANGLE OF 32°47'20"; THENCE NON-TANGENT FROM SAID CURVE, AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID TOWN GARDEN ROAD AND THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 86°52'54" WEST 134.05 FEET TO A COMMON CORNER TO SAID LOT 5 AND LOT 1, AS SHOWN ON SAID MAP NO. 14800; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE WESTERLY LINE OF SAID LOT 5, NORTH 03°07'27" WEST 252.53 FEET; THENCE NORTH 67°51'19" WEST 48.65 FEET; THENCE NORTH 03°07'13" WEST 208.89 FEET TO THE POINT OF BEGINNING. SAID LAND BEING DESCRIBED AS PARCEL A IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 24, 2007 AS INSTRUMENT NO. 2007-0563780 OF OFFICIAL RECORDS. EXCEPTING THEREFROM: A. ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOW, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT OF WHIPSTOCK OR DIRECTIONALLY DRILL AND DRILL MINE FROM LANDS OTHER THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH OR ENTER UPON THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND. AS RESERVED IN THE DEED RECORDED MAY 28, 2004 AS INSTRUMENT NO. 2004-0495514 OF OFFICIAL RECORDS. B. EXCEPT THEREFROM, ALL UNDERGROUND WATER LYING BENEATH SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE THEREOF FOR THE PURPOSE OF PROCURING WATER, AS RESERVED UPON THE MAP OF SAID LAND. (AFFECTS PARCEL 5) PARCELS: AN EXCLUSIVE EASEMENT FOR THE PURPOSES OF INSTALLING, MAINTAINING, REPAIRING, ALTERING AND/OR REPLACING A SIGN AND ASSOCIATED LANDSCAPING TOGETHER WITH A NON- EXCLUSIVE EASEMENT TO INSTALL, MAINTAIN, REPAIR, ALTER, AND REPLACE, AS NECESSARY, UNDERGROUND ELECTRICAL UTILITIES NECESSARY TO PROVIDE POWER TO THE SIGN OVER A PORTION OF LOT 29 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960 AS 1 CONTAINED IN THE DOCUMENT ENTITLED "SIGN EASEMENT AGREEMENT" RECORDED JUNE 28, 2007 AS INSTRUMENT NO. 2007-0434916 OF OFFICIAL RECORDS.