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HomeMy WebLinkAboutCT 07-05; City of Carlsbad; 2008-0614634; 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 I DOC# 2008-0614634 DEC 01,2008 3:52 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-110-03 PROJECT ID: CT 07-05 PROJECT NAME: La Costa Greens N. 1.3 RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 457-8A) for development to occur on property more particularly described as (see attached, Exhibit "A), I/We, L.C. Greens 1.3 LLC, a Delaware 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 occurring during the construction work or improvements as specified in this agreement. H:\Development Services\PROJECTS\CT FILES\CT 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(DWG 457-8J.doc 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 //a" day of jULf^r^.^ , 20 ^ . OWNER(S) L.C. Greens 1.3 LLC, a Delaware limited liability company By: (Sign Here) DANNY GABRIEL. Manager (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: puty City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) H:\Development Services\PROJECTS\CT FILES\CT 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 457-8J.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of' 'Date personally appeared before me, Here Insert Narfje and Title of the Officer Name(s) of Signer(s) M.L.LUCU8 I COMM. 41707573 ANOTARY PUBUC-CAUPORNIA if SAN DIEGO COUNTY QMy Commission Expires mDECEMBER 23.2010 g who proved to me on the basis of satisfactory evidence to be the personfe)~whose namec$(1syare subscribed to the within instrument and acknowledged to me that i/she/they executed the same ir\fiiMierAheir authorized 3acity(ie^, and that by^fifs^er/thejr signature"^ on the instrument the persorifs^ or the entity upon behalf of which the persoiXsi^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and 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) . Number of Pages:. 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: ___'__- RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): ____ Q Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: • Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here i!fc^!sao!sa<a#)fffc^^(ffl^^ ©2007 National Notary Association* 9350 De Soto Ave., P.O.Box 2402 •Chatsworth.CA 91313-2402 •www.NationalNotary.ora ^em #5907 Reorder Call Toll-Fnee 1-800-876-6827 Doc ER-08-06 03/13/2008 EXHIBIT "A' Parcel A: Parcel 4 of Parcel Map No. 20174, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego County, December 20, 2006 as File No. 2006-0901065 of Official Records. Parcel B: A non-exclusive easement for drainage of surface waters, installation of utilities, access, ingress and egress, pursuant to Reciprocal Easement Agreement recorded June 29,2007 as File No. 2007-0439413 of Official Records, over, across and through that certain strip of land on Parcel 2 of said Parcel Map No. 20174, described as follows: Being a 30.00 foot wide strip of land lying 15.00 feet on each side of the following described centerline: Commencing at the southwest corner of said Parcel 2; thence along the southerly boundary of said Parcel, South 60°23'54" East 30.69 feet to the true point of beginning; thence North 29°40'00" East, 278.65 feet to the beginning of a 400.00 foot radius curve concave southeasterly; thence northeasterly along the arc of said curve through a central angle of 19°14'00" an arc distance of 134.27 feet; thence North 48°54'00" East, 146.55 feet to the beginning of a 200.00 foot radius curve concave northwesterly; thence t: northeasterly along the arc of said curve through a central angle of 39°00'30" an arc distance of 136.16 feet; to the southerly line of Camino Vida Roble and the point of terminus. The sidelines of said 30.00 foot wide strip of land shall be extended or shortened so as to terminate southerly in said southerly boundary of Parcel 2 and northerly in the southerly line of Camino Vida Roble. Parcel C: A non-exclusive easement to install, maintain and repair certain landscaping improvements (including without limitation, sprinklers and drainage facilities), reciprocal and incidental uses appurtenant thereto, pursuant to Easement Agreement recorded June 29,2007, as File No. 2007- 0439413 of Official Records, on, over, through and across those portions of Parcel 2 of said Parcel Map No. 20174, described as follows: Parcel 1: Commencing at the southeasterly terminus of that certain course in the southerly right of way line of Camino Vida Roble as shown and described on said Parcel Map as "N52°23'40"W 50.00", said point being the beginning of a tangent 50.00 foot radius curve, concave northerly; thence easterly along said southerly right of way line and the arc of said curve through a central angle of 25°44'43" an arc distance of 22.47 feet to a point hereinafter referred to as point "a"; thence continuing along said southerly right of way line and the arc of said curve through a central angle of 36°16'26" an arc distance of 31.66 feet to the true point of beginning; said point being the beginning of a non-tangent 215.00 foot radius curve concave northwesterly a radial line to said point bears South 24°24'50" East; thence leaving said southerly right of way line southwesterly along the easterly sideline of an existing 300.00 foot wide general utility and access easement granted per said Parcel Map and along the arc of said curve through a central angle of 40°50'49" an arc distance of 153.28 feet; thence continuing along said easterly sideline the following; South 48°54'00" West, 146.55 feet to the beginning of a 385.00 foot radius curve EXHIBIT "A" (continued) concave southeasterly; thence southwesterly along the arc of said curve through a central angle of 19014'00" an arc distance of 129.24 feet; thence South 29°40'00" West, 278.63 feet to the southwesterly line of said Parcel 2; thence leaving said easterly sideline along said southwesterly line, South 60°23'54" East, 34.00 feet; thence leaving said southwesterly line North 35°43'40" East, 49.09 feet; thence North 24°28'26" East, 51.64 feet; thence North 18°57'25" East, 100.39 feet; thence North 11019'29" East, 24.11 feet; thence North 24°26'20" East, 15.74 feet; thence North 35°03'07" East, 42.69 feet; thence North 20°41'36" East, 21.39 feet; thence North 27°23'48" East, 14.41 feet; thence North 36°16'18" East, 17.95 feet; thence North 45001'04" East, 25.36 feet; thence North 55°36'49" East, 14.84 feet; thence North 40°20'50" East, 31.59 feet; thence North 45°35'02" East, 20.12 feet; thence North 55°58'13" East, 8.03 feet; thence North 64°23'42" East, 15.34 feet; thence North 70°52'45" East, 35.94 feet; thence North 46°13'39" East, 20.63 feet; thence North 35°16'28" East, 108.00 feet; thence North 30°06'57" East, 35.93 feet; thence North 21°36'04" East, 25.30 feet; thence North 17°36'28" East, 48.88 feet to the southerly right of way line of said Camino Vida Roble and the beginning of a non-tangent 50.00 foot radius curve, concave northwesterly, a radial line to said point bears South 3 8° 18'00" East; thence southwesterly along said southerly right of way line and the arc of said curve through a central angle of 13°53'H" an arc distance of 12.12 feet to the true point of beginning. Parcel 2: Being a 5.00 foot wide strip of land the easterly sideline described as follows: i Beginning at the hereinabove described point "a" in parcel " 1" above, said point being on the westerly sideline of an existing 30.00 foot wide general utility and access easement granted per Parcel Map No. 20174 and the beginning of a 185.00 foot radius non-tangent curve concave northwesterly a radial line to said point bears South 79°33'37" East; thence southwesterly along said westerly sideline and the arc of said curve through a central angle of 38°27'37" an arc distance of 124.18 feet; thence continuing along said westerly sideline the following: South 48°54'00" West, 146.55 feet to the beginning of a 415.00 foot radius curve concave southeasterly; thence southwesterly along the arc of said curve through a central angle of 19°14'00" an arc distance of 139.31 feet; thence South 29°40'00" West, 278.67 feet to a point on the southwesterly line of said Parcel 2 arid the point of terminus. The westerly sideline of said 5.00 feet wide strip of land to be shortened or extended so as to terminate northerly in the southerly right of way line of said Camino Vida Roble and southerly in the southwesterly line of said Parcel 2. END OF LEGAL DESCRIPTION