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Home My WebLink AboutCT 12-03; 201 Walnut, LLC; 2015-0415987; Hold Harmless Agreement/ReleaseDOC# 2015-0415987 RECORDING REQUESTED BY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIM WHEN RECORDED MAILTO: 1 llllll Illll Illll Illll nil llllll Illll Illll Illll mil Illll Illll nil nil Aug 06, 2015 10:20 AM OFFICIAL RECORDS City Clerk Ernest J. Dronenburg, Jr., CITY OF CARLSBAD SAN DIEGO COUNTY RECORDER 1200 Carlsbad Village Dr. FEES: $27.00 Carlsbad, CA. 92008 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 201 Walnut Townhomes 204-141-01 and 204-141-03 CT 12-03 HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration ofthe City's approval of PC Res No.: 6978 Subdivision No. 204-131- 01 and 03 for development to occur on property more particularly described as (see attached. Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Walnut Townhomes, LLC, owner(s) of the subdivided property, promise to hold the City of Carlsbad, its officers, agents and employees, or any other public agency, harmless from any liability for damage to the driveway or access portion of the panhandle lot when it is being used in the performance of any public service or activity. /// /// /// /// /// /// /// /// WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS,docx Rev. 01/25/13 This agreement is required as a condition of approval by the Cartsbad Municipal Code, this agreement shall be binding on my(our) heirs and assigns or other successive owners of the subject property and shall be noted on the final map. IN WITNESS WHEREOF, the undersigned has executed this instrument this 1)^ ^ day of S\A\VS 20_\^ PROPERTY OWNERS 201 Walnut, LLC A Delaware limited liability company By: Village 201, LLC, a California limited liability company, its manager By: Alliance Development Services, Inc. a California corporation, its manager By: (sign here) Greg La Marca, President Date: (print name and title) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER 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.) 2 WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev- 01/25/13 CAURHmiA MJL-mm»t^ ACNNOWLEDGMENT CIVa. CODE §1188 A m^ry pul^ or other o^Scar cocripiBftig iHs OHtScats vBiffiee a% Ute idn^ of iw mtvidu^ signed ths donnieiit tD wMdIi this can^rad* is Mtactwd. ^ rw^ ^ate o( Cafifomia Conwrty of _ On. before ma,. personal^ sif^ieared _ H»im fraett hkmm and TSmof the (Mcor ' Nam^ of Si^mr^) who proved to me orf tfie tirais of salisteciory evidence io be theperaonUf wtiose nameif^ suberaibed to fhe witMn ir»tnjinafit and actoiowtedgad to me that^Sant^tf/ttiey eHscuted the same n SPSfls^i^ijHW aiiitKxrraBd capoK^itWJ^. arKi that or the enr^ uport lieih^ of whiSi tte peraor^t^pScnd. aitectited the ini^rument I certify ufKiaf PENALTi' OF reFUURY wder the tows of Vno Stala of CiAtomia that the foregoing paragraph is true and coned CODY ALLAN GUY COMM. #2057416 Notary Public California SAN DIEGO ^ My App. Expires Feb. 10,2018 J WrTNESS my hand and c^ticiai seai. Signohirej SrgnabffS ofNo^y Public<- PiacB Notary Seal Atx>vti — OPTKiHAL Tbou^ Cfns seciKir? 13 qpiKwiaf. con^daSng tim infommSon can deter aHarajibn Itio tkxiument or Wmidu^nt realtBt^nmt of ttm form k> an umntatKlod doojmant Description ot Attached Document Tifle or Type of Document Nimber of Pages: 8ign8r(a^ Ottier Than htarrrad Above: Capijcityfieaj Claimed by Signst(s) Sigrter's Nama: Document Date: • CorporalB Officer — Tile^: • F^rlner— •LMted •General • indhftdual • Attomey in Fact • Trus^ • QuBrtSan or Conservator • Other Signer la Fteprasonfing: Sigrter's hteirrw: • Cofporatte Officer — TOef^: • Parkier— • i-Hnfted •Qerrard • IncSvidual • Attomey m Fact • Trustee • Guardian cw Conaervator • Other Signer Is Ftepreaan&ig: .^'UJ.^.J.'..^.^J^..^^.^.^.^.J..v^;.^.v,^.T.*^T.4^'*iJMW^wla^>J^'J^ 61^14tWtmalNc^Associaiion •ww.N^exd4oiary.oig-1-«)0-USI^ ^amiSSBT WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS.docx Rev. 01/25/13 Order Number: NCS-629671-SD Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET VACATED BY RESOLUTION NO. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS FILE NO. 1996-0163578 OF OFFICIAL RECORDS, ALL AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007 AS FILE NO. 2007-0261639 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34°33'00" EAST 66.69 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY UNE NORTH 55°26'37" EAST 91.00 FEET; THENCE NORTH 34°33'00" WEST 76.68 FEET, TO THE SOUTHEASTERLY RIGHT-OF WAY LINE OF WALNUT AVENUE, SAID POINT BEING 30.00 FROM THE CENTERLINE OF SAID STREET; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE SOUTH 55°27'00" WEST 71.00 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 20.94 FEET THROUGH A CENTRAL ANGLE OF 60°00'00" TO A POINT ON A NON-TANGENT LINE, SAID POINT BEING 40.00 FEET FROM THE CENTERLINE OF WALNUT AVENUE, THE RADIAL BEARING AT SAID POINT BEING SOUTH 85°27'00" WEST; THENCE SOUTH 55°27'00" WEST 2.68 FEETTO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007, AS FILE NO. 2007- 0261640 OF OFFICIAL RECORDS, AND AS DESCRIBED AS FOLLOWS: BEGINNING ATTHE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34°33'00" EAST 66.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT- OF-WAY LINE NORTH 55°26'37" EAST 91.00 FEET; THENCE SOUTH 34°33'00'EAST 66.68 FEET; THENCE SOUTH 55°26'14" WEST 91.00 TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SAID STREET; THENCE NORTHWESTERLY ALONG THE SOUTHEASTERLY RIGHT-OF WAY LINE OF GARFIELD STREET NORTH 34°33'00" WEST 66.69 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: A PORTION OF THUM LANDS, TRACT 216, IN THE CTTY OF CARLSBAD, COUNTY OF SAN DIEGO, First American Title Insurance Company Order Number: NCS-629671-SD Page Number; 9 STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET VACATED BY RESOLUTION NO. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS FILE NO. 1996-0163578 OF OFFICIAL RECORDS, ALL AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007 AS INSTRUMENT NO. 2007-0261641 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING ATTHE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WALNUT AVENUE NORTH 55°27'00" EAST 2.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE, THE RADIAL BEARING TO SAID POINT BEING NORTH 85°27'00" EAST; THENCE ALONG SAID CURVE 20.94 FEET THROUGH A CENTRAL ANGLE OF 60°00'00" TO A POINT ON A TANGENT UNE, SAID POINT BEING 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF WALNUT AVENUE; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WALNUT AVENUE NORTH 55°27'00" EAST 71.00 FEETTO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT- OF-WAY LINE NORTH 55°27'00" EAST 81.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 90°00'00" TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF LINCOLN STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SAID LINCOLN STREET; THENCE ALONG SAID SOUTHWESTERLY RIGHT- OF-WAY LINE SOUTH 34°33'00" EAST 190.01 FEET; THENCE SOUTH 55°25'51" WEST 10.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT 216; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT 216 SOUTH 55°25'51" WEST 91.00 FEET; THENCE NORTH 34°33'00" WEST 210.04 FEETTO THE TRUE POINT OF BEGINNING. APN: 204-131-01-00 (AFFECTS: PARCEL ONE); 204-131-02-00 (AFFECTS: PARCEL 2) AND 204- 131-03-00 (AFFECTS: PARCEL 3) First American Title Insurance Company