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Home My WebLink AboutCT 12-03; 201 Walnut, LLC; 2015-0416053; Hold Harmless Agreement/ReleaseDOC# 2015-0416053 RECORDING IS REQUESTED 1 llllli Illll Illll Illll nil mill Illll mil mil mil mil iiiii ill llll FOR THE BENEFIT OF THE CITY ilil 111 ili Iiil II OF CARLSBAD Aug 06, 2015 10:31 AM OFFICIAL RECORDS WHEN RECORDED MAILTO: Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City Clerk FEES: $30.00 CITY OF CARLSBAD PAGES: 6 1200 Carlsbad Village Dr Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 204-141-01 and 03 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CT 12-03 201 Walnut Townhomes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 483-1A) for development to occur on property more particularly described as (see attached. Exhibit "A"), I/We, 201 Walnut, LLC, 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. WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 483-1 A).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 ofthe property described herein. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - LevyVB & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 483-1A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of. 20 APPROVED AS TO FORM: CELIA BREWER City Attorney By: OWNER(S) 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 (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: 50N KEMP Assistant City Attorney (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.) WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & AVHOLD HARMLESS AGREEMENT DRAINAGE (DWG 483-1A).doc 01/25/13 CAUronHA ALL-PURPOSE APCmWiEINyMEIfT Cim. CODE §1189 ii=<l<« ?°S?a gtlVi «<«<l^':<fi\f?:Li<:nflijf,tjnij(» J*.-^.-«./:ih«.y»« >ea •»=< •g:i«<fi^t,<:..t:^i.<':.a'.i.^;i JTM J» jnt--^o.Ti..-a.i^>-Bt.^ >^>tS:X,: A notary piMc; or other ofScar ooni|)iB(8igi coftiBcalie vsniiBe tii% ttw idsntNly oif ttw imtwdksl who sigmd the documm to whkdi lt)» cwlPcal» s attachwi «x] ncA the ^ate of Citffomja Cow*yof Si^fS /^feyf? befora me. persomalijr Sf^pemed art anc^ Tiito of O^fcsr wlio proved to me crt ihe faaara of ss^isfactory evidettca be tha parso^ whose narrwf^ t^ira S^toactilawi to ttn wfthin iratemant and acknowdad^^ed io rm ^oAft^^ta^^ ^(sctAad the aaan/in A^/)lfar^tAsir authorized c^jacSyfi^}. and that by^^ibn^^ si^pBiu reM on »e Mnimeni the per3on(^. or the enfiiy upon beihaif cf wMdn {he peoonf^ adad, asiBcutsd tfie ir^mmeni CODY ALLAN GUY COMM. #2057416 Notary Public California SAN DIEGO CD My App. Expires Feb. 10,2018 w^nw^^wtll^Ktl^^lll«l^ll•^l^•|^•^i|^^^jBj^SBtt) i ceriify under PENALTY OF reaiURY i«dar the taws fie Stats of Cafifbnm thd the foragotixg paragraph is tme and coned WTTNESS my hand wtd oiiictai seat. 3igmhire.i fe* Ptece I'Msey Sea/ Above OPTIONAL TTxM/gft Ms secf»n is opticmaf. cof^iloUng tnforrrmlkin can iMof aSm^on of the ttoounwit cr OeaciipSon of Attached Document TiBo Of Type of Document Number of Pageer. l^gnerta) Other Than Hamed Abom: CapacityOes) Qaimed tiy Signeita) ^gner's N»ne: Oocurrmr^ Date: • Coiporate Ofiicer — TWIe^: • ftwinor— DLwriilBd DOenerat • Indrvidi^ • Attomey m Fact • Trustee • Quordan or Oonaarfatw • Other: Signer la Repreaenting: Signer's litame: • Corporate Offloer — T*eW: • Parbier— • Lknited •QeneraJ • Indhfldu^ • Attomey m Fact • Truslae • QuartSan or Conservator • omer Signer Is HeprBoer^ig: e2014Na6onaiNofaryA3Mcid3on-www.M^or^NataryjMg M-SIC^ »Bfn««907 WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-03 Walnut Townhomes - Levy\B & AVHOLD HARMLESS AGREEMENT DRAINAGE (DWG 483-1A).doc 01/25/13 Order Number: NCS-629671-SD Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Dlego, 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 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; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE 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 FEET TO 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 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 FEETTO 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 CITY 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 FEET TO 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