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HomeMy WebLinkAboutCT 13-05; Taylor Morrison of California, LLC; 2014-0542593; Hold Harmless Agreement/ReleaseDOCtt 2014-0542593 ir""- RECORDING IS REQUESTED DEC 09, 2014 4:59 PM FOR THE BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS OF CARLSBAD SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER WHEN RECORDED MAIL TO: FEES: 0.00 PAGES: 5 City Clerk Mf CITY OF CARLSBAD lliiilliii^ Mf 1200 Carlsbad Village Dr. Carlsbad, CA 92008 lliiilliii^ SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-200-07, 203-054-19,20, 21 &22 PROJECT ID: CT 13-05 PROJECT NAME: State Street Townhomes RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 484-2A) for development to occur on property more particularly described as (see attached. Exhibit "A"), lA/Ve, Taylor Morrison of California, 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. 1 Q:\CED\LandDev\PROJECTS\CT\CT 13\CT 13-05 State Street Townhomes - Bobbett\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 484-2A),(loc 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CT\CT 13\CT 13-05 State Street Townhomes - Bobbett\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 484-2A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of. OWNER(S) Taylor Morrison of California, LLC, a Califomia limited liability company By: 31 APPROVED AS TO FORM: CELIA BREWER City Attorney By: kON KElAP V Assistant City Attorney (Sign Here) Philip S. Bodem, Vice President, Taylor Morrison of California, LLC (Print Name and Title) (Sign He Marta Flores, Secretary, Taylor Morrison of California, LLC (Print Name and Title) Date: (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.) Q;\CED\LandDev\PROJECTS\CT\CT 13\CT 13-05 State Street Townhomes - Bobbett\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 484-2A).doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calitornia County of (^J^O } On ( /.Vr^m^ Ol cUOM before me, I •^VT?^ f <^, ' Pate I — —' ' "here Insert Name"and Tiffe ot the Officei^ ] personally appeared 1_- Name(s) of Signer(s) GRACE S. ANDERSON Commission # 1991524 Notary Public - Calitornia Orange County "y gtP'res Sep 17. PniR I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jdyare subscribed to the within instrument and acknowledged to me that 176/^e/they executed the same in l}fe/h<^rAheir authorized capacity(ies), and that by hi^^r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Sig'na<pTS^ Notary Pubiic 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: Number of Pages: Slgner(s) Other Than Named Above: ^ Capacity(ies) Claimed by Signer(s) Signers Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tnumD nere Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association'9350 De Soto Ave.. RO.Box 2402 • Ctiatsworttn, CA 91313-2402•www.NationalNotary.ors Hem #5907 ReordenCallToll-rtee 1-B0O-876-6B27 Q;\CED\LandDev\PROJECTS\CT\CT 13\CT 13-05 State Street Townhomes - Bobbett\GRADING AND EROSION CONTROL AGREEMENT fDWG 4e4-2A).aocREV 01/25/li PRELIMINARY REPORT / > . ^ Chicago Title Company YOUR REFERENCE: State St Project ORDER NO.: 12203708-996-U50 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS STTUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: APN 203-054-22 LOTS 16 AND 17 IN SEASIDE LANDS, IN THE QTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. PARCEL B: APN 203-054-21 LOT 15 IN SEASIDE LANDS,.IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. PARCEL C: APN 155-200-07 THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE QTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING SOUTHEAST OF A LINE THAT IS PARALLEL WITH AND DISTANT 85 FEET AT RIGHT ANGLES NORTHWESTERLY FROM THE DIVIDING LINE BETWEEN LOTS 17 AND 18 IN SAID SEASIDE LANDS. PARCEL D: APN 203-054-19 & 20 LOTS 12, 13 AND 14, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORMA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. CLTA Preliminary Report Fonn-Modified (11/17/06) Page 3