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Home My WebLink AboutCT 14-06; Presidio Pebble Creek Carlsbad 8 LLC; 2017-0056266; 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 DOC# 2017-0056266 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Feb 02, 2017 02:54 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~ESS R'S PARCEL NO.: 167-531-45-00 . 167-250-05-00 'jS/f PROJECT ID: -,D:,.:E:;,.V-=1=4=::-0-=-'53~/=-:C:-::T:-1,--,4--=-o-6--- PROJECT NAME: Afton Way Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 495-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Presidio Pebble Creek Carlsbad 8, LLC, a Delaware limited liability, the owner(s) 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 1 I\FILES01VIDepartmen1s\CED\LandDev\PROJECTSICTICT 14\CT 14-06 Afton Way-Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 owner(s) of Parcel 1 of CT 14-06 will accept, in perpetuity, the concentrated drainage flowing from the drainage ditch at the westerly end of 3221 Celinda Drive (Lot 3 of CT 83-20) on to, over and/or through said Parcel1 of CT ·14-06. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\Land0ev\PROJECTS\CT\CT 14\CT 14-06 Afton Way-Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _L{__,__· __ day of St"t fiiACt 'to) , 20--'/'---7-___ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) PRESIDIO PEBBLE CREEK CARLSBAD 8, LLC, a Delaware limited liability company By: Pebble Creek Companies, a California corporation, Its Manager Gary L. Arnold, Operating Manager (Print Name and Title) Date: ""20l ( By: (Sign Here) (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.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\CTICT 14\CT 14-06 Afton Way· Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,A, notary public-or other -officer c;~pleting t;1is ceriifica;e verifie~-~nly the i~~ntity of t~e individual-who signed t~:l document to wrdch this certificate is attached. and not the truthfulness, accuracy. or validity of that document. · State of California County of $"t't-'1_D_'~' "'r~' fr-_CJ _____ _ On$ 'l_i£ d_ o ;__f __ 0 before me. ___ Cy_a ,!!_ _ _!" /'&_!~ __ _fi-!_fe;!J_/}_IA.,i /,'_~ Date Here Insert Name and Title of the! Officer personally appeared ___ 6&.-!:J-~ /J:rrJC/ v{-'c_' __ Name(s) of Signer(s} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/~· subscribed to the within instrument and acknowledged to me that he/s~/th6y executed the same in his/htl(/th~authorized capacity(ies), and that by his/h¢'/their signature(s) on the instrument the person(s), 01· the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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. Signature ___ j+/_1 ___ ~_· _ __,ii,..L./ ___ _ /lignature of Notary Public ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documegt · .JJ 'll"' . /, Title or Type of Document: /itlc·r"'f.;y»o/r.tf ', J 111,..11 Document Date: fo1 t:y, ..2? /7 Number of Pages: 3 Signer(s) Other Than "Named Above: -· Capacity{ies) Claime9 by SiQner(s) 1 Signer's Name: ~tj___./..~~fJ t'-ft'J.. Signer's Name: ______________ _ [l Corporate Officer -ll!'tle(s): _ ___________ D Corporate Officer -Title(s): ___ _ D Partner -D Limited 0 General D Partner -D Limited D Geneml [J Individual U Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee lJ Guardian or Conservator [[] Other: /1..-· r "-"ffz' f' >' D Other: Signer Is Represe~~.£{;~; :d·IJ f)pJ,I,/e., Signer Is Representing: ____ _ uee.t.· __ L1..J { ~t: 4-~L..t..7 __ -----·---.. ----- ")2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-06 Afton Way· Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 Order Number: NHSC-5124662 (06) Page Number: 10 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO. 83-20 ACCORDING TO MAP THEREOF NO. 11578 TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49° 12' 54" EAST 91.33 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 40° 15' 51" WEST 106.47 FEET; THENCE SOUTH 28° 40' 29" WEST 109.48 FEET; TO THE SOUTHERLY BOUNDARY OF SAID LOT 2; THENCE NORTH 70° 19' 19" WEST 26.29 FEET TO A 182.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 59.85 FEET THROUGH A CENTRAL ANGLE OF 18° 50' 35" TO THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NON-TANGENT TO SAID CURVE SOUTH 32° 56' 14" WEST 20.20 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 SAID CORNER BEING ALSO A POINT ON A NON-TANGENT 222.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 37° 30' 45" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING ALSO THE NORTHERLY BOUNDARY OF SAID LOT 3 69.10 FEET THROUGH A CENTRAL ANGLE OF 17° 50' 04"; THENCE SOUTH 70° 19' 19" EAST 26.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 24° 47' 54" WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42° 43' 19" WEST 41.12 FEET; THENCE NORTH 81° 58' 29" WEST 136.19 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32° 56' 14" EAST 22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY BOUNDARY THEREOF NORTH 1° 11' 15" EAST 604.98 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88° 39' 12" WEST 332.19 FEET TO THE EASTERLY LINE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE NORTH 1° 32' 57" EAST 100.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE SOUTH 88° 39' 12" EAST 767.06 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID LOT 5; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 32° 56' 14" WEST 232.10 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION GRANTED TO THE CITY OF CARLSBAD DESCRIBED AS EXHIBIT "A" ON THE DEED RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-420850, OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF AFTON WAY VACATED BY RESOLUTION NO 8916, RECORDED JANUARY 13, 1987 AS INSTRUMENT NO. 87-014272, OF OFFICIAL RECORDS. APN: 167-531-45-00 and 167-250-06-00 First American 77tle