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Home My WebLink AboutCT 14-06; Presidio Pebble Creek Carlsbad 8 LLC; 2017-0056287; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2017-0056287 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 02, 2017 02:58PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $24.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S 167-531-45-00 PARCEL NO. 167-250-05-00 PROJECT NO. DEV 14053 I CT 14-06 PROJECT NAME: Afton Way Subdivision HOLD HARMLESS AGREEMENT PANHANDLE LOTS In consideration of the City's approval of Afton Way Subdivision, Subdivision No. CT 14- 06, 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, II(We) Presidio Pebble Creek Carlsbad 8, LLC, a Delaware limited liability company, 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. Ill Ill Ill Ill Ill Ill 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-06 Afton Way-Rick\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS docx Rev 01125113 This agreement is required as a condition of approval by the Carlsbad 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/D day of ,:1 ()UO f\. J , 20_1]- :::=> APPROVED AS TO FORM: CELIA BREWER City Attorney By ~9#-*Rf\JKEMP Assistant City Attorney PROPERTY OWNER: PRESIDIO PEBBLE CREEK CARLSBAD 8, LLC, a Delaware iirnited liability company By: Pebble Creek Companies, a California corporation, Its Manager By: _A. ~ c,_.jtj ~ (sign here) Gary L. Arnold, Operating Manager (print name and title) Date: -:s-A-N By: (sign here) (print name and title) Date: (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\CTICT 14\CT 14·06 Afton Way· Rick\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS docx Rev 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this ceriificate verifies only the identity of the individual who s1gned the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California ) County of 0, ~-'t{ V ) _ ' On ~j_/tl._ __ :.2~1¥_ ___ before me. ___ tfryu ;_!]_ _{')f!i_._ __ /1/IJITty__j!l-!.t.!_~_. Date , , Here Insert Na;{_ and Title ot..Yte Officer personally appeared cq &i ~t ..l . /J r /It·./ ../ NarrJe(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar.e" subscribed to the within instrument and acknowledged to me that he/s~/th?1 executed the same in his/h_¢/the<r authorized capacity(ies). and that by his/l;.er/th,e1'i 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 con·ect. GYUIN CHOt COMM. # 2160366 NOTARY PU8UC • CAUFORNIA SAN DIEGO COUNTY Comm. Exp. AUG. 16, 2020 Place Notary Seal Above WITNESS my hand and official seal. -----------------------------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 Documept L Title or Type of Document: J·/t.ft1 lra~"'!/t'l l /1 ?'-f'f'-w /Document Date: Number of Pages: 2 Signer(s) Other Than~med Above: /&. ~'~~:~=y~i=r~e~~~~Jysj_nj~-~ t./ .e{__ Signer's NamE>: __________________ _ 0 Corporate Officer :::7fitte(s): _____ ____ 0 Corporate Officer -Title(s): ____ _ ______ _ 0 Pariner -0 Limited D General 0 Partner -L' Limited D General D Individual 0 Attorney in Fact D Individual D Attorney in Fact 0 Trustee 0 Guardian or Conservator lJ Twstee 0 Guardian or Conservator [J))ther: ___ M~~::-_ _ 0 Other: ~~---------------sz;e;tJter:_(!!r~~tt2!!£!!2/[J~ Signer~ Rep:s_enting: ___ _ (C::2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-06 Afton Way· Rick\B & A\HOLD HARMLESS AGREEMENT PANHANDLE LOTS docx Rev 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: BEGHJNHJG AT THE MOST !~ORTHERLY CORNER OF S/1ID 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 SOUTHEJISTERLY 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