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HomeMy WebLinkAboutCT 2018-0006; Laguna Project LP; 2020-0477111; Hold Harmless Agreement/ReleaseDOC# 2020-0477111 II 111111111111111111111 III 1111011 111111111 Aug 24, 2020 08:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: 155-221-12-00 CT2018-0006 Laguna Drive Subdivision HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 521-7A) for development to occur on property more particularly described as (see attached, Exhibit "A"), IANe, Laguna Project, LP, a California Limited Partnership, 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 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 1 ()ACED \ LandDev \ PROJECTS \CT\CT2018\DT2018-0006 Laguna Drive Subdivision - Carroll\ B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. II- II- II- HI III III III Q: \GED \LandDev \ PROJECTS\ CT\GT2018 \CT2018-0006 Laguna Drive Subdivision - Carroll\ B Et A\ HOLD HARMLESS AGREEMENT DRAINAGEdoc 01/25/13 IN WITNESS #HEREOF, the undersigned has executed this instrument this day of 20 , OWNER(S) Laguna Project, LP, a California Limited Partnership By: Brett Farrow, Manager (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: ON KEMP Assistant City Attorney City of Carlsbad (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 Q: \CED \ LandDev \PROJECTS\ CT\CT2018 \ CT2018-0006 Laguna Drive SUbdivision - Carroll \B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 DENISE MONCEAUX comm. #22996O2 NOTARY PUBLIC • CALIFORNIA g SAN DIEGO COUNTY Comm. Ex AUG. 28, 2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) :) On c—i/- 2AZ/0 before me, I / Date Here Insert Name and Title Of the Offic6r /5 personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/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. Signature Signature of otary Public Place Notary Seal and/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: ©2019 National Notary Association 4 QACED \LandDev PROJECTS \CIACT2018 \CT2018-0006 Laguna Drive Subdivision - Carro11\13 & /MOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE EASTERLY 120.00 FEET MEASURED ALONG THE NORTH LINE OF LAGUNA DRIVE OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 1, SEC i ION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED JUNE 22, 1883, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECIION OF THE WEST LINE OF THE 40 FOOT EASEMENT FOR PRIVATE ROAD AS SHOWN ON THE MAP OF BUENA VISTA GARDENS NO. 2492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1948, WITH THE NORTH LINE OF LAGUNA DRIVE, AS SHOWN ON THE MAP OF SEASIDE LANDS NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921; THENCE ALONG THE NORTH LINE OF SAID LAGUNA DRIVE, NORTH 89°50 WEST 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°16'35" EAST PARALLEL WITH THE SAID WEST LINE OF SAID PRIVATE ROAD TO THE SOUTHERLY BOUNDARY LINE OF SAID BUENA VISTA GARDENS, ACCORDING TO SAID MAP NO. 2492; THENCE NORTH 77039' WEST ALONG SAID BOUNDARY TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 56°57'40" WEST 89.97 FEET TO THE MOST WESTERLY CORNER OF SAID BUENA VISTA GARDENS; THENCE NORTH 89°50' WEST TO THE WEST LINE OF SAID LOT 1, SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 1, SECTION 1, TO THE NORTH LINE OF SAID LAGUNA DRIVE; THENCE NORTH 75019'46" EAST ALONG THE SAID NORTH LINE 28.28 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89050' EAST TO THE TRUE POINT OF BEGINNING. APN: 155-221-12-00