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HomeMy WebLinkAboutMS 13-06; Zephyr Custom Homes II LLC; 2014-0315639; Hold Harmless Agreement/Releaset 1 AlP- RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carisbad, CA 92008 DOCtt 2014-0315G39 llllllllllll III llllllllllllllllllllllllllllllllllll^ JUL 25, 2014 2:06 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE RELATED PROJECT ID: 205-080-02 MS 13-06 1811 Oak Avene HOLD HARMLESS AGREEMENT DRAINAGE In -consideration of the City's approval of a drainage plan(s) (DWG 481-3 ) for development to occur on property more particularly described as (see attached. Exhibit "A"), lAA/e, Zephyr Custom Homes II, 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\MS\r/tS 13\MS 13-06 Oak Avenue - RIcWBonds and Agreements\HOLD HARrviLESS AGREEMENT DRAINAGE (DWG 481-3),doc 01/25/13 ttls^Turther 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) will continue to accept offsite drainage discharging from Lot 2 of Map No. 12203 at 1880 Canyon Place as shown on DWG 273-2 on file with the City, unless othenwise approved by the City Engineer. 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\PROJECTSWS\MS 13\H/IS 13-06 Oak Avenue - RicWBonds and Agreements\HOLD HARIWLESS AGREEr^ENT DRAINAGE (DWG 481-3),doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ^'^^ day of - , 20^}l_. OWNER(S) Zephyr Custom Homes II, LLC, a Delaware limited liability company By: Zephyr Partners - RE, LLC, a California limited liability company Its: Manager By: (Sign Here) Brad Termini, Manager, Zephyr Partners - RE, LLC, a California limited liability company Date: (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Ml RON 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.) Q:\CED\LandDev\PROJECTS\H/IS\MS 13\MS 13-06 Oak Avenue - Rick\Bonds and AgreementsVHOLD HARiVILESS AGREEMENT DRAINAGE (DWG 481-3).doo 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State oLOalifornia } County of On ^oVNSL ^ .0.0\M before me, <krvxK/^cW I - UvlWr .f)^r^ fJp\i.^ . 0^ Here insert Name and Title bf ttie Officer personally appeared Name(s)'of Signer(s) AMANDA L: MILLER Commistion # 2028954 Notary PuMc - CaMomia San OitQo County 1 »an uwgo uouniy g 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(ies), 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. Place Notary Seal Atnve WITNESS my hand and official seal. SignatureOt H K ^ I ^ \ Signlture of Notary Putjiic OPTIONAL Though the information beiow 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Others— Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb iiere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RlGHTTHUHflBPRINT OFSIGNER Top of ttiumb tiere ©2007 National Notary Association •9350 De Soto Ave, P.O. Box 2402 •Chatsworth, CA 91313-2402•www.NatkmalNotary.org ltem#5907 Reorder: CaN Toll-Free 1-800.876.6827 Q:\CED\LandDev\PROJECTS\MS\H/IS 13\ri/IS 13-06 Oak Avenue - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DFtAINAGE (DWG 481-3).doc 01/25/13 Form No. 1402.06 f X H-t- A > J /J Policy Page 5 ALTA Owner's Policy (6-17-06) J-—• ' Policy Number: 4446519 SCHEDULE A First American Titie Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 File No.: DIV-4446519 Policy No.: 4446519 Address Reference: 1811 Oak Avenue, Carlsbad, CA 92008 Amount of Insurance: $1,050,800.00 Premium: $2,180.00 Date of Policy: July 30, 2013 at 4:59 P.l^. 1. Nameof Insured: Zephyr Custom Homes II, LLC, a Delaware Limited Liability Company 2. The estate or interest in the Land that is insured by this policy is: A fee as to Parcel(s) A, an easement as to Parcel(s) B and C 3. Title is vested in: Zephyr Custom Homes II, LLC, a Delaware Limited Liability Company 4. The Land referred to in this policy is described as follows: Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows: PARCEL "A": THAT PORTION OF LOTS 32 AND 34 OF PATTERSON'S ADDITION TO CARLSBAD AND THAT PORTION OF CANYON STREET, CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, TOGETHER WITH THE SOUTHEASTERLY 10 FEET OF OAK AVENUE ADJOINING LOT 32 ON THE NORTHWEST AS CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, SEPTEMBER 30, 1939, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN THE OFnCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 74-8 ACCORDING TO MAP THEREOF NO. 8072 HLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 14, 1975, SUCH POINT BEING IN THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 10 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE, NORTH 55° 28' 04" EAST 97.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHWESTERLY LINE, SOUTH 34° 38' 52" EAST 160.23 FEBT; THENCE NORTH 55° 28' 04" EAST 300.53 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF CANYON STREET; THENCE, ALONG SAID SOUTHWESTERLY LINE, NORTH 61°34'11" WEST 163.76 FEET, NORTH 19° 43' 15" WEST 14.86 FEET TO A POINT IN THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE SOUTH 55° 28" 04" WEST 230.21 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND IS PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON First American Title Insurance Company Form No. 1402.06 Policy Page 6 ALTA Owner's Policy (6-17-06) Policy Number: 4446519 JULY 5, 1983 AS INSTRUMENT NO. 83-227527, OF OFFICIAL RECORDS. PARCEL "B": AN EASEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A LINE OF SEWER PIPE OR PIPES OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LANDS: THAT PORTION OF LOT 32 OF PATTERSON'S ADDITION TO CARLSBAD AND THAT PORTION OF THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNPi', SEPTEMBER 30, 1939, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTC, SEPTEMBER 22, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 74-8 ACCORDING TO MAP THEREOF NO. 8072 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 14, 1975, SUCH POINT BEING IN THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 10.00 FEET OF OAK AVENUE; THENCE, ALONG SAID NORTHWESTERLY LINE NORTH 55° 28' 04" EAST 97.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 34° 38' 52" EAST 160.23 FEET; THENCE, SOUTH 55° 28' 04" WEST, 11.67 FEET; THENCE NORTH 34° 38' 52" WEST, 160.23 FEET TO A POINT IN THE SAID NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55° 28' 04" EAST, 11.67 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE BENEFIT OF SAID PARCEL "A". PARCEL "C: AN EXCLUSIVE EASEMENT IN GROSS FOR INGRESS AND EGRESS, PLANTING AND LANDSCAPING FOR THE BENEFIT OF YVONNE MEIER, AN OWNER OF PARCEL "A" HEREIN, AND HER HEIRS OR DEVISEES, OVER, UNDER, ALONG AND CROSS THE PROPERTY DESCRIBED IN PARCEL "B" ABOVE. SAID EASEMENT SHALL TERMINATE UPON THE SALE BY THE SAID YVONNE MEIER OR HER HEIRS OF THE SOUTHWESTERLY 85 FEET OF PARCEL "A". APN: 205-080-02-00 First American Title Insurance Company