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HomeMy WebLinkAboutMS 15-12; Casa Aldea Carlsbad LP; 2017-0616382; 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# 2017-0616382 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Dec 29, 2017 03:05 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 500-8A) and improvement plan (DWG 500-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Casa Aldea Carlsbad, L.P., 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 I\FILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-12 Cannon road Senior Housing -Bobbett\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 I' ' 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 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 Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 15\MS 15-12 Cannon road Senior Housing-Bobbett\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this--5_--__ _ day of __ __..1)""'-ie__,._.Ce~0\---1.:~=........rL..--__ , 20_8 __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By )j1JU_~ .. RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) Casa Aldea Carlsbad, L.P., a California limited partnership By: Esquiline, Inc., a California corporation, Its General Partner By: Date: By: Date: (Sign Here) Carl Gustafson, Vice President (Print Name and Title) ,2-1~1, 7 I / (Sign Here) (Print Name and Title) (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 I\FILES01V\Departments\CED\LandDev\PROJECTS\MSIMS 15\MS 15-12 Cannon road Senior Housing -Bobbett\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the 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 San bi ~a[! J OnDi.:(lhYJ/.;,l L, S, ;.tc, 17 before me, -=--==""-----'"'--'-----'-=-,../--'----+-''-"---'---"----+------"--'l=l-=l=· _,_J--'-·1_,_)=---- Date who proved to me on the basis of satisfactory evidence to be the person~ whose namev4 is/a,e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheif.authorized capacity(iE%}, and that by his/her/their signatureM on the instrument the person(.aj, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~--·········-~ ,... LUPE ORTEGA : ~/·:·'j~ .. · .. Notary Public -California : WITNESS my hand and official seal. ;la ::§<¼"., San Diego County > z --· ...... ~. ~ Commission# 2195510 My Comm. Expires Jun 1, 2021 Place Notary Seal Above ---------------opnoNAL--------------- 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 Document [),·a; 1 u1 f c'.. / ;· Title or Type of Document: tl.o1d lf;.1,,.11-t).vi 17.uuu.,w{ Document'Date: -~(~J-,~_C_1 _5_1_7 __ Number of Pages: 3 Signer(s) Other Than Named Above: ___ -_________ _ Capacity(ies) Claime_d by Signer(st . : / Signer's Name: (_l I hv J2 c, · l,u; hJ. f Ot'-' ~; Corporate Officer -Title ): ______ _ . I Partner -=i Limited LJ General CJ Individual ~ Trustee D Attorney in Fact u Guardian or Conservator u Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ [] Partner -LJ Limited D General D Individual Ii Trustee LJ Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ ~~~~'§<;,'Q<,"@.,.~~~'Q<;,'IB;,'Q<;,~~~'g;,.'<'.¥;,'§<;.~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED TN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A OF CERTIFICATE OF COMPUAi~CE FOR ADJUSTMENT PLAT RECORDED .:VIA Y 05. 20!0 AS INS fRUl\.U:NT NO. 2010-02255 ! l OF OFFICIAL RECORDS, BEfNG ALL OF LOT 3 OF CARLSBAD TRACT NO. 02- 16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP NO. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEI\IRER I 8, 2007 AS INSTRU\1ENT NO. 2007-0612302 OF OFFICIAL RECORDS, AND A PORTION OF PARCEL 2 OF PARCEL MAP NO. 19804, TN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 03. 2005 AS JNSTlU.l\lEN"! NO. 2005-06:'i9805 OF OFFJCJ AL RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 OF f\1/\P NO. 1 ~608, SAID POINT BEfNG ON A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 28°34'06" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LlNE OF SAID LOT 3, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°0Tl9'' A DISTANCE OF 49L67 FEET; THENCE NORTH 81°33'13'' EAST 313.18 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE EAST LINE OF SAID LOT 3, SOUTH 08°26'47" EAST 51.00 FEET TO THE NORTHWEST CORNER SAID PARCEL 2 OF J>ARCFL MAP NQ,.J9JH21; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL 2. NORTH 81°33'13'' EAST 234.27 FEET: THENCE LEAVING SAID NORTH LINE, SOUTH 08c26'4T' EAST 46.02 FEET; THENCE SOUTH 00'4!'23" WEST 151.49 FEET; THE;>JCE SOUTH 53°59'20" WEST 29.64 FEET: THENCE SOUTH 16°30'58'' EAST 171.16 FEET TO THE SOCTH LINE OF SAID PARCEL 2; THENCE WESTERLY ALONG SAID SOUTH UNE, SOLTH 65°09'20'' WEST 184.16 FEET; THENCE NORTH 77"55'34'' WEST l LU7 FEET TO THE SOUTHEAST CORNER OF LOT 3; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT, NORTH 77'°55'34" WEST 521.75 FEET; THENCE SOUTH 65°35' 13" WEST 101.29 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THE"t\CE ALONG THE WEST LINE OF SAID LOT, NORTH 26°32'03'' WEST 93.09 FEET TO THE BEGINNING OF A NON-TANGENT 178.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POI\lT BEARS SOUTH 22°14'31" WEST: THE\lCE NORTHWESTERLY ALONG THE ARC OF SAID ClJRVE THROUGH A CENTRAL ANGLE OF 26°01'5I" A DISTANCE OF 80.87 FEET TO THE BEGINNING OF A REVERSING 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POfNT BEARS NORTH 48°16'22" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76°50"28" A DISTANCE OF 33.53 FEET; THENCE NORTH 28°34'06" WEST 51.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 168-360-16-00