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HomeMy WebLinkAboutPD 15-04; CR Sea Otter LLC; 2018-0182715; 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# 2018-0182715 1111111111111111111111111111111111111111111111111111111111111111111111 May 07, 2018 02:01 PM OFFICIAL RECORDS Ernest J. Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-082-09-00 f...J1\ PROJECT ID: _P_D_1-5--04 ______ _ V PROJECT NAME: REGENT PROPERTIES (SEA OTTER) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 489-?A) and improvement plan (DWG 489-7 A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, CR SEA OTTER LLC, 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 C \Users\vnels\Desktop\HOLD HARMLESS AGREEMENT DRAINAGE-GR2017-0058 doc 01/25/13 / 5 ~ 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 C \Users\vnels\Desktop\HOLD HARMLESS AGREEMENT DRAINAGE-GR2017-0058 doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this-~-~--- day of t\a,r{1A , 20~'~<£ __ _ APPROVED AS TO FORM: CELIA BREWER ::y AttodJ e ~~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) CR SEA OTTER LLC, a Delaware limited liability company By: #' (Sign Here) t-t~ ~C( ~..,,,. E-")O Do~glas Brown, Menagin€J Oiro.tof' - (Print Name and Title) Date: 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 C \Users\vnels\Desktop\HOLD HARMLESS AGREEMENT DRAINAGE-GR2017-0058.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 Los Angeles On 03/29/2018 Date before me, Nicole Stanton, Notary Public Here Insert Name and Title of the Officer personally appeared ___ M_at_th_e_w_B_e_n_b_a_s_sa_t _____________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(s) is,Lare- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/nerftl"leir authorized capacity(fesr, and that by histher/their signature(-s) on the instrument the person(s), or the entity upon behalf of which the person(~ acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a icial seal. Signature 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 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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: BEING THE CONSOLIDATION OF LOTS 26 AND 27 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 13, 1982, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 26; THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOT 26 NORTH 02° 47' 21" EAST, 840.55 FEET; THENCE CONTINUING AROUND THE PERIMETER OF LOTS 26 AND 27 NORTH 42° 09' 19" EAST, I 13.98 FEET; THENCE NORTH 87° 41' 58" EAST, 697.56 FEET; THENCE SOUTH 67° 33' 59" EAST, 378.66 FEET; THENCE SOUTH 57° 03' 48" EAST, 81.00 FEET TO THE MOST EASTERLY CORNER OF LOT 27; THENCE ALONG THE SOUTHEASTERLY LINE OF LOT 27 SOUTH 58° 13' 12" WEST, 781.08 FEET TO A POINT ON A 60° RADIUS CURVE CONCA VE SOUTHEASTERLY, SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY OF SEA OTTER PLACE, A CUL-DE-SAC, AS SHOWN ON MAP NO. 10372, A RADIAL TO SAID POINT BEARS NORTH 58° 13' 12" EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180° 00' 00" A DISTANCE OF 188.50 FEET; THENCE LEA YING SAID CURVE SOUTH 58° 13' I 2" WEST 548.65 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERAL RIGHTS MORE THAN 500 FEET BELOW THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE AND SUBSURFACE ENTRY FROM THE SURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED IN DEED RECORDED SEPTEl\1BER 12, I 990 AS INSTRUMENT NO. 90-498 I 07 OFFICIAL RECORDS. SAID DESCRIPTION IS MADE PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 2. 1990 AS INSTRUMENT NO. 90-538445 OFFICIAL RECORDS. PARCELB: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE PURPOSES OF MAINTENANCE OVER THE LANDSCAPE MAINTENANCE AREAS SUBJECT TO THE ASSOCIATION'S AND OTHER OWNER'S EASEMENT FOR MAINTENANCE AND ANY OTHER EASEMENT OR RIGHTS SPECIFICALLY PROVIDED FOR THEREIN, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "DECLARATION OF PROTECTIVE COVENANTS FOR CARLSBAD OAKS EAST BUSINESS PARK" RECORDED AUGUST 24, 1998 AS INSTRUMENT NO. 88-422107 OFFICIAL RECORDS. Assessor's Parcel Number: 209-082-09-00