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Home My WebLink AboutPD 16-10; Tamarack Retail Partners LP; 2016-0692393; 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# 2016-0692393 1111111111111111111111111111111111111111111111111111111111111111111111 Dec 16, 2016 04:36 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-040-29-00 @ PROJECTID: -P~D~16~-~10~------------ PROJECT NAME: 895 Tamarack ---------------------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 492-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Tamarack Retail Partners, 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 1 IIFILES01V\DepartmentsiCED\LandDev\PROJECTSIPDIPD 16\PD 16-10 895 Tamarack Ave-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 /II Ill Ill /II Ill Ill Ill Ill Ill /II /II /II /II Ill 2 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSIPD\PD 16\PD 16-10 895 Tamarack Ave-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _ day of Ocbke( APPROVED AS TO FORM: CELIA BREWER City Attorney By rux ~ "RRN KEMP Assistant City Attorney City of Carlsbad . 2o I (p OWNER(S) Tamarack Retail Partners, LP, a California limited partnership By: Cedar Realty Group, California corporation Its General ~ By: Javier A. Serhan, President, Cedar Realty Group (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 I\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 16\PD 16-10 895 Tamarack Ave-Bobbett\Bonds and Agreements\HOLD 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 ----'&m~_.____..\j,y\~~"-A""----) On \0 \Et\ \la before me, ----''"l("'-W{OOLll.JY\~~~~e-~~cl\.-""!l~~(l)'---+\ -I--"-Nn~krAIL-1l\-u ---'-~=\tb'--"'--u """"'--(;- Date .O Here Insert Name and Title of Jhe Officer personally appeared --J<A~\2K A. ~erwun Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Gj whose name(~) is/afe' subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/~ authorized capacity(~). and that by his/~ir signature\&) on the instrument the person(.s), or the entity upon behalf of which the person(~) acted, executed the instrument. . MNNETTE VELASCO 0 ' COMM. #2099034 z Notary Public -California 2l San Diego County _. M I C2m!!l. ~xp~es Fe~ 5:.2019 r Place Notary Seal Above 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. --------------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 Doc ~i\llftfltR I Title or Type of Document: s ocumJht ~!e;:"_L__ )0) rt I \f Number of Pages: _ 5 __ igner(s) Other Than Name Above: Signer's Name: ..TQ\h€.V A; . --'~ Signer's Name: Capacity(ies) Claimed. by Signer(s) ~ ~ ~Corporate Officer -Title(s): fu \ 0 Corporate Officer -Title(s): ______ _ 0 Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact 0 Individual D Attorney in Fact 0 Trustee D Guardian or Conservator 0 Trustee 0 Guardian or Conservator D Other: D Other: ~i~~ Is Representing: CJ?.cAO¥ 'R£0l~ Signer Is Representin~---------- W'lYS~~®'tN«NW'\4<J\4<:>'§<:>%1<N<>~w'4<J0::>§.>:;;'§X<'§<;;g~m""""''tN"'*'*g==g~~ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSIPD\PD 16\PD 16-10 895 Tamarack Ave-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: EXIITBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 000363 83-993-SD2 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: · THAT PORTION OF TRACT 237 THUM LANDS, iN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915 BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF TAMARACK A VENUE, DISTANT THEREON NORTII 61 °16'23" EAST 268.40 FEET FROM THE INTERSECTION OF SAID CENTER LINE Willi THE CENTER LINE OF JEFFERSON STREET, AS SHOWN ON SAID MAP; THENCE SOUTII 28°43'37" EAST 165 FEET TO A POINT IN THE BOUNDARY LJNE OF HARBOR PARK, ACCORDING TO MAP THEREOF NO. 3310, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SEPTEMBER 12, 1955; THENCE ALONG THE BOUNDARY OF SAID HARBOR PARK SOUTII 61 °21' WEST, 113.40 FEET TO AN ANGLE POINT THEREIN AND NORTH 23°39'40" WEST 165.00 FEET TO THE CENTER LINE OF SAID TAMARACK A VENUE; THENCE ALONG SAID CENTER LINE NORTB: 61 °16'23" EAST 113.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE STATE OF CALIFORNIA RECORDED JANUARY 6, 1967 AS FILE NO. 1967-001797 OF OFFICIAL RECORDS AND GRANTED TO THE CITY OF CARLSBAD RECORDED APRIL 3, 1967 AS FILE NO. 1967-045209, BOlli OF OFFICIAL RECORDS. PARCEL2: THAT PORTION OF TRACT 237 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 168"1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915, BOUNDED ·BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF TAMARACK A VENUE, DISTANT THEREONNORTII 61 °16'23" EAST 268.40 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTERLINE OF JEFFERSON STREET, AS SHOWN ON SAID MAP; THENCE CONTINUING NORTH 61 °16'23" EAST 80.70 FEET TO A POINT IN THE BOUNJ)ARY OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 25, 1952 IN BOOK 4413, PAGE 494 DOCUMENT NO. 34930 OF OFFICIAL RECORDS; THENCE ALONG Tiffi BOUNDARY OF SAID STATE OF CALIFORNIA LAND, AS FOLLOWS: SOUTH 28°43'37 EAST 30.00 FEET TO THE NORTHWESTERLY LINE OF TRACT 237; THENCE FROM A TANGENT BEARS SOUTH 780Z8'07" EAST ALONG A CURVE TO THE RIGHT WITII A RADIUS OF 100.00 FEET THROUGH AN ANGLE OF 47°31'37" ADISTANCE OF 82.95 FEET;!TIIENCE SOUTII 30°52'40" EAST 62.67 FEET TO THE MOST NORTHERLY CORNER OF LOT 7 OF HARBOR PARK, ACCORDING TO MAP THEREOF NO. 3310, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SEPTEMBER 12, 1955; THENCE ALONG TiffiBOUNDARY OF SAIDHARBORPARK, SOUTH61°21'WEST 118.69FEETTOALINE WHICH BEARS SOUTH 28°43'37" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 28°43'37" WEST 165 FEET TO THE POINT OF BEG:r:NNING. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE STATE OF CALIFORNIA RECORDED JANUARY 6; 1967 ASFILEN0.1967-001797 AND GRANTED TO THE CITY OF CARLSBAD RECORDEDAPRIL3, 1967 AS FILE NO. 1967-045209, BOTH OF OFFICIAL RECORDS. APN 206-040-29-00 CLTA Preliminary Report Form-Modified (11/17 /06) Page 3