HomeMy WebLinkAboutPD 2019-0015; Carlsbad Inn Vacation Condominium Owners Assoc; 2019-0583507; 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# 2019-0583507
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Dec 13, 2019 12:09 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (S82 Atkins. $0 00)
PAGES. 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-253-01 thru 60 ; 203-254-
01 thru 72; 203-252-04-00;
203-252-05-00
PROJECT ID: PD 2019-0015
PROJECT NAME: Carlsbad Inn Mitigation Phase
2-4
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 518-3A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Carlsbad
Inn Vacation Condominium Owners Association, Inc, the owner(s) of parcel B of said property,
and Carlsbad Inn, LLC., a Delaware limited liability company of parcel A 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
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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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this ~ day of ):JcVeM\'3~ , 20 \1 . ---
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By-G~p~
Assistant City Attorney
City of Carlsbad
OWNER(S)
Carlsbad Inn Vacation Condominium Owners
Association, Inc.
AND
Carlsbad Inn, LLC., a Delaware Limited Liability
Company
All By: Grand Pacific Resorts, L.P., a managing agent
By~ (S(gHerej
Timothy J. Stripe -Co-President of Grand Pacific Resort Services
(Print Name and Title)
D~e: ///9//'
And Carlsbad Inn, LLC., a Delaware limited liability
company
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.)
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A
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:
A PORTION OF LOT 2 OF CARLSBAD TRACT NO. 84-6 (CARLSBAD INN), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 11049, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 3, 1984, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 3 OF SAID MAP NO. 11049, BEING ALSO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 34°40'14" EAST 155.56 FEET; THENCE SOUTH 55°19'46" WEST 96.00 FEET; THENCE SOUTH
31 °05'13" EAST 71.89 FEET; THENCE NORTH 58°54'47" EAST 38.50 FEET; THENCE SOUTH 31°05'13' EAST 170.56 FEET; THENCE
NORTH 55°19'20" EAST 56.37 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE ALONG SAID CURVE NORTHERLY THROUGH A CENTRAL ANGLE OF 48°58'14" A DISTANCE OF 21.37 FEET; THENCE
TANGENT TO SAID CURVE NORTH 6°20'48" EAST 89.14 FEET TO THE BEGINNING OF A TANGENT 549.02 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE ALONG SAID CURVE NORTHERLY THROUGH A CENTRAL ANGLE OF 30°23'28" A DISTANCE OF
291.21 FEET; THENCE SOUTH 55°19'46" WEST 169.17 FEET; THENCE NORTH 30°40'14" WEST 65.00 FEET; THENCE SOUTH
55°19'46" WEST 17.19 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AND DEPICTED AS LOT 2 OF CERTIFICATE OF COMPLIANCE NO. 293 RECORDED SEPTEMBER 6,
1985 AS DOCUMENT NO. 85-328098 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 203-252-04-00
AND
PARCEL B
A TIMESHARE ESTATE CONSISTING OF AN UNDIVIDED ONE-FIFTY-FIRST {1151ST) INTEREST IN AND TO THAT CERTAIN
CONDOMINIUM DESCRIBED AS FOLLOWS:
(A) AN UNDIVIDED 11132ND INTEREST IN AND TO LOT 1 OF CARLSBAD TRACT NO. 84-6, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11049, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY OCTOBER 3, 1984; EXCEPTING THEREFROM UNITS 101 THROUGH 144, 201 THROUGH 244 AND 301
THROUGH 344, AS SHOWN ON THAT CERTAIN CONDOMINIUM PLAN FOR CITY OF CARLSBAD TRACT NO. 84-6 CARLSBAD INN,
RECORDED JUNE 18, 1985, AS DOCUMENT NO. 85-216356 OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER AND RESERVING THEREFROM NON-EXCLUSIVE RIGHT TO USE "COMMON AREAS" AS DEFINED IN THE DECLARATION.
PARCEL 2:
CONDOMINIUM UNIT NO., UNIT TYPE BUILDING NO, DURING USE WEEK, AS THOSE ITEMS ARE DEFINED IN THE DECLARATION
AND THE "COMMON FURNISHINGS" IN SAID UNIT, TOGETHER WITH A NON-EXCLUSIVE RIGHT TO USE THE "COMMON AREAS"
AND "SUPPORT AREAS" AS DEFINED IN THE DECLARATION.
END OF LEGAL DESCRIPTION
Acknowledgement
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 Diego
On November 8, 2019, before me, Diane Marie Proulx, Notary Public, personally appeared Timothy
J. Stripe, who proved to me on the basis of satisfactory evidence to be the person(t½) whose name(t½)
is-Atte subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacityfiesJ, and that by his/her/their signatureW on the
instrument the personfs7, or the entity upon behalf of which the personfs7 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.
WITNE.S
0
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Signature _____ ~------~-----------