HomeMy WebLinkAboutRP 01-09; Carlsbad Village Self Storage LLC; 2003-0597630; Hold Harmless Agreement/ReleaseDOC # 2003-0597630
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
MAY 219 2003 3~51 FM
OFFICI& RECORK W DIEGO RWTY KCORDER'S OFFICE GREGORY J. SHITHi IXlNTY RECORDER FEES: 0.00
Carlsbad, CA 92008 I
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.:
204-070-01 -00 through 204-070-07-00,
Carlsbad Village Self Storage
204-01 0-1 I-00,204-01 0-1 2-00
PROJECT NO. & NAME: RP 01-09
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 402-6A) and
improvement plans (DWG 402-6) for development to occur on property described as attached
Exhibit "A, (I)We, Carlsbad Village Self Storage LLC, a California Limited Liability Company,
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 H:/Development Services/Masters/Bonds 8 AgreeermtdHold Harmless Agreement Drainage Rev. 12/08/98
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.
7-h IN WITNESS WHEREOF, the undersigned has executed this instrument this 30
W PROPERTY OWNERS
Carlsbad Village Self Storage LLC, a California Limited
Liability Company
By: Sovren Ventures I LLC, a California Limited Liability Company, Managing Member
By: Granite Sovren Partners LLC, a California Limited
By:
D. Glen Raiger, Manager
(Print Name and Title)
Date:
By:
Richard Hanson, Managing Member
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by SUBDIVIDER 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 off icer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
' City Attorney m c/' 2
H:/Development ServicesiMastedBonds & Agreeernnts/Hold Harmless Agreement Drainage Rev. 12/08/96
CALIFORNIA _--____ ALL-PURPOSE -__--_---_ ACKNOWLEDGMENT ___? - __ ______~ ?f---- d
} SS.
State of California
On \-%@a3 , before me,
personally appeared
Date
U proved to me on the basis of satisfactory
evidence
to be the personfl whose name@ is/#e
subscribed to the within instrument and
acknowledged to me that he/sMtky executed
the same in his/h&tjxdr authorized
capacity(&), and that by his/&/t&ir
signature# on the instrument the personM, or
the entity upon behalf of which the persod)
acted, executed the instrument.
WIT and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below 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.
-m hwm Description of Attached
Title or Type of Document: c
Document Date: Number of Pages: 3
Signer(s) Other Than Named Above: I Capacity(ies) Claimed
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - Ci Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: I
0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 - Chatsworlh, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
State of California } SS.
On
personally appeared Name($ of Signer($
Place Notary Seal Above
0 personally known to me
pproved to me on the basis of satisfactory
evidence
to be the personM whose nameH is*
subscribed to the within instrument and
acknowledged to me that he/*/kdy executed
the same in his/Jdtbdr authorized
capacity@&), and that by his/bd/t&r
signature@ on the instrument the personM, or
the entity upon behalf of which the persod
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OP TI0 NA L
Though the information below 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
Title or Type of Document: U
Document Date: Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies)
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Guardian or Conservator
3 Other:
Signer Is Representing: CdrW M/c
0 1997 National Notary Association 9350 De Soto Ave., P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
P .83/08 ' OCT 04 '02 18:57 FR GRRNITE INVESTMENT 949+477+1002 TO 17146856801
LW""'UIWCHL I n LHlYU No.638 P.3& UL I . ". LULK- LW. COnI'I
2053380
A portion of Lot 7 of Indnstrial Tract, h the City of Carkbad, County Of San Diego, State
of Womia, according to Map dmxmf No. 2743, Ned ia fhc 0- of the Cou.u@
Recorder of San Diego Corn@, Fune 3, 1923 and more paaicUtatry described as fallows:
Be- at a point an the Southwesterly side of Qler Street (shown a6 Finst Street oa said
Map) Ncmb 34"33'00" Weat, 59.00 f& dorig said side of TyIer %xet from the Lot line
amx~on to Lot 7 and Lot 8; thence confirdng North 34'33'00" West, 59.00 feet; thence parallel to said COJLMW Lot line South SS"27'00" West, 118.00 feet; thence patallel to said SouthwesterIy si& of Qder Street No& 34"33'00" West, 0.20 feet; thence parallel ta said common line South S5"27'OOu West, 50.00 feet; thence parallel tu said Southwesterly side
of Tyler Suea South 34"33'00" East, 118.20 feet to the said cammoa line; &eme along
said wmon line North 55"27'00" East, 50.00 feet; thewe parallel to said Southwesmrly h~! of nlex street Nor& 34'33'00" West, 59.00 feet; thence parallel to said common lhe
North 55'27'00" East, 118.00 &et to the point of beginn&.
S~&easterIy 59-00 feet of tbc Northeasterly 118.00 feet of Lut 7 of Ixu!wW Tract, iu the
City of CatlsM, County of San Diego, State of California, according to Map meof No.
1743, filed the Office of the County rcecotder of San Diego County, Jannary 3, 1923.
PARCEL c:
The Southwes~ly 50 feet of @e Northtxisterly 218 feet of Lot 7 of 1ndutria.l Tract, in the
City of Carlsbad, County of San Diego, State of Cdfixnisi, accardiag to Map thereof No.
1743, filed the Office of the County Recorder of San Dkgo CQUaty on January 3, 1923. EXCEPTING TEEREPROM the Nonhwestetly 20 feet thereof.
PARCEL D:
That portion of Lot 7 of ~ustxbl That, izl the City of Carhbad, County of San Diego,
State of CaISomia, ammding to Map *of No. 1743, filed in the 0- of the County Beumier of San Diego Carny on January 3, 1923, described as follows:
I3e-g at the most Westerly comer of said tat No, 7, thence Ndeastexly along the .
Nmwesterly bwndary lirle of said Lot No. 7 a dislauce of 50.87 feet to the true point of
bema; theax contiming Northeasterly dong said Northwesterly line 50,87 feet; thence
SouEh=sWy at right anglas 138.20 feet to rhe Southeaskry line of said bt; them?
Souchwestaly doe ad Sodwasterly line 50.87 feet to a line which bears Southeasterly at
OCT 84 '02 18:45
1053380
right angles fiom the true- point of beginning; thence Northwesterly 138.20 %et to the me
point of beginnlrlg.
PARCEL. a:
That pdon af Lot No. 7, of the Lndustrlal Tract, in the City of carlsbad, County of San Diego, State of California, amid.& to Map thereof No. 1743, fiicd in the Office of the
Com~ R~order of San Dies County, Jmuary 3, 1923, desmied as follows:
Beginning at the most WesterIy corn of said Lor NO. 7, running thence Northeastedy
dong the Northwesterly boundary line of said Lot No. 7, a distance of 50.87 feet to a pohr on the said boundary line, thence Southeasterly at right angles 138.2 feet fo a point in the
Southeasterly boundw line of said Lot No. 7: th- a€ fight angles along the
Soutbeasmly boundawy zine of said Lot No. 7 to the most Saurhwesterly corner of eaid Lot No. 7: thence Noahwesterly along the Southwesterly boumky line of said Lot No. 7 to the point of beghxhg.
Art easement far ingress aad egress for road add incidental purpuses over, under, along snd
across die Northvesterly 20.2 feet of the Ncnthea~rexIy I33 feez and Northwesterly 20 feet
of tbe Southwesterly 100 fea of the Northeasterly 218 feet of Lot 7 of IIndUsEn'al Tract, irt
rbe City of Carlsbad, Omly of San Diego, Slate of Womia, according to Map &emf No. 1743, filed in the oilice of Qe Coq Remrd.er of San Diego County, October 9,
1935, in Book 433, Page 368 of Wi Records.
APN: 204-070-02, 03,04,05,M, 07