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HomeMy WebLinkAboutSDP 05-04X2; S.C. Hotel, LLC; 2016-0567109; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk Cl1Y OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2016-0567109 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Oct 20, 2016 02:17 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-250-26 and 203-250-08 PROJECT ID: SOP 05-04X2 -----------iSV PROJECT NAME: Springhill Suites Hotel RELATED PROJECT ID: RP 05-03, CDP 05-14 HOLD HARMLESS AGREEMENT DRAINAGE ~e,ree,ord1'1¥\ to ~Q.R\5G1 P~oJB~, \D In consideration of the City's approval of a drainage plan(s) (DWG 482-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, S.C. Hotel, LLC, 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. IIFILES01V\DepartmentslCED\LandDevlPROJECTSISDPISDP 05\SDP 05--04x2 DKN Hotel -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 owner(s) will continue to accept offsite drainage discharging from the southerly abutting property at 3162 Carlsbad Boulevard unless an alternative arrangement is approved by the City Engineer. 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 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 05\SDP 05·04x2 DKN Hotel· Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 EXHIBIT "A" Parcel Merger-Proposed Parcel Parcel 1 -Legal Description ALL THAT PORTION OF BLOCK 18 OF Tiffi TOWN OF CARLSBAD, IN THE CffY OF CARLSBAD, IN THE COUNTY OF SA..~ DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED lVlAP 1HEREOF NO. 775, FILED IN l;HE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, AND OF TRACT 100 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN 1HE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN 1HE NORTHWESTERLY LINE OF SAID BLOCK 18, DISTANT THEREON 150 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 18 SAID POINT BEING ALSO THE POINT OF INTERSECTION OF THE NOR1HWESTERL Y LINE OF SAID BLOCK 18 WITH THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY, AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM W. T. HART AND SARAH M. HART, ET AL TO THE STATE OF CALIFORNIA, DATED AUGUST 7, 1924 AND RECORDED IN BOOK 1040, PAGE 76 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6°17' 30"; WEST (RECORD SOUTH 6° 2T WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 198.75 FEET TO THE MOST SOUTiffiRI-Y CORNER OF TilE LAi'l"D CONVEYED BY THE WM. G. KERCKHOFF CO. TO GERARD C. AND MAY GARDNER, HUSBAND AND WIFE, BY DEED DATED AUGUST 19, 1936 AND RECORDED IN BOOK 546, PAGE 400 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO; TiffiNCE NOR1H 55° 27' EAST ALONG THE SOUTHEASTERLY LINE OF SAID GARDNER'S LAND 139.25 FEET TO THE MOST EASTERLY COR.t~ER THEREOF, BEING A POINT ON THE NOR1HEASTERL Y LINE OF SAID TRACT 100; THENCE NORTH 34° 33' WEST ALONG SAID NORTI-IEASTERL Y LINE AND THE NORTHWESTBRL Y EXTENSION THEREOF 160 FEET TO THE POINT OF BEGINNING. TOGETHER Willi; ALL THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORN1A, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH I, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF 1HE NORTHWESTERLY LINE OF SAID TRACT 100, WITH1HEEASTERLY UNE OFTHECALIFOR.t'ITA STATEHIGHWAYRIGHTOFWAY AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM SOUTH COAST LAND COMPANY TO THE STATE OF CALIFORNIA, DATED SEPTEMBER 8, 1924 AND RECORDED IN BOOK 1032, PAGE 284 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6° 17' 30" WEST (DEED RECORD SOUTH 6° 27' WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 79.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE NOR1H 55° 27' EAST PARALLEL WITH THE NORTHWEST LINE OF SAID TRACT 100, A DISTANCE OF 95.85 FEET TO INTERSECTION WITH A NORTHEASTERLY LINE OF SAID TRACT 1 00; THENCE SOUTH 34° 33' EAST ALONG SAID NORTIIEASTERL Y LINE 90 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID TRACT 100, SAID POINT BEING ALSO IN THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO L. R SLOAN AND BESSIE SLOAN, BY DEED DATED APRIL 28, 1930 AND RECORDED IN BOOK 1763, PAGE 328 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55o 27' WEST ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID . SLOAN TO 1HE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY ABOVE MEN'TIONED; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. THE SOU1HEASTERLY LINE AND THE NORTHWESTERLY LINE THEREOF, BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID Page 1 of 2 ..... .._, EXHIBIT "A" TRACT 100, EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND 50 FEET MEASURED AT RIGHT ANGLES SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID ABOVE DESCRIBED PARCEL. TOGETHER WITH; THE SOUTHEASTERLY HALF OF THE NORTHEASTERLY QUARTER OF BLOCK 18 OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, · ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. TOGETHER WITH; 1HA T PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COuNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT; THENCE NORTH 34° 33' WEST, A DISTANCE OF 200 FEET; THENCE AT RIGHT ANGLES, SOUTH 55° 27' WEST, A DISTANCE OF 100 FEET; THENCESOUTH34° 33' EAST, A DISTANCE OF200FEETTO A POINT ON THE SOUTHEASTERLY LINE OF SAID TRACT 100; THENCENORTH55° 27' EAST, A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEAST 135 FEET THEREOF. Page 2 of 2