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
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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.
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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
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..... .._,
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.
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