HomeMy WebLinkAboutSDP 15-01; Rancho Costera LLC; 2016-0260170; 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# 2016-0260170
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May 27, 2016 08:44AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 208-010-44
Lot 341 of CT 13-03
PROJECT ID: SOP 15-01
~----------~--------PROJECT NAME: Robertson Ranch Recreation
Center
RELATED PROJECT ID: ----------------------
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) DWG 480-38 for
development to occur on property more particularly described as Lot 341 of CT 13-03, APN:
208-010-44 (see attached Exhibit "A") 1/We, Rancho Costera, 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.
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3B).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 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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3B).doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _
day of At;;r-t \ , 20 I~ .
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
Assistant City Attorney
OWNER(S)
Rancho Costera LLC,
a Delaware limited liability company
By:
Greg Deacon, Assistant Vice President
(Print Name and Title)
Date: 4 /Zn/U)J/{;
(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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3B).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 Californ_li.<;:t
(I .,/ I County of • ///A -· LJ/ .: t; 0
0 -/ .... (.~·.·-.···,"' ~.·J'Q, -.. ~.:::-·.".,~',--. beforeme /~ .. -J, 6 '' /' ·, ·• ,( l, . , -~ /~-/ .... , . .:. I IF:</ '•>, .' • ,/-)'= '.• c ', L' , < .. //' .. ?. 'J d' /'.,<'1 [·· i·, ,•_;j.",, ~ ,, /• ;;,•,," ,Y,', )/ ,q'•' • ?
Date Here Insert Name and Title of the Officer
personally appeared ---------'..6~-·,IL·•~""'"'"-"''"",·-·· ~'""'';...' _.""'6"". 'J"",.~=..•~A""'··"":i'-'-"'J..''-'"·;,A"".'-"'/_' __________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be tt;c'-person~1 whose nameWJ(i~la.¢
tiJ..!flscribed to the within instrument and acknov~J~dged to me that~._hJa/st;l€/ttJ,6y executed the same in
Q2is/t')!!li'/thfofr authorized capacity(!%). and that by<flisYh.for/tl)eir signature(.z) on the instrument the person(/;),
or the entity upon behalf of which the person(;pj acted, executed the instrument.
JESSICA MARIE EVANS
COMM. #2092647
NOTARY PUBLIC-CALIFORNIA
{ RIVERSIDE COUNTY { ~ My Comm. Expires December 7, 2018 l
>.i>At"Vv"/VV"JV>.-"A..VV'v'Vt/V'Vvl-;tr.nN>...r./-,_"V>.J'"''V>JV'\""~~._.·v·,,r-,i,_,.,J••,vv-.v'•,-·•.rJ""'-"","'-I'<tV'"'V'>I:;,
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. ,. ' . r---\ c</) Signatur,~ ~--b""~'-·"/ C'. /":A----
•./
/ Signature of Notary Public
-----------------------------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 Document
Title or Type of Document: _____________ Document Date: --------·---
Number of Pages: ____ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Corporate Officer -Title(s):
D Partner -D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other:
Signer Is Representing: _________ _
Signer's Name:
D Corporate Officer -Title(s): ______ _
D Partner -D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other:
Signer Is Representing: ________ _
([)2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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3B).doc 01/25/13
EXHIBIT A
(
Order Number: Nf-:ISC-4512705 (rh)
Page Number; 1l
lEGAL E>ESCRIPTEON
Real property In the City of Carlsbad, County of San Diego, State of California, described as
follows:
A PORTION OF PARCEL 1 OF CERTIFICATE OF COMPUANCE CE 13-07, RECORDED FEBRUARY
19, 2014 AS INSTRUMENT NO. ?g!j:-_OQ§Z.~?.~ OF OFFICIAL RECORDS, IN THE CITY OF
CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF SAID CERTIFICATE OF
COMPLIANCE, HEREON REFERRED TO AS REC 1; THENCE SOUTHERLY ALONG THE EAST LINE
OF SAID REC 1, SOUTH 01 °49'13" WEST 1600.95 FEET; THENCE LEAVING SAID EAST LINE,
SOUTH 62°27'54" WEST 76.17 FEET, SOUTH 54°49'02" WEST 135.16 FEET, SOUTH 49°55'15"
WEST 38.74 FEET, SOUTH 60°03'58" EAST 8.37 FEET, SOUTH 47°45'30"WEST 26.0B FEET,
SOUTH 43°38'59" WEST 51.49 FEET, SOUTH 37"11'57" WEST 45.52 FEET, TO A POINT ON THE
NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 11,
2009 AS DOCUMENT NO. ?.QQ~:.0.?.1l§~~i THENCE ALONG THE NORTHEASTERLY UNE OF SAID
LAND, NORTH 60"03'58" WEST 26.09 FEET TO THE NORTHERN POINT OF SAID LAND; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LAND, SOUTH 37"29'54" WEST 15.91 FEET,
SOUTH 33°16'42" WEST 30.06 FEET, SOUTH 31 °34'45" WEST 28.46 FEET, SOUTH 28°24'53"
WEST 27.22 FEET, SOUTH 23"51'09'' WEST 26.06 FEET, SOUTH 20"12'37" WEST 24.51 FEET,
SOUTH 17°48'20" WEST 25.83 FEET, SOUTH 16"39'11" WEST 22.22 FEET, SOUTH 00"08'16"
EAST 4.75 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE IRREVOCABLE
OFFER TO DEDICATE RECORDED AUGUST 14, 2008 AS DOCUMENT NO. ~QQS-0·!3~-~1§ OF
OFFICIAL RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 20, 2011 AS
DOCUMENT NO. 2011--{}368561 OF OFFICIAL RECORDS, HEREON REFERRED TO AS REC 4;
THENCE ALONG THE "i36UNDARY OF SAID REC 4, SOUTH 00"08'16" EAST 44.78 FEET, SOUTH
18°45'11" WEST 24.61 FEET, SOUTH 18"09'31" WEST 38.98 FEET, SOUTH 15"31'28" WEST
44.23 FEET, SOUTH 15°10'38" WEST 29.09 FEET, SOUTH 19"31'13" WEST 37.42 FEET, SOUTH
19"07'341' WEST 53.80 FEET, SOUTH 14°46'21" WEST 24.34 FEET, SOUTH 19"58'08" WEST
24.56 FEET, SOUTH 27°25'50" WEST 25.25 FEET1 SOUTH 33"03'11" WEST 24.91 FEET, SOUTH
32°17'19" WESf 96.78 FEET, SOUTH 15°12'28" WEST 17.77 FEET, SOUTH 08"38'23" WEST
16.96 FEET, SOUTH 02°15'56" WEST 21.18 FEET, SOUTH 04°18102" EAST 20.65 FEET, SOUTH
14"14'32" EAST 17.42 FEET, SOUTH 29°19'05" EAST 12.21 FEET, SOUTH 43°06'27" EAST 20.44
FEET, SOUTH 53"39'29" EASf 20.48 FEET, SOUTH 53"12'20" EAST 26.23 FEET, SOUTH
56"45'45".EAST 37.20 FEET, SOUTH 55"54'54" EAST 36.13 FEET, SOUTH 54°34'57" EAST 39.70
FEET, SOUTH 53"39'5311 EAST 41.98 FEET1 SOUTH 48°32'37" EAST 23.08 FEET, SOUTH
52°18'59" EAST 29.91 FEET, SOUTH 52"16'51" EAST 35.98 FEET, SOUTH 51°08'56" EAST 43.67
FEET, SOUTH 48"14'56" EAST 8.42 FEET TO THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN THE GRANT DEED RECORDED AUGUST 14, 2008 AS DOCUMENT NO. ~QQ.t3:
0435947 OF OFFICIAL RECORDS, HEREON REFERRED mAS REC 3; .THENCE ALONG THE WEST
LINEOF. SAID REC 3, SOUTH 48"'14'56" EAST 30.47 FEET, SOUTH 47"48'32" EAST 40.97 FEET,
SOUTH 47"32'57" EAST 32.41 FEET, SOUTH 50°39'48" EAST 46.12 FEET, SOUTH 48"53'42"
EAST 21.99 FEET1 SOUTH 66°28'18'1 EAST 16.06 FEET, SOUTH 47°17'11" EAST 71.12 FEET TO A
POINT ON THE EAST LINE OF REC 1; THENCE ALONG SAID EAST LINE, SOUTH 25°45'09" WEST
90.12 FEET, SOUTH 23°38'10" WEST 109.80 FEET TO THE SOUTHEAST CORNER OF REC 1;
THENCE ALONG THE SOUTH LINE OF REC 1, NORTH 82°41'45" WEST 72.17 FEET, SOUTH
32°50'4511 WEST 16.78 FEET TO THE BEGINNING OF A NON-TANGENT 6855.31-FOOT CURVE
CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 25"35'1911 WEST; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°59'05" AN ARC DISTANCE
First American Title
/ l
Order Number; NHSC-451270~ (rh)
Page Number: 12
OF 476.75 FEET; lliENCE NORTI! 60°25'37" WEST 449.43 FEEf TO THE BEGINNING OF A
TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOlJTHERLYi THENCE WESTERLY ALONG
SArD CURVE THROUGH A CENTRAL ANGLE OF 31 °40'36" AN ARC DISTANCE OF 1130.65 FEET;
THENCE SOUTH 87°53'47" WEST 761.88 FEET TO THE BEGINNING OF A TANGENT 1555.07-
FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 43°01'37" AN ARC DISTANCE OF 1167.80 FEET; THENCE
NORTH 49°04136" WEST 511.31 FEET TO THE BEGINNING Of A TANGENT 2045.09-FOOT
· RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 05°.23'02" A DISTANCE OF 192.17 FEET; THENCE RADIAL TO SAID CURVE
NORTI! 35°32'22" EAST 55.00 FEET; THENCE NORTH 44°46'29" WEST 132.79 FEET TO THE
SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE WEST LINE OF REC 1,
NORTH 31 °58'59" EAST 69.52 FEET, NORTH 36°59'55" EAST 92.46 FEET, NORTH 42°43'42"
EAST 92.-u; FEET, NORTH 48"33'11" EAST 92.75 FEET, NORTH 63"32'50" EAST 92.35 FEEf,
NORTH 47°45'28" EAST 94.49 FEET, NORTH 78"10'09" EAST 93.72 FEET, NORTH 77°37'25"
EAST 91.01 FEET, NORTH 77"03'12" EAST 89,97 FEET, NORTH 64°38'401' EAST 96.25 FEEf,
NORTI! 85°05'13" EAST 96.38 FEET, NORTH 89°38'33" EAST 100.00 FEET, NORTH 88°57'30"
EAST 100.13 FEET, NORTH 85°59'03" EAST 105.46 FEET1 SOUTH 86°41'38" EAST 110.56 FEET,
NORTH 61°28'22" EAST 110.57 FEET, NORTH 66°17'10" EAST 106.20 FEET, NORTH 60"39'47"
EAST 105.87 FEET, NORTH 54°42'29" EAST 104.85 FEET, NORTH 55"38'48" EAST 99.66 FEET1
NORTH 58"26'48" EAST 100.12 FEET, NORTH 58°21'19" EAST 100.18 FEET, NORTH 55°29'19"
EAST 99.96 FEET, NORTH 52°36'33" EAST 100.20 FEET, NORTH 51"40'5611 EAST 103.75 FEET,
NORTH 48°32'08" EAST 104.73 FEET, NORTH 43°05'39" EAST 104.95 FEET1 NORTH 41 °41'52"
EAST 101.54 FEET, NORTH 41°25'43" EAST 100.09 FEET, NORTH 38°31'19" EAST 99.98 FEET,
NORTH 37°50'23" EAST 106.35 FEET TO THE NORTI!WEST CORNER OF REC 1; THENCE
EASTERLY ALONG THE NORTI! LINE OF REC 1, SOUTH 89°18'59" EAST 1686.99 FEETi THENCE
LEAVING SAID NORTH UNE, NORTH 53"53'49" WEST 173.74 FEET TO THE BEGINNING OF A
TANGENT 470.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLYi THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°58'25" AN ARC
DISTANCE OF 49.00 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 89°18'59" EAST
20.54 FEET, SOUTH 57°39'03" EASf' 249.77 FEET TO A POINT ON THE NORTH LINE OF REC 1,
SAID LINE ALSO BEING THE SOLITH LINE OF SAID LOT 140 OF MAP NO. 2.~J-~; lliENCE
EASTERLY ALONG SAID LINE, SOUTH 89°18'59" EAST 346.33 FEET TO THE POINT OF
BEGINNING.
APN: 208-010-44-00
Rrst American TTtfe