HomeMy WebLinkAboutSDP 86-02E; Aviara Residence Club Owners Association; 2018-0043106; 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# 2018-0043106
111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111
Feb 01 , 2018 03:48 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins $0 00)
PAGES 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
@
215-941-04-00, 215-941-05-00
215-941-06-00, 215-941-0 7 -00
215-941-10-00, 215-941-11-00
215-941-12-00
PROJECT ID: SDP 86-02E ------------PROJECT NAME: Aviara Residence Club
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 504-7 A) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, Aviara Reside!1ce Club Owners Association, a California Mutual Benefit Corporation, the
owner(s) 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
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HARMLESS AGREEMENT DRAINAGE doc 01/25/13
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.
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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HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
q IN WITNESS WHEREOF, the undersigned has executed this instrument this
___ day of I 1ill)ua~ , 20 /21 •
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By rfdl nP
~NKE~ -
Assistant City Attorney
City of Carlsbad
OWNER(S)
Aviara Residence Club Owners Association, a California
Mutual Benefit Corpor ·
By:
befVle+rio
Berni Ortega, VP General Manager
(Print Name and Title)
Date: _Ja nua J1L1 J CJ, "Z..01S5
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.)
3
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HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
EXHIBIT A
LEGAL DESCRIPTION
Real Property In the City of Carlsbad, County of San Diego, State of California, and is described
as follows:
PARCEL 1:
LOTS 44 THROUGH 48, S 1 AND 56 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3
PLANNING AREAS PORTION OF 2B AND 10, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STA TE OF CALIFORNIA. ACCORDINO TO MAP THEREOF NO. 13979,
FILED IN-THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
RECORDED JUNE 9, 2000 AS FILE NO. 2000·0306276 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL OAS, NA TIJRAL OAS RIGHTS, AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS
DERIVBD FROM ANY OF THE. FOREGOING, THAT MAY BE WITHIN OR UNDER THE
PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF. DRILLINO, MININO,
EXPLORING AND OPERA TINO THEREFORE, AND STORING IN AND REMOVING THE
SAME FROM 'THE PROPERTY OR ANY OTHER LAND, INCLUDINO THE RIGHT TO
WHlPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THE PROPERTY OIL AND OAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUBSURFACE OF THE PROPERTY~ AND TO BOTTOM SUCH
WHlPSTOCKED OR DIRECTIONALLY DRILLBD WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND TIIB EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETIJNNEL, E.QUJP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON,
REMOVE, WHIPSTOCK. DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE
OR OPERATE THROUGH THE SURFACE OR THE. UPPER FIVE HUNDRBD (S00) FEET
OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED IN THE DEED BY AV1ARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIM1TED
PARTNERSHIP, RECORDED JULY 13, 2001, AS INSTRUMENT NO. 2001-0484003,
OFFICIAL RECORDS.
PARCELl!
A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIOHT OF WAY ON, OVER,
ACROSS AND ALONG THAT PORTION OF LOTS OF CITY OF CARLSBAD TRACT 8S-
35, PHASE 1 UNIT A. 1N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TB
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THB OFFICE
OF THE COUNTY RE.CORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89-
345850 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: ~
!349113261
BEGINNING AT TH.E NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE
NORTH LINE OF SAID LOTS, NORTii 88°01'16" EAST, 54.66 FEET TO A POINT ON THE
EASTERLY LINE OF FINCH LANE AS SHOWN ON SAID MAP NO. 12409, SAID POINT
BEING ON THE ARC OF A 302.00 FOOT RADIUS CURVE, CONCA VB TO THE
NORTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 58°46'47" EAST;
THENCE SOUTHWESTERLY ALONO SAID EASTERLY LINE AND THE ARC OF .SAID
CURVE THROUGH A CENTRAL ANGLE OF 06°39'43" A DISTANCE OF 35.12 FEET;
THENCE SOUTH 37°52'57" WEST, 107.86 FEET; TO THE BEGINNING OF A TANGENT
478.00 FOOT RADIUS CURVE. CONCA VE TO THE EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°20'56" A
DISTANCE OF 353.30 FEET; THENCE SOUTH 04°28'00" EAST, 78.63 FEET, TO THE
BE.GINNING OF A TANGENT 17$.00 FOOT RADIUS CURVE CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 17°25'46" A DISTANCE OF 54.15 PEET TO THE BEGINNING OF A NON-
TANGENT 43.00 FOOT RADIUS CURVE, CONCA VE TO ]JIB SOUTHWEST, A RADIAL
LINE TO SAID POINT BEARS NORlH 05°17'32" EAST THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61°48'24" A
DlSTANCE OF 46.39 FEET; THENCE SOUTH 22°54'03" EAST 61.S3 FEET TO A POINT
ON THE NORTHERLY RIOHT OF WAY OF KINGFISHER PLACE AS SHOWN AND
DEDICATED ON SAID MAP NO. 12409 SAID POINT BEING ON THE ARC OF 50.00
FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID
POrNT BEARS NORTH 11°01'59" WEST; THENCE SOUTHWESTERLY ALONG SAID
NORTHERLY RIOHT OF WAY AND THE ARC OF SAID CURVE THROUGH A
CENTRAL ANOLE OF 70°28100" A DISTANCE OF 61.49 FEET TO A POINT ON THE
WESTERLY LINE OF SAID LOT 5 AND A POINT OF CUSP WITH A 20.00 FOOT RADIUS
CURVE. CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS
SOUTH 81°29'58" EAST; THENCE NORTiiWESTERLY ALONG THE WESTERLY LINE
OF SAID LOT 5 AND THE ARC OF·SAID CURVE THROUGH A CENTRAL ANGLE OF
64°27'.37" A DISTANCE OF 22.50 FEET; THENCE NORTH S5°5613511 WEST, 47.28 FEET
TO THE BEOJNNINO OF TANGENT 43.00 FOOT RADIUS CURVE, CONCAVE TO ma
NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC PF SAID CURVE
THROUGH A CENTRAL AN OLE OF S 1 °28'35" A DISTANCE OF 38.63 FEET; THENCE
NORTH 04°28'00" WEST,-24.67 FEET; THENCE. NORTH 05°59'10" WEST, 71.05 FEET;
THENCE NORTH 04°28100 .. WESTt 78.63 FEET TO THE BEOINNINO OF A TANGENT
522.00 FOOT. RADIUS CURVE, CONCAVE TO THE EAST; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVB THROUGH A CENTRAL ANGLE OF 42°20'56" A
DISTANCE OF 385.82 FEET; THENCE NORTH 37°52'56" EAST, 107.86 FEET TO THE
POINT Of BEGINNING.
PARCEL 3:
AN EASEMENT FOR INGRESS, EGRESS, ROAD AND GENERAL UTILITY PURPOSES,
OVER UNDER, ALONG AND ACROSS IBA T PORTION OF KINGFISHER PLACE AS
SHOWN ON CITY OF CARLSBAD TRACT NO. 85-35 AVIARA PHASE l UNlT 1A', IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY
1349113262
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AND TIIA'F PORTION OF
PARCEL 2 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OP CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DJEOO COUNTY, APRIL 15, 1991 AS FILE NO. 91-168677 OF
OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNlNO AT THE MOST SOUTHWEST CORNER OP LOT 4 OF SAlD MAP NO. 12409,
SAID CORNER BEARS SOUTH 76°16'04" WEST (SOUTH 76°15'4811 WEST RECORD PER
SAID MAP NO. 12409) FROM AN ANGLE POINT IN THE SOUTHERLY LINE THEREOF;
THENCE. SOUTH 04.,32'16" WEST, 119.04 FEET TO TIIE BEOINNINO OF A CURVE
CONCA VE NORTHEASTERLY HA VINO A RADIUS OP 20.00 FEETi mENCB
SOUTHEASTERLY 30.32 FEET ALONG SAID CURVE llfROUOH A CENTRAL ANOLE
OF 86115210011 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF BATIQUITOS
DRIVE (68' WIDE) AS SHOWN ON SAID MAP NO. 12409; THENCE NON-TANGENT TO
SAID CURVE AND ALONG SAID NORTH RlOHT OF WAY LINE, NORTH 82°19'44"
WEST, 73.99 FEET TO THE BEOINNINO OF A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 634.00.FEBT; THENCE CONTINUING WESTERLY 25.34 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°17'2411 TO A POINT OF
CUSP BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 05°22'52" WEST;
THENCE LEAVING SAID NORTH RIGHT OF WAY LfNE1 NORTHEASTERLY 31.71
FEET ALONG SAID CURVE. THROUGH A CENTJµL ANGLE OF 90°50'36"; THENCE
NORTH 04°32'16" EAST, 254.75 FEET; THENCE NORTH 04<152'39" WEST, 284.78 FEET;
THENCE SOUTH 45°16'01" EAST, 1.28 FEET; THENCE SOUTH 0411214411 EAST, 24.66
FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HA VINO A
RADIUS OF 43.00 FEET; THENCE SOUTHEASTERLY 38.63 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF S1°28'35"; THENCE SOUTH 55°56'19" EAST. 35.S1
FEET; THENCE SOUTH 04°49'51" EAST, 304.50 FEET; THENCE SOUTH 04°32'16'' WEST,
47.80 FEET TO THE POINT OF BEGINNING. .
PARCEL4:
AN EASEMENT FOR ACCESS, INGRESS AND EGRESS OVER, UNDER, ALONG AND
ACROSS ALL OF LOTS 52 AND S4 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3
PLANNING AREAS PORTION OF lB AND 10, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALJFORNIA. ACCORDING TO MAP THEREOF NO, 13979,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
9, 2000.
2 t 5-941-04 (Affects Lot 46)
215-941-0S (Affects Lot 4 7)
215-941-06 {Affects Lot48)
21 5-941-07 (Affects Lot 5 l)
21S-941-10 (Affects Lot S6)
215-941-11 (Affects Lot44)
215-941-12 (Affects Lot 45)
1)49llll62
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.
personally appeared
who proved to me on the basis of satisfactory evidence to be the pernon~ whose name~ is/@f,Qoo
subscr-ibed to the within instrument and acknowledged to me that he/~y executed the same in
his/~il· authorized capacity~). and that by his/~ir signature~ on the instrument tl1e person~.
or the entity upon behalf of which the person~ acted, executed the instrument.
1············f ···"•"· LESLIE MICHELLE LAURER
: ~-:t.:.-'_ _ · Notary Public -California z ~ /. ~ · San Diego County j;
·. Commission# 2217637 -
My Comm. Expires Nov 8, 2021
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
---------------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 Dff~rl3'11f \,i;L A ,,,-:-' Q I 0..
Title or Type of Docu,Tent:tIDL£tniAfMM""TJ }\OJ'ten\~ Document Date:_ ~'-"V00A ____ '-h -z..o, V
Number of Pages: --'f----_ Signer(s) Other T~;ed Above: _ __ _ _ __ =-J
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Corporate Officer -Title(s): ______ _
D Partner -D Limited D General
n Individual n Attorney in Fact
D Twstee D Gumdian or Conservator
l_l Other:
Signer Is Representing: _________ _
Signer's Name: __ _
1·J Corporate Officer -Title(s): ______ _
D Partner -D Limited D General
D Individual
D Trustee
lJ Other:
D Attorney in Fact
D Gumdian or Conservator
Signer Is Representing: ______ _
\<:J2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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HARMLESS AGREEMENT DRAINAGE.doc 01 /25/13
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