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HomeMy WebLinkAboutCDP 15-23; Ocean Park Estates LLC; 2020-0359460; Hold Harmless Agreement/ReleaseDOC# 2020-0359460 1111111111111111111111111111111111 Jul 08, 2020 12:44 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES 5 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-150-09-00 PROJECT ID: CDP 15-23 (PUD 15-11) PROJECT NAME: Lanikai ' Lane HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 509-9A) and improvement plan (DWG 509-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe, Ocean Park Estates, LLC, a California limited liability company, 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 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. \\FILES01\ADepartments\CED \ LandDev \PROJECTS\ CDP \CDP 15\CDP 15-23 Lanikai Lane - Bobbett-Levy\B & A\ HOLD 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 this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. HI 111 111 II- 111 2 \\FILES01\ADepartments\CED\LandDev \PROJECTS \CDP \CDP 15\CDP 15-23 Lanikai Lane - Bobbett-Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this a" day of Al /kJ , 20 OWNER(S) Ocean Park Estates, LLC, a California limited liability company By: Core Carlsbad, LLC, a California limited liability company, its manager By: (Sign Here) Troy Shadian, Managing Member (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney City of Carlsbad (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 \\FILES01 \ADepartments\CED‘LandDev\ PROJECTS \CDP \CDP 15 \CDP 15-23 Lanikai Lane - Bobbett-Levy\B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" PARCEL 1: LOT 1 OF TRACT MAP NO. 15953, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 2013 AS FILE NO. 2013-669168 OF OFFICIAL RECORDS. PARCEL 2: THE SOUTH 10 ACRES OF LOT 1, SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY WITH THE NORTH AND SOUTH BOUNDARIES APPROXIMATELY PARALLEL. EXCEPTING THEREFROM ANY PORTION TAKEN BY THE STATE OF CALIFORNIA IN PARCELS 6A & 6B OF FINAL DECREE RECORDED APRIL 23, 1952 AS DOCUMENT NO. 50269 IN BOOK 4444 PAGE 395 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THAT LIES WITHIN THE EXTERIOR BOUNDARIES OF TRACT MAP NO. 15953, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 2013 AS FILE NO. 2013-669168 OF OFFICIAL RECORDS. APN: 214-150-26-00 (Affects Parcel 1) and 214-150-27-00 (Affects Parcel 2) State of Cal ornia County of On 41 Dat personally appeared ROXANNE JONES COMM. 02284149 NOTARY PUBLIC • CALIFORNIA § SAN DIEGO COUNTY Commission Expires APR 20, 2023 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. before me,-PrOt•ahlli ivA6 , Nvicry Here Irlsert Inme and Title of the Officer 11ZDti ShodlC .6 r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature )(95)W Signature of Notary Public OPTIONAL Place Notary Seal Above 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 Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Partner — D Limited D General 0 Individual 0 Attorney in Fact LI Trustee 0 Guardian or Conservator D Other: Signer Is Representing: Named Above: Signer's Name: D Corporate Officer — Title(s): Eli Partner — 0 Limited O General D Individual D Attorney in Fact O Trustee D Guardian or Conservator D Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01 \ADepartments \GED \LandDev \ PROJECTS \ CDP \CDP 15\CDP 15-23 Lankai Lane - Bobbett-Levy\B & A\GRADING AND EROSION CONTROL BOND.doc REV. 01/25/13