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HomeMy WebLinkAboutCT 09-04; Ocean Park Estates LLC; 2013-0451264; Hold Harmless Agreement/ReleaseDOC llllllllllllllll 2013-G45 lllllllllllllllllll 2G4 lllllllllll 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 JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 lillliiili^ SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 214-150-09-00 / 214-150-10-00 CT 09-04 Lanikai Lane HOLD HARIVILESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (FM 09-04) for development to occur on property more particularly described as (see attached, Exhibit "A"), lA/Ve, Ocean Park Estates, LLC, California limited liability company, 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. 1 Q:\CED\LandDev\PROJECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG FM 09-04).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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG FM 09-04).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of "T>^vve-> , 20 \^ . OWNER(S) Ocean Park Estates, LLC, a California limited liability company By: By: Core Carlsbad. LLC, a California limited liabilitv companv, its Manager Date: (Sign Here) Troy Shadian, Manager (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney KEMP Assistant City Attorney (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.) Q:\CED\LandDev\PROJECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG FM 09-04).doc 01/25/13 EXHIBIT "A" Real property In the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THAT PORTION 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. EXCEPTING THEREFROM THE SOUTH 10 ACRES THEREOF LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY WITH THE NORTH AND SOUTH BOUNDARIES APPROXIMATELY PARALLEL. ALSO EXCEPTING THEREFROM ANY PORTION TAKEN BY THE STATE OF CALIFORNIA IN PARCELS 6A & 6B OF RNAL DECREE RECORDED APRIL 23, 1952 AS DOCUMENT NO. 50269 IN BOOK 4444 PAGE 395 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 WFTH 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. APN: 214-150-09-00 (Affects Parcel 1) and 214-150-10-00 (Affects Parcel 2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q/*.AK>g^ } On -Sbf^C if.^i-? before me, /^/tvA^b /?<.<t<^^<>«< /^/^^'gyi/Ayy/^fe/ifc, Here Insert Nanra and Tide of the Officer * r Date^ personally appeared Name(s) of Signer(s) BRYAN ALEXANDER BARNEst COMM. #1933612 i Notary Public - California g Orange County My Comm. Expires Apf^23^ 2015 [ 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/sheAhey executed the same In his/her/their authorized capacity(ies), and that by his/her/their slgnature(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. Place Notary Seal Above Signature OPTIONAL - Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: //»»4>> I^Aa^L£,f;xi /l(S<g€e4/^;sr Document Date: <^/y^i3 - Number of Pages: ^ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: "T^v ^^AkiAK:^ • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator «L Other; A^Ai^A&^(? RIGHTTHUMBPRINT OF SIGNER Signer is Representing:. Top of thumb here signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 Natrona! Notary Association •9350 DeSoto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 •www.NationalNotary.org ltefn#5907 Reorder. Call Toll-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG FM 09-04).doc 01/25/13