HomeMy WebLinkAboutCT 04-08; CITY VENTURES HOMEBUILDING LLC; 2012-0019027; 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
DOCtt 2012-0019027
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JAN 12,2012 11:08 AM
8672
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER S USE
ASSESSOR'S PARCEL NO.: 215-050-73-00
PROJECT ID: CT 04-08
PROJECT NAME: La Costa Village
Townhomes
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 471-6A ) for
development to occur on property more particularly described as (see attached, "Exhibit A"),
I/We, City Ventures Homebuilding LLC, a Delaware 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
QACED\LandDev\PROJECTS\CT\CT 04\CT 04-08 La Casta Village Townhomes (Moonstone tormerly Levatino) - Rlok\B & ANHOLD HARMLESS AGREEMENT
DRAINAGE(471-6).doc
8673
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. r^
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of 20 Ji
OWNER(S)
Citv Ventures Homebuildina LLC
Bv Citv Ventures Communities. LLC, its member
Bv: Citv Ventures, LLC, its sole member
By:
(Sign Here)
Tony Pauker. Vice President, City Ventures, LLC
(Print Name and Title)
Date:
By:
(Sign Here)
Scott Homan. CFO, City Ventures, LLC
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy 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.)
J \CED\LandDev\PROJECTS\CTACT C4\CT 04-08 La Costa Village Townhomes (Moonstone formerly Levatino) - Rlok\B & MHOLD HARMLESS AGREEMENT
DRAINAGE(471-6).doc
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CALIFORNIA ALL-PURPOSE ACKNWU|l^jJ^
Here Insert Name and Title of the Officer
State of California
County of.
On i( before me, _
personally ap^Led I Signer(s)
- - -MICHELLE BOHANNON f
Commission # 1884092 |
Notary Public - California z
Orange County j
^ Mv Comm. Expires Mar 26.20141 m w * w e w m m m w'W^^r'^'ir^
Place Notary Seal Above
Who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) subscribed to the
within instrument and acknowledged to me that
h^/s|^q/l^ executed the same in h|6/h6^Seir authorized
capacity(ies), and that by hi^Mr^ 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
Signature
OPTIONAL
Thouah the information below is not required by law. it may prove valuable to persons relying on the document Though '^^JJ^™^'"';^^^^, fraudulent removal and reattachment of this form to another document.
Description Of Attached Document ^
™e . Type 0. Oocu.en. U <^ H^^Wlg^^ ^f^P^Pfrt -^^^^^
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's ^•omor^)f| ^ i/Av ,lVj2-^
• Individual
• Corporate Officer — Title(s): —
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHTTHUIVIBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer's Name:
• Individual
• Corporate Officer —Title(s):
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
S^^^^^^^^^r^S^^^Sn-i^SO^ioto^^^^ 91313-2402 Na«on.No.ary.o„ Item *5907 Reorder:CallToll-F,«e 1-800-876^827
QACED\LandDevVPROJECTS\GT\GT 04\GT 04-08 La Costa Village Townhor.es (Moonstone formerly Levatino) - Rlok\B & MHOLD HARMLESS AGREEMENT
DRAlNAGE(471-6).doc
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
ALL T>1AT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OFSECTION 26,
TOWNTHIP 12 SOUTW RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CTTY OF
SSD CoSS^iT^F^N D^^^^^^ sf ATE OF CALIFORNIA, BEING MORE PARTICULARLY
SBE6^S C^FIOo'^ OF COMPLIANCE RECORDED JUNE 16, 1989 AS INSTRUMENT NO.
89-317343, AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECHON
2f™CE ALONG THE NORTH LINE OF SAID SECHON, SOUTH Bg^lJOe" EAST 53.79 FEET
TO rJoiSr N THE ARC OF A 7045.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A
JSDIAL So SMD W^^^^ SOUTH 57«'3r42" WEST, SAID POINT ALSO BBNG IN THE
^SiU^STE^Y QNE OF^^^ PARCEL OF LAND DESCRIBED IN DEED TO IHE
SSJ??O^^N DK^^^ JULY 10, 1970 AS INSTRUMENT NO. 121184, OFFICIAL
REC^J^S OF SAID raU^^ SOUTHWESTERLY LINE BHNG DRAWN CONCENTRIC WITH
l^n^?^A^^ (^FEET SOLmWEST^ERLY MEASURED RADIALLY FROM THE CENTER LINE OF
Er?AS PEIL S SHOWN STsAN DIEGO COUNTY ROAD SURVEY NO. 1800-1, ON FILE IN
™^FR^ OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOinHEASTERLY ALONG
S^D 7M5 0(?^T SDIUTCURVE THROUGH A CENTRAL ANGLE OF 0<>38'48" A DISTANCE OF
79^51 FEFT-rh^^ TANGED" TO SAID CURVE SOUTH 33»0r06" EAST 1045.53 FEET TO THE
BIGINNI^' C)F VD^NGENT 1755.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
ScE SfflEASreRLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF IB'KOS", A
SNCIS^S^FEET TO IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE
B^4 ^^RTH 75»1 J02'^; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ROAD
luRVEY NORTH 8944-31" WEST 435.63 FEET; THENCE NORTH 49«'07'37" WEST 602.12 FEET
TO AN^lircR^CnON wriH ^E WEST LINE OF THE WEST HALF OF THE NORTHEAST
^^•^^SEO^ 26; THENCE ALONG SAID WEST LINE NORTH 0°03W WEST
1053.06 FEET TO THE POINT OF BEGINNING.
EXCEFHNGIHEREFROM THOSE PORTIONS GRANTED TO THE CTTY OF CARLSBAD IN DEEDS
^OIRDED FEBRUARY 11, 1992 AND FEBRUARY 13, 1992 AS INSTRUMENT NOS. 1992-0072898
AND 1992-0080875, RESPECnVELY, BOTH OF OFROAL RECORDS.
ALSO EXCERTNG THEREFROM AN UNDIVIDED ONE-HALF II^R^T IN AN^ JO^mE OIL AND
MINERAL RIGHTS IN CONNECHON WFTH SAID LAND PROVIDED THAT THIS RESERVATION
DOK NOT INCSDE ANY RIGHT OF TTIE GRANTOR TO MAKE A SURFACE EI^Y FOR THE
PURPOSE OF EXPLORING FOR OR EXTRAOING ANY OIL OR MIN^ERALf^rT BHNG TTHE
AGREEMEI^ OF PARTIES HERETO THAT GRANTOR SHALL, IN THE B/ENT, nMP HAI F OF ^1
ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND BE ENTITLED TO ONE-HALF OF THE
NET PROCEEDS THEREOF, AS RESERVED BY CLAUDIE MAY MILLIGAN, A WIDOW, BY DEED
RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFFICIAL RECORDS.
APN: 215-050-73