HomeMy WebLinkAboutMS 16-01; HARDING STREET NEIGHBORS LP; 2022-0056570; Permanent Stormwater AgreementDOC# 2022-0056572
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Feb 07, 2022 12:15 PM
OFFICIAL RECORDS
Ernest.) Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
PAGES: 7
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT ID:
PROJECT NAME:
204-292-01 to 02, 204-292-10
to 14, 204-292-17 to 22, 204-
292-16, 204-291-14, 204-291-
19 to 27
MS 16-01
Pacific Wind
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 532-9A) and
improvement plan (DWG 532-9) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, Harding Street Neighbors, LP, a California
Limited Partnership, 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
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Q.NCED1LandOev1PROJECTSISDPISOP 151SUP 15.18 Paclic Wncl - Rick18 & A1H0I 0 HARM! EESS AGREEMEN DRAINAGE.doc C't25/13
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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Q:0,11\1.andOeiAPROJEGTSSDPISDP 15tSDP 15-18 Pacific tAirid • Ric108 & AIHOI ("HARMLESS AGREEMENT DRAINAGE doc 01/25/13
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOTS 1 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSIVE, OF PALM VISTA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP NO. 2969, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 13 OF PALM VISTA, ACCORDING TO
MAP THEREOF NO. 2969; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13, SOUTH 19°17'11" EAST
161.15 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 13, SAID POINT BEING ALSO THE
EASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14,
SOUTH 61°51'52" WEST 68.06 FEET; THENCE NORTH 08°26'25" WEST 42.85 FEET; THENCE NORTH
14°49'18" WEST 95.30 FEET; THENCE NORTH 25°13'44" WEST 26.19 FEET TO A POINT IN THE
NORTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEARS SOUTH 61°51'52" WEST 55.14 FEET FROM
SAID MOST NORTHERLY CORNER; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 61°51'52" EAST
55.14 FEET TO THE POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM, THOSE PORTIONS OF LOTS 8, 9, 11 AND 12 AS CONVEYED
TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AS DESCRIBED IN DEED RECORDED
AUGUST 24, 1967 AS FILE NO. 127829 OFFICIAL RECORDS OF SAID COUNTY.
APN(S): (Lot 1); 204-292-01-00; 204-292-02-00 (LOT 2); 204-292-10-00 (LOT 3); 204-292-11-00 (LOT 4); 204-292-
12-00 (LOT 5); 204-292-13-00 (LOT 6); 204-292-14-00 (LOT 7); 204-292-17-00 (LOT 8); 204-292-18-00 (LOT 9);
204-292-20- 00 (LOT 11); 204-292-21-00 (LOT 12); 204-292-22-00 (LOT 13); 204-291-27-00 (LOT 24); 204-291-
26-00 (LOT 25); 204- 291-25-00 (LOT 26); 204-291-24-00 (LOT 27); 204-291-23-00 (LOT 28); 204-291-19-00 (LOT
29); 204-291-20-00 (LOT 30); 204-291-21-00 (LOT 31); 204-291-22-00 (LOT 32); 204-291-14-00 (LOT 33)
PARCEL B:
THAT PORTION OF LOT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT THEREON SOUTH 61°21'
WEST, 446.86 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF ADAMS STREET, SAID POINT
OF BEGINNING BEING THE MOST WESTERLY CORNER OF THE LAND CONVEYED BY THE SOUTH
COAST LAND COMPANY TO DEAN F. PALMER, BY DEED DATED MAY 5, 1927, AND RECORDED IN BOOK
1335, PAGE 384 DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF
THE LAND AS CONVEYED TO SAID PALMER AND THE SOUTHEASTERLY PROLONGATION OF SAID LINE,
SOUTH 28°39' EAST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE
NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY
SOUTH COAST LAND COMPANY TO LAURA JONES BY DEED DATED MAY 14, 1929, AND RECORDED
IN BOOK 1629, PAGE 431 DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION
AND THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID JONES, SOUTH 61°21'
WEST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF
THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H.
WHELDON BY DEED DATED JULY 7, 1926, AND RECORDED IN BOOK 1180, PAGE 463 DEEDS,
EXHIBIT A
(Continued)
RECORDS OF SAID COUNTY; THENCE ALONG THE SAID NORTHEASTERLY LINE OF THE LAND SO
CONVEYED TO SAID WHELDON AND ALONG THE NORTHWESTERLY PROLONGATION THEREOF, NORTH
28°39' WEST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF
MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE NORTH 61°21' EAST, A DISTANCE OF 536.38
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8 OF PALM VISTA, ACCORDING
TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 16, 1953, SAID POINT BEARS SOUTH 61°58'46" WEST, 71.99 FEET FROM THE
MOST NORTHERLY CORNER OF SAID LOT 8; THENCE (1) NORTH 22°36'42" WEST, 359.22 FEET;
, THENCE (2) NORTH 18°34'28" WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA
AVENUE, LAST SAID POINT BEARS NORTH 61°54'01" EAST, 162.74 FEET FROM THE INTERSECTION
OF SAID CENTER LINE AN THE CENTER LINE OF HARDING STREET, FORMERLY 5TH STREET, AS
SAID STREET IS SHOWN ON THE RE-SUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES,
ACCORDING TO THE MAP NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 17, 1927.
APN: 204-292-16-00
PARCEL C:
LOT 10 OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 16, 1953.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, PER GRANT
DEED RECORDED MAY 9, 1967 AS INSTRUMENT NO. 64674 OFFICIAL RECORDS.
APN: 204-292-19-00
PARCEL D:
ALL THAT PORTION OF THE NORTHEASTERLY HALF OF HARDING STREET DEDICATED ON THE MAP OF
PALM VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 2969 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
MARCH 16,1959, ABUTTING LOTS 1 THROUGH 13, INCLUSIVE, OF SAID MAP ON THE SOUTHWEST WHICH,
UPON VACATION, WOULD REVERT TO SAID LOTS BY OPERATION OF LAW.
TOGETHER WITH ALL THAT PORTION OF THE SOUTHWESTERLY HALF OF SAID HARDING STREET
ABUTTING LOTS 26 THROUGH 33, INCLUSIVE, OF SAID MAP ON THE NORTHEAST, WHICH UPON
VACATION WOULD REVERT TO SAID LAND BY OPERATION OF LAW.
ALSO TOGETHER WITH ALL THAT PORTION OF THE NORTHWESTERLY HALF OF CAROL PLACE
(FORMERLY SANDRA PLACE) DEDICATED ON SAID MAP ABUTTING LOTS 24,25 AND 26 OF SAID MAP ON
THE SOUTHEAST WHICH, UPON VACATION, WOULD REVERT TO SAID LAND BY OPERATION OF LAW.
By: Innovative Housing Opportunities, Inc., a California
nonprofit pbyb.nefit corp )itienNTiTg-ssle and manager
By:
Rbchelle Mills
P6Rsident and Chief Executive Officer
Todd R. Cottle, Trustee of the 2007 Todd R.
Cottle and Jennifer N. Cottle Revocable Trust, its
memb
IN WITNESS WHEREOF, the undersigned has executed this instrument this Yth day of
Zik. tok.ey , 20 12.,
OWNER(S)
Harding Street Neighbors, LP, a California limited partnership
By: IHO Harding Street LLC, a California
limited liability company, its managing general partner
By: C&C Harding Street, LLC, a California
limited liability company, its administrative general partner
By: C & C Development Co., LLC, a California limited
liability company, its sole membeincl manager
By:
By:
Barry A. Cottle, Trustee of the Cottle Family Trust
Dated 3/8/1987, its member
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: - RON KEMP
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
0:\cEmLardncAPRoJEcrsIsorsup 1518DP 15-18 Pacific Wad - Ricfai & /MOW HARM: rss AGRFEIMF.NT DRA.INACE.doc 01/25/13
AMY BERING
Notary Public - California
Orange County
Commission # 2370171
My Comm. Expires Aug 8. 2025
Place Notary Seal and/or Stamp Above gnature of Not77Pu1blic
CALIFORNIA 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 California
County of L-0,3
On cl,nutty-g t 1-0 22- before me Arrig gerir)q ivol-arq pbib
`-iDate L/Here Insert Mme and Title or the Officer
personally appeared feachei) e
Namey of Signerpf
are subscribed
heir
, or the entity
who proved to me on the basis of satisfactory evidence to be the person whose name
to the within instrument and acknowledged to me that he they executed the same in hi
authorized capacity(A, and that by hi aer heir signature5 on the instrument the person
upon behalf of which the person) 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
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o Other:
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0 Corporate Officer — itle(s):
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WWW48i21,
C2019 National Notary Association
•gOlgi-MANG
OPTIONAL
Completing this information can deter alteration of the document or
dulent reattachment of this form to an unintended document.
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El Other:
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
RagatanaagaUf_
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 California
County of 0 rail3 e
on asY;quiz rtl / 2o22- before me,
—bate
79111(4 c 1 q Ai.1 -ct r4 Pu bll
44ere Insert Nene and Title of-the Officer
personally appeared garry 4- Co n d o ie. c o /We_
NameLof SignerZ
who proved to me on the basis of satisfactory evidence to be the person(whose name(s) is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/here-la)
authorized capacity(ies), and that by his/her/ signature on the instrument the personisj, or the entity
upon behalf of which the person l acted, executed the instrument.
AMY BERING
Notary Public - California
Orange County
'? Commission tt 2370171
My Comm. Expires Aug 8. 2025
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
Place Notary Seal and/or Stamp Above S' ature of Notary Publi
02019 National Notary Association