HomeMy WebLinkAboutCT 03-02; Grand Pacific Carlsbad LP; 2023-0055867; 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# 2023-0055867
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Mar 06, 2023 09:24 AM
OFFICIAL RECORDS
JORDAN Z. MARKS
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211 -131-13-00 ------------PROJECT ID: CT 03-02 ---'--'----------PROJECT NAME: Marbrisa -Villa 67
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 428-9K) for development
to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Grand
Pacific Carlsbad, L.P., 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
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
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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this
~\~ Ml-+ , 20 2...3 .
day of
OWNER(S)
Grand Pacific Carlsbad, L.P., a California limited partnership
By ~~ {Signere)
Date:
By:
Date:
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By:
RON KEMP
Senior Assistant City Attorney
City of Carlsbad
Timothy J. Stripe -Co-President
(Print Name and Title)
(Sign Here)
(Print Name and Title)
(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.)
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Acknowledgement
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 San Diego
)
)
)
On Februar.y 15, 2023, before me, Diane Marie Proulx, Notacy Public;, personally appeared Timothy
J. Stripe, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/Me subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity~, and that by his/her/their signatur~ on the
instrument the personfiJ, or the entity upon behalf of which the personfiJ 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.
~™~~,~
Signature---~---~---=-o_ / _____________ _ (Seal)
r········ .. ················ ... ···· ............. l ·a·o,ANEMAAiE'PROUTx'' · · · COMM. #2432425 la: NOTARY PUBLIC • CALIFORNIA ~ ~ SAN DIEGO COUNTY ;! l Commssion Expns 0ec 25. 2026 t ... Ylli.V.l'J • .,,.,.-AJ1. ..................... 't.A...,,,...?,,H.l'J.•1.•.v ... • ........... ,.-. •• 'Yt.
EXHIBIT A
PARCEL C: (APN: 2 11-131-13)
PARCEL C OF CERTlFfCATE OF COMPLIANCE RECORDED APRIL 25, 2018 AS INSTRUMENT
NO.2012-0241012,
BEING PORTIONS OF LOTS 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS
INSTRUMENT NO. 2006-03 11804 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRrBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORN ER COMMON TO LOTS 5 AND 14, AS
SHOWN ON SAlD MAP NO. 15332; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 76.67
FEET; THENCE SOUTH 66°37'55" WEST A DISTANCE OF 15.76 FEET; THENCE SOUTH
63°45'06" WEST A DISTANCE OF 53.68 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 58°48'08" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
07°13'09", AN ARC LENGTH OF 60.42 FEET; THENCE SOUTH 23°58'43" EAST A DISTANCE OF
25.93 FEET TO THE BEGINNING OF A 345.50 FOOT RADJUS CURVE, CONCA VE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°44'47", AN ARC LENGTH OF 94.95 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 49°0 1'52" WEST A DISTANCE OF 18.00 FEET TO A POfNT
ON A NON-TANGENT 363.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A
RADIAL TO SAID POfNT BEARS SOUTH 50°12'48" WEST; T HENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°39'49", AN ARC LENGTH OF
86.69 FEET; THENCE SOUTH 53°27'01" EAST A DISTANCE OF 40.44 FEET TO THE BEGINN1NG
OF A 32 l.50 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAJD CURVE THROUGH A CENTRAL ANGLE OF
28°33'05", AN ARC LENGTH OF 160.2 1 FEET; THENCE SOUTH 24°53'56" EAST A DISTANCE OF
14.96 FEET TO THE BEGfNNING OF A I 11 .50 FOOT RADIUS CUR VE, CONCA VE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
23°39'3 l ", AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 84°54'10" EAST A DISTANCE OF 18.04 FEET TO A POfNT ON A NON-TANGENT 129.50
FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POfNT BEARS NORTH
88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 17°43'19", AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT
TO SAID CURVE NORTH 70°44'06" WEST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-
TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 74°35'3 I" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'22", AN ARC LENGTH OF 19.60 FEET;
THE NCE SOUTH 25°28'5 l" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31'09"
EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH 25°28'5 l" WEST A DISTANCE OF 25.51
CL TA Preli minary Report Form -Modified (11 -17-06) Page 5
FEET TO THE BEGfNNING OF A 114.50 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURV E
THROUGH A CENTRAL ANGLE OF 23°3 1'1311
, AN ARC LENGTH OF 47.00 FEET; THENCE NON-
TANGENT TO SAID CURVE NORTH 37°14'3511 WEST A DISTANCE OF 18.05 FEET TO A POINT
ON A NON-TANGENT 96.50 FOOT RADIUS CURVE, CONCA VE NORTHERLY, A RADIAL TO
SAID POfNT BEARS SOUTH 41 °42'0211 EAST; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 58°35'1611
, AN ARC LENGTH OF 98.68 FEET;
THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'4711 WEST A DISTANCE OF 18.05
FEET TO A POINT ON A NON-TANGENT 11 4.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 16° 11 '07'' WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SA ID CURVE THROUGH A CENTRAL ANGLE OF
15°33'4411
, AN ARC LENGTH OF 3 1.10 FEET; THENCE NORTH 58°15'0911 WEST A DISTANCE OF
28.66 FEET; THENCE NORTH 31 °44'5111 EAST A DISTANCE OF 18.00 FEET; THENCE NORTH
58°15'0911 WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 3 1°44'5 111 WEST A DISTANCE
OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 47.40 FEET; THENCE
NORTH 32°43'57" EAST A DISTANCE OF 18 .03 FEET TO A POINT ON A NON-TANGENT 170.50
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO SAID POINT BEARS
SOUTH 30°42'57" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 25°33'15", AN ARC LENGTH OF 76.04 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 47°09'27" WEST A DISTANCE OF 10.89 FEET; THENCE
SOUTH 53°49'4 I" WEST A DISTANCE OF 7.25 FEET TO A POINTON A NON-TANGENT 188.50
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS
SOUTH 55°39'07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16° 15'48", AN ARC LENGTH OF 53.51 FEET; THENCE NON-
TANGENT TO SAID CURVE NORTH 74° 11 '44" EAST A DI STANCE OF 19.52 FEET TO A POINT
ON A NON-TANGENT 169.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADIAL TO
SAID POINT BEARS SOUTH 71 °39'07" WEST; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10°09'05", AN ARC LENGTH OF 29.94 FEET;
THENCE NORTH 81 °48'12" EAST A DISTANCE OF 44.47 FEET; THENCE SOUTH 42°50'3311 EAST
A DI STANCE OF 182.64 FEET; THENCE NORTH 79°52'53 " EAST A DISTANCE OF 138.90 FEET;
THENCE NORTH 25°28'51" EAST A DISTANCE OF I 05.50 FEET; THENCE NORTH 25° 13'58"
WEST A DISTANCE OF 162.00 FEET; THENCE NORTH 49°37'07" WEST A DISTANCE OF 66.86
FEET; THENCE NORTH 43°55'01" WEST A DISTANCE OF 23.09 FEET; THENCE NORTH
46°58'44" WEST A DISTANCE OF 21.48 FEET; THENCE NORTH 55°4 1 '29" WEST A DISTANCE
OF 31.04 FEET; THENCE NORTH 49°37'07" WEST A DISTANCE OF 92.65 FEET; THENCE
SOUTH 16°50'29" WEST A DISTANCE OF 142.21 FEET; THENCE NORTH 82°43'35" WEST A
DISTANCE OF 47.25 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 13.67 FEET;
THENCE NORTH 82°43'35" WEST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'2511
EAST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 18.00
FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 105.60 FEET TO THE BEGINNING OF
A 2 10.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'45", AN ARC LENGTH OF
92.38 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 59°37'20" WEST A DISTANCE
OF 18.01 FEET TO A POINT ON A NON-TANGENT228.50 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 57°44'2911 WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18°10'58", AN ARC LENGTH OF 72.5 1 FEET TO THE BEGINNING OF A 7.50 FOOT RADfUS
COMPOUND CURVE, CONCA VE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH
39°33'3 1" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 98°21 '39", AN ARC LENGTH OF 12.88 FEET TO THE TRUE POINT OF
BEGfNNING.