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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 11111111/lll Ulll llHr 1111111111 1111111/ll lllll lllll lllll ll/1111111111 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 1 Q:ICED\Admin\B&AIPROJECTSICT 03-02; GR2022-0032 -Carlsbad Ranch Planning Area 5-Wickman_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 . Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&AIPROJECTSICT 03-02; GR2022-0032 -Carlsbad Ranch Planning Area 5-Wickman_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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.) 3 Q:ICED\Admin\B&AIPROJECTSICT 03-02; GR2022-0032 -Carlsbad Ranch Planning Area 5-Wckman_D.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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.