HomeMy WebLinkAboutMS 2021-0004; RREG Investments Series LLC Series I041; 2023-0077278; Hold Harmless Agreement/Releasetp
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Cieri<
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2023-0077278
1111111111111111111111 iill 1111111111111111111111111111111 IIIII IIII IIII
Mar 27, 2023 09:44 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-240-08-00 PROJECT ID: _M_;_;_S...:.2c...02..c.1...:.-0..c.O...:.O..c.4 ____ _
PROJECT NAME: Acacia Beach Homes
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 537-8A) and
improvement plan (DWG 537-8) for development to occur on property more particularly
described as (see attached , Exhibit "A"), I/We, RREG Investments Series, LLC Series 1041, a
Delaware limited liability company, 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.
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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this __ i., __ day of
fj,~ , 20_2,_1, __ _
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~P ~
OWNER(S)
RREG Investments Series, LLC Series 1041 , a Delaware
limited liability company
By: -------L-lt_.,,,,. ~ct= __ _
(Sign Here)
Kevin Dunn -Managing Member
Date:
rrint Name and Title)
.. 2,, /i s, .
By: ------------------------(Sign Here)
(Print Name and Title)
Date:
Senior 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.)
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PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT "A"
LEGAL DESCRIPTION
Chicago Title Company
ORDER NO.: 00176919-996-S01-RT4
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE NORTHWESTERLY 150.00 FEET OF LOT 10 IN BLOCK "Q" OF PALISADES NO. 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924.
EXCEPTING THEREFROM THE NORTHEASTERLY 60.8 FEET.
APN 204-240-08-00
CLTA Preliminary Report Form -Modified (11/17/06) Page 3
ACKNOWLEDGMENT
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 Calif91:nia ~
County of cJlbf\ l.]L t'.{) 0
personally appeared Kt v·t)t\ ~ u n h
who proved to me on the basis of satisfactory evidence to be the person~) whose name(,s) istare
subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in
his/he-1:AReir authorized capacity~). and that by his/her,'H~eir signature(-st-on the instrument the
person~ or the entity upon behalf of which the person{s) acted, executed the instrument.
I certify under PENAL TY 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 ------"D_.L.1..<C(M~~.::,,_:__-1)~.L~,-:........;.~__,.,__ (Seal)