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Home My WebLink AboutPD 2023-0021; TMG Carlsbad Apartments LLC; 2023-0285589; 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# 2023-0285589 I llllll lllll lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Oct 19, 2023 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-030-64-00 -----------PROJECT ID: PD 2023-0021 ~~ PROJECT NAME: The Bluffs Slope Repair HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 544-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, TMG Carlsbad Apartments LLC., a California 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Q:\CED\Admin\B&A\PROJECTS\PD 2023-0021: GR2023-0032. The Bluffs Slope Repair_D.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 /II /II /II /II /II Ill /II /II Ill /II Ill Ill /II /II Ill Ill /II /II /II /II 2 Q:ICED\Admln\B&AIPROJECTS\PD 2023-0021 ; GR2023-0032 • The Bluffs Slope Repair_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ..,,., l~mss WHEREOF, the undersigned has executed this instrument this .1!._ day of r . 2013. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~fJf OWNER(S) TMG CARLSBAD APARTMENTS LLC., a California limited liability company By: ALTAMONT INVESTOR LLC., a Delaware limited liability company Its Member By: TRIUMPH PROPERTIES GROUP LLC., a California limited liability company Its Manager (Sign Here) Steven Feder -Manager (Print Name and Title) Date: (0 {tt/9-~ 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.) 3 Q:ICED\Admin\B&A\PROJECTS\PO 2023--0021; GR202~0032 -The Bluffs Slope Repair_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION 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: THOSE PORTIONS OF LOTS 3, 4, AND 5 IN SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY TERMINUS OF THE CENTER LINE OF MARRON ROAD AS SHOWN AT PAGE 184 OF PARCEL MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 9, 1970; THENCE NORTH 81 °06'26" EAST, 438.03 FEET TO THE MOST NORTHERLY, NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO LARWIN SAN DIEGO, INC., RECORDED DECEMBER 29, 1972 AS FILE/PAGE NO. 347021 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 04°19'29" EAST, 64.71 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD (NOW BEING PORTIONS OF MARRON ROAD AND AVENIDA DE ANITA} RECORDED MAY 29, 1973 AS FILE/PAGE NO. 73-144266 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 1042.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 09°14'51" EAST TO SAID POINT, AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID LAND OF THE CITY OF CARLSBAD, AS FOLLOWS: EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15'09" A DISTANCE OF 77.34 FEET; TANGENT TO SAID CURVE NORTH 76°30'00" EAST 199.96 FEET TO THE BEGINNING OF A TANGENT 958.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°36'26" A DISTANCE OF 77.03 FEET; TANGENT TO SAID CURVE NORTH 81°06'26" EAST 422.40 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 39.27 FEET; TANGENT TO SAID CURVE SOUTH 08°53'34" EAST, 15.00 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°49'46" A DISTANCE OF 87.61 FEET; AND TANGENT TO SAID CURVE SOUTH 32°56'12" WEST, 154.58 FEET TO THE BEGINNING OF A TANGENT 440.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT 72-21 UNIT 1, ACCORDING TO MAP THEREOF NO. 7651 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 31 , 1973; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID MAP NO. 7651 AS FOLLOWS: SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°57'10" A DISTANCE OF 99.47 FEET; TANGENT TO SAID CURVE SOUTH 45°53'22" WEST 403.09 FEET TO THE BEGINNING OF A TANGENT 280.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79°31 '28" A DISTANCE OF 388.63 FEET TO THE NORTHWESTERLY BOUNDARY OF RANCHO AGUE HEDIONDA, AS SHOWN ON SAID MAP NO. 7651; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 32° 56' 12" WEST 199.50 FEET THENCE LEAVING SAID MAP NO. 7651 BOUNDARY NORTH 29° 17'40" EAST 279.33 FEET TO THE MOST NORTHERLY BOUNDARY CORNER OF PARCEL 2 OF PARCEL MAP NO. 8586 AND THAT BOUNDARY LINE OF THE AFOREMENTIONED TRACT 72-21 UNIT 1, THENCE ALONG THE BOUNDARY LINE OF TRACT 72-21 UNIT 1 NORTH 4° 19'29" WEST 746.34 FEET TO THE TRUE POINT OF BEGINNING. APN: 167-030-64-00 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public orotherofficer completing this certificate verifies only the identity oflhe Individual who signed the document to whkh this certificate ls attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Lor; A~P le s Jennine H. Garcia, Notary Public On JO-/ / -2 0 before me, ________________ _ Date \ Here Insert Name and Title of the Officer personally appeared ____ $.,...._i~€,)~\)~-Q_~'(\~-t~1W~~e,,"""-L[ ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les). and that by his/her/their slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. ········~ JENNINE H. GARCIA Notary Pubilc -California z LOI A1gele1 County i COC'C,ISSJOn ~ 2354592 - y Corr,,,. Expires Apr 16, 2025 Place Notary Seal and/or Stamp Above 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. OPTIONA.i::--L----------------, Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: ho[Nl lee& ~yeem:eal , DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Clalmed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner - o Limited o General o Partner -o Limited o General o Individual □ Attorney In Fact o Individual □ Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ C>2019 National Notary Association 4 Q:\CED\Admln\S&AIPROJECTSIPD 2023-0021; GR2023-0032 -The Bluffs Slope Repair_O.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113