HomeMy WebLinkAboutCT 15-07; Shea Homes Limited Partnership; 2023-0315904; 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# 2023-0315904
1 llllll 1111111111111111111111111 11111111111111111111111111111111111111
Nov 14, 2023 10:15 AM
OFFICIAL RECORDS
JORD/\N Z MARKS
SAN DIEGO COUNTY RECIJRDEf~
FEES. $0 00 (S82 Atkins. $0 00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
----f <--PROJECT ID:
PROJECT NAME:
212-272-01-00 ; 212-272-02-
00 ; 212-272-03-00; 212-272-
04-00 ; 212-272-05-00; 212-
272-06-00 ; 212-272-07-00
CT 15-07
Ocean View Point
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 534-6A) and
improvement plan (DWG 534-6) for development to occur on the property more particularly
described as (see attached, Exhibit "A"), I/We, Shea Homes Limited Partnership, 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 takin g of property, directly or indirectly caused by the diversion of waters, the
alteration of the normal flow of surface waters or drainage, or th e 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 shal l 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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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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IN WlhJNESS WHEREOF, the undersigned has executed this instrum ent this l1_ day of oc.-~w . 20:ri.
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By:
RON KEMP
Senior Assistant City Attorney
City of Carlsbad
OWNER(S)
SHEA HOMES LIMITED PARTNERSHIP, a California
limited partnership
By ~~~
John B. Vance -Assistant Secretary
(Print Name and Title)
Date:
By:
~Here)
Jordan Selva -Authorized Agent
(Print Name and Title)
Date: /0/,;2 . .3fty
~ '
(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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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:
LOTS 1 THROUGH 7, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. CT 02-06, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
16265, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 27, 201S:----
APN: 212-272-01-00, APN: 212-272-02-00, APN : 212-272-03-00, APN: 212-272-04-00, APN: 212-272-05-00,212-
272-06-00,212-272-07-00
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identtty of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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.
HELEN A. ANAYA-RIOUX
Notary Public • California
San Diego County f
f Commission /I 2327754 -
,. My Comm. Expires May 19, 2024
Place Natary 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.
OPTIONAL ---f---------1+---'-----
Compfeting this information can deter a/terati of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: __________________________ _
DocumentDate: _____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capacity(les) Claimed 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 o Attorney In Fact o Individual o Attorney In Fact
o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator
D Other: D Other:
Signer Is Representing: _________ _ Signer Is Representing: ________ _
()2019 National Notary Association
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