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Home My WebLink AboutCT 2018-0003; Magnolia A3; 2019-0306422; Hold Harmless Agreement/ReleaseI \J c\;, RECORDING 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# 2019-0306422 111111111111 lllll lllll llll 1111111111111111 lllll 11111111111111111111111 Jul 26, 2019 01 :08 PM OFFICIAL RECORDS Ernest J Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $29 00 (SB2 Atkins $0.00) PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-220-15-00 205-220-16-00 PROJECT ID: CT 2018-0003 PROJECT NAME: Magnolia Brady -~---....._ _____ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 515-3A) and improvement plan (DWG 515-3) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Magnolia A3, 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTSICnCT2018\CT2018-0003 Magnolia-Brady-Horodyski\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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. Ill Ill /II Ill Ill /II /II Ill Ill /II /II /II Ill Ill /II /II /II /II /II Ill /II 2 \IFILES01V\Departments\CED\LandDev\PROJECTS\CTICT2018\CT2018-0003 Magnolia-Brady -Horodysk1\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 '+'-' IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ -_ day of :svtJf! , 20 I, . APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~p~ Assistant City Attorney City of Carlsbad OWNER(S) MAGNOLIA A3, LLC, a California limited liability company By: :i,-(Sign Here) Benjamin Ryan, Manager (Print Name and Title) Date: 1,-1/-11 By: (Sign Here) (Print Name and Title) Date: (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\Cl\CT2018\CT2018-0003 Magnolia-Brady-Horodysk1\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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(" A, County_2! ~... 1/.,ca • ) ,r-~ / ,.,4 On V11At-V1 ld/f beforeme, J-,u ~/vf1 ~ ~'/4:, Date '2' £ere Insert Name and Title~e leer personally appeared 1.J-E/11"#/"f ,1,1/ Y"'"A/ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person.,Lar whose name(¢ is/~ subscribed to the within instrument and acknowledged to me that he/&heA~ executed the same in his/blil~4heif authorized capacity~. and that by his/berftheir signature"" on the instrument the persof\(g), or the entity upon behalf of which the person'87"acted, executed the instrument. Place Notary Seal 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. ---------------OPTIONAL--------------- Though this section is optional, 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: ______________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited □ General D Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ @2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTSICTICT2018\CT2018-0D03 Magnolia-Brady -Horodyski\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 "EXHIBIT A" LEGAL DESCRIPTION Real property in the Qty of cartsbad, County of San Diego, State of california, described as follows: PARCEL 1: (APN: PORTION 205-220-15-00) THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE DISTANT THEREON NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET TO THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING NORTH 28°39' WEST 218.44 FEET; THENCE NORTH 61 °21' EAST 186.60 FEET TO THE SOLITHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS, IN THE COUNTY RECORDER'S OFFICE; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 28°39' EAST 466.88 FEET TO THE CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61 °21' WEST 15 FEET TO A LINE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FOR SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE, NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING NORTH 61 °21' EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 61 °21' WEST 171.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 225-220-16-00) THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE DISTANT THEREOF NORTH 61°21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA AVENUE ANO HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET; THENCE NORTH 61°21' EAST 171.60 FEET TO A LINE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, THENCE ALONG SAID PARALLEL LINE SOUTH 28°39' EAST 248.44 FEET TO SAID CENTER UNE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61°21' WEST 171.60 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF TRACT 245 THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA, DISTANT THEREON NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET; THENCE NORTH 61°21' EAST 171.60 FEET TO A LINE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUN1Y AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL UNE SOUTH 28°39' EAST 248.44 FEET TO SAID CENTER LINE OF MAGNOLIA AVENUE, THENCE ALONG SAID CENTER LINE SOUTH 61°21' WEST 10 FEET TO A LINE THAT IS PARALLEL WITH AND 25 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING SOUTH 61 °21' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61°21' EAST 10 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: (APN: PORTION 205-220-15-00) THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT THEREOF NORTH 61 °21' EAST 432.8 FEET FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA AVENUE AND HIGHLAND STREET; THENCE NORTH 28°39' WEST 248.44 FEET; THENCE NORTH 61 °21' EAST 171.60 FEET TO A LINE WHICH IS PARALLEL WITH AND 15 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO ELMER CHARLES PEDLEY, ET UX, DATED JUNE 11, 1931 AND RECORDED JUNE 23, 1931 IN BOOK 1910, PAGE 173 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 2S°39' EAST 248.44 FEET TO SAID CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE SOUTH 61 °21' WEST 10 FEET TO A LINE THAT IS PARALLEL WITH AND 25 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM SAID PEDLEY'S SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 28°39' WEST 248.44 FEET TO A LINE BEARING SOUTH 61 °21' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61 °21' EAST 10 FEET TO THE TRUE POINT OF BEGINNING.