HomeMy WebLinkAboutCT 00-05; Loma Verde Inc; 2001-0488615; Hold Harmless Agreement/ReleaseDOC # 2001-0488615
‘-,-k JUL 168 2001 2=45 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 205-220-12-00
PROJECT NO. & NAME: CT 00-05
Magnolia Gardens II
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. DWG 388-4A) for
development to occur on property described as (see Exhibit “A”), We, Loma Verde, Inc., a
California corporation, dba Pacific Scene Homes, the owners 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 maint all drainage systems to insure a
MasieWFormiHold Harmless Agi Drainage
8183
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
1 assigns having an interest in all or any part of the property described herein.
I IN WITNESS WHEREOF, the undersigned has executed this instrument this 7 a
day of ac,flL ,200l.
PROPERTY OWNERS
Loma Verde, Inc.. a California corporation, dba Pacific Scene Homes
By: -p 7
(Sign Here) r /
3&NrvlJ A/L Fiumc: /4f/LL p4Aw
(Print Name and Title) ;;: uL+
(!S!gn Here) *
Pvh k tivvl b i \lU I%,& Ir
(Print Name and Title)
Date: (I!?( 6 1
(Proper notarial acknowledgment of execution by SUBDIVIDER 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.)
APPROVED AS TO FORM:
1 MasterslFomsMold Harmless Agt Drainage Rev. 12Jow99
Exhibit “A”
LEGAL DESCRIPTION
8184
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 168 1, 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 VALLEY STREET, DISTANT THEREON
NORTH 28’39’ WEST 466.88 FEET FROM THE INTERSECTION OF THE CENTER LINES OF
SAID VALLEY STREET AND MAGNOLIA AVENUE; THENCE CONTINUING ALONG SAID
CENTER LINE OF VALLEY STREET NORTH 28”39’ WEST A DISTANCE OF 218.0 FEET TO THE
MOST EASTERLY CORNER OF THAT PORTION OF SAID TRACT 245 CONVEYED TO ILA
SPENCER BY DEED DATED FEBRUARY 18, 1927 AND RECORDED IN BOOK 1335, PAGE 123
OF DEEDS, RECORDS OF SAN DIEGO CO’UNTY, THENCE SOUTH 61”21 WEST ALONG THE
SOUTHEASTERLY LINE OF SAID LAND SO CONVEYED TO SAID SPENCER AND ALONG THE SOUTHEASTERLY LINES OF THE LAND CONVEYED TO W. M. KOLP AND FLORA E.
KOLP BY DEED DATED FEBRUARY 18, 1927 AND RECORDED IN BOOK 1335, PAGE 121 OF
DEED, AND THE LAND CONVEYED TO EMMA C. MCCULLOCH AND MYRTLE MCCULLOCH
BY DEED DATED DECEMBER 9, 1925 AND RECORDED IN BOOK 1121, PAGE 427 OF DEEDS,
AND ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF
SAID MCCULLOCHS’ LAND 779.75 FEET TO INTERSECTION WITH THE EASTERLY LINE OF
THAT PORTION OF SAID TRACT 245 CONVEYED TO J. A HINRICHER AND IDA M.
HMRLCHER BY DEED DATED NOVEMBER 23,1927 AND RECORDED TN BOOK 1435, PAGE 39
OF DEEDS; THENCE SOUTH 28”39’ EAST ALONG THE NORTHEASTERLY LINE OF THE
LAND SO CONVEYED TO SAID HMRICHERS AND ALONG THE NORTHEASTERLY LINES OF
THE LAND CONVEYED TO JOHN S. REYNOLDS AND OLIVE M: REYNOLDS, BY DEED
DATED NOVEMBER 23,1927, AND RECORDED IN BOOK 1435, PAGE 41 OF DEEDS, AND THE
LAND CONVEYED TO DE. C.A. PUTNEY AND HATTIE L. PUTNEY BY DEED DATED
SEPTEMBER 2 1, 1927 AND RECORDED IN BOOK 1393, PAGE 253 OF DEEDS 2 18.0 FEET;
THENCE NORTH 61°21 ’ EAST 779.75 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHEASTERLY 111.73 FEET.
_ -
1 .
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8185
CALIFONIA ALL-PURPOSE ACKNOWLEDGMENT ,-.%-ci,“>-,-- \rv- \r. :-:“;q~*~- <lW”. i”iV.“Zl\“i”\ ~~---~~~-~~.~~-,~~sr,i.-iiv~-~~-~. -v”~J-.v”J<“-r-<:J ,‘-Jvvu “W ~v~~-~~*~,~<~-~~.~,-” d-u-.T-J\“/4i^iM*‘~,- / “-b, < Sd\I\S ,iiv’V s-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON June 7.2001 BEFORE ME, JUAN J. LARA - NOTARY PUBLIC,
PERSONALLY APPERED DENNIS M. FERDIG - VICE PRESIDENT AND RUBEN M.
CARRILLO - VICE PRESIDENT,
q PERSONALLY KNOWN TO ME - OR - q PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN
THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT
THE PERSONS, OR THE ENTITY UPON BEHALF OF THE PERSONS ACTED, EXECUTED THE
INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
OPTbhL
THOUGH THE INFORMATION BELOW IS NOT REQUBFUZD BY LAW, IT MAY PROVE VALUABLE TO PERSONS RELYING ON THE !XXUMBNT
AND COULLI PREVENT FRAUDULENT REMOVAL AND REATTACHMENT OF THIS FORM TO ANOTHER DOCUMENT
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT: H[
DOCUh4ENT DATE: June 7.2001 NUMBER OF PAGES: 3
SIGNER(S) OTHER THAN NAMED ABOVE: -
CAPAClTY(IES) CLAIMED BY SIGNER(S):
SIGNER’S NAME: Dl
0 lNDMDUAL q CORPORATE OFFICER TITLE(S): VICE PRESIDENT
0 PARTNER-0 LIMITED 0 GENERAL 0 ATTORNER-IN-FACT
0 TRUSTEE g yURAN OF CONSEVATOR
: ,
SIGNER IS REPRESENTING: /
LOMA VERDE, INC. 3 ,~i, :$