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Home My WebLink AboutCT 00-05; Loma Verde Inc; 2001-0488616; Hold Harmless Agreement/Release~'llOC~~# 2001-0488616 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ~ JUL. EL&r 2OQl 2~45 PM flf?miLRnxRes F ~~~~~~ FiEs: ’ 19.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 205-220-l 2-00 PROJECT NO. & NAME: CT 00-05 Magnolia Gardens II HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 388-4A) for development to occur on property described as (see Exhibit “A”) more particularly described as (APN No. 205-220-12-00), and other good and valuable consideration, receipt of which is hereby acknowledged, 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 any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done 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. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner Maslers/FcmWHold Harmless A@ Geolopical Failure Rev. 12/08/98 . 1 8187 to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 7% day of JurU& ,204-L. PROPERTY OWNERS Loma Verde, Inc., a California corporation, dba Pacifiq.@ne Homes . By: ‘! 3 ‘(sign here) ’ c I mww fvt (print name and title) i=icRi)/A VlU Pas* APPROVED AS TO FORM: RONAL&. BALL Date: h/q 4 (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.) I 2 MastersfFormIHold Hamless Agt Geological Failure Rev. 12/om Exhibit “A” 8188 LEGAL DESCRIPTION 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 6 I”2 1’ 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 lN 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. HJNRJCHER BY DEED DATED NOVEMBER 23,1927 AND RECORDED IN BOOK 1435, PAGE 39 OF DEEDS; THENCE SOUTH 28”39’ EAST ALONG THE NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID HINRICHERS 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 21, 1927 AND RECORDED IN BOOK 1393, PAGE 253 OF DEEDS 218.0 FEET; THENCE NORTH 6 lo2 1’ EAST 779.75 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 111.73 FEET. 8189 CALIFONIA ALL-PURPOSE ACKNOWLEDGMENT *z-r x” \-,-. -> \I-\ vv”?^/-“~~” * \‘“vSrlV~~/L~~“? vJ\^ <Q-J.. ~/X,X -d-“-P. -.,^s\‘\-v .~wv-“v”--v-” , T,/,&,+A-#“,,A,+<, -,~~~~~~.~~~~~~~~~~~“‘~ J\n _d 4,. _” ” * . , , ~ ,;~,;=‘:;.$>& 5.5. “>$,$$& 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. OPTINhf, THOUGH THE INFORMATION BELOW IS NOT BEQIJBBED BY LAW, IT MAY PROVE VALUABLE TO PERSONS RELYING ON THE DOCUMENT AND COULD PREVENT FRAUDULENT REMOVAL AND BBA’I-TACHMFINT OF THIS FORM TO ANOTHER DOCUMENT DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE \) P# 205-220-12-00 CT 00-05 5 \, DOCUMENT DATE: June 7.2001 NUMBER OF PAGES: 2 .\ )5 ? 0 SIGNER(S) OTHER THAN NAMED ABOVE: ___ s$ CAPACITY(IES) CLAIMED BY SIGNER(S): >b h s.1 SIGNER’S NAME: DENNIS . FERDIG AND RUBEN M. CARRILLO 0 INDIVIDUAL ‘, i8 CORPORATE OFFICER - .: .1 TITLE(S): VICE 0 PARTNER-O LIMlTED 0 GENERAL ;;5 0 AlTORNER-IN-FACT ,:: ” 0 TRUSTEE i TmyRAN OF CONSEVATOR ‘. i ‘> SIGNER IS REPRESENTING: :, ,; _‘, .< ,I ,) I 2’ / LOMA VERDE, INC. >: : :; i ), ‘h :j $ :,j ,’ CONSENT TO ACTION OF 819o THE BOARD OF DIRECTORS OF LOMA VERDE, INC. The undersigned, all of the duly elected and acting directors of LOMA VERDE, INC., a California Corporation acting in accordance with the Bylaws of the Company and Section 307 (b) of the California Corporations Code, consent to the adoption of the following resolutions, said resolutions to have the same force and effect as if unanimously adopted at a duly held meeting of the Board of Directors. RESOLVED, that Jason B. Khoury, as President of this corporation, or Dennis M. Ferdig, as Vice President of this corporation, or Ruben M. Carrillo, as Vice President of this corporation, be and said offkers hereby are authorized and directed, to act alone, in the name of and on behalf of Loma Verde, Inc., a California corporation, to execute any and all documents necessary to record a final subdivision map for the property known as Magnolia Gardens, CT 00-05, and more specifically known as Parcel 205-220-12 located in the County of San Diego, State of California, and accomplish the foregoing without further act or specific resolution of the Board of Directors. RESOLVED FURTHER, that any action heretofore taken and any instruments, documents and agreements heretofore executed by said offker shall be and the same hereby are ratified, approved and confirmed.