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HomeMy WebLinkAboutCT 14-05; TMS Highland Investments LLC; 2017-0032341; 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# 2017-0032341 1111111111111111111111111111111111111111111111111111111111111111111111 Jan 20, 2017 02:10PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-280-05-00 @ 204-280-26-00 PROJECTID: _C~T~14~-0~5~---------------------- PROJECTNAME: _M~ag~n_o_lia __ T_ow_n_h_o_m_e_s ____ ___ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 490-4) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, TMS Highland Investments, 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. 1 IIFILES01V\Departments\CED\Land0ev\PROJECTSICT\CT 14\CT 14-05 Magnolia Townhomes-Bobbett\Bonds and Agreements\HOLO HARMLESS AGREEMENT ORAINAGE.doc 01125/13 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01 V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14·05 Magnolia Town homes· Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this 3rc.-f day of 0?(f1UC"~f\,/ , 20_1 _7 __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ "'oNKE Assistant City Attorney City of Carlsbad OWNER(S) TMS Highland Investments, LLC, a California limited liability company By~7~) Tony Sfreddo, Member Date: 1 znt Name and Title) I ~5 ·7 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 IIFILES01V\Departments\CEDILandDev\PROJECTS\CTICT 14\CT 14-05 Magnolia Townhomes • Bobbett\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 ) County of U(Gt(\~ 'G ) . . 31 2-01 i before me, (t,O'fllf,v,_, C, LJ)D \+~. f06i-zlry Pu.b/; G Date Here Insert Name and Title of the Officer personally appeared T0r'\L1 S ~( ecitio ~~~~~--~~~~~~~------------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,.(s)" whose name~ is/C;li'Ef subscribed Jo the within instrument and acknowledged to me that he/sRe"/tbey executed the same in his/Refltbefr authorized capacity(ies}, and that by his/h,erftj:lett signature(gy'on the instrument the person(~ or the entity upon behalf of which the person(s}-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ···················( MONICA C. WOLFE J@ Commission • 205252~ < . ~ Notary Public • California j WITNESS my hand and official seal. ~ Orange County .. J. .•• , J'JS02'T·J-t'J':'t"!:JtJ\I ~ ~-l ,--<> / / z_,_y,~ /;?_ Signature // ~~U (__ (_u;_'7<7f5.-! Signature of Notary Public Place Notary Sea/ Above 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: _______________________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ____________________________ _ 0 Other: ________________________ _ Signer Is Representing: ________ _ Signer Is Representing: _______________ ___ • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Order No. 140-1701777-32 1e estate or interest in the land hereinafter described or referred to covered by this report is: A Fee. Title to said estate or interest at the date hereof is vested in: TMS Highland Investment LLC The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows: Parcel 1: That portion of Tract No. 231, Thurn Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereofNo. 1681, filed in the Office ofthe County Recorder of San Diego County, December 9, 1915, described as follows: Beginning at the Northeast corner of said Tract 231, said point being also the intersection of the Southerly line of Magnolia Avenue with the Westerly line of Jefferson Street thence North 89° 26' West along the Southerly line of Magnolia Avenue, a distance of 157.59 feet to the true point of beginning thence South 28° 39' East 275.93 feet thence South 61 o 21' West 65.00 feet thence North 28° 39' West 312.38 feet to the Southerly line of Magnolia Avenue thence South 89° 26' East along Magnolia Avenue 74.47 feet to the true point of beginning. Parcel 2: That portion of Tract No. 231 of Thurn Lands, in the City of Carlsbad, 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: Commencing at the Northeasterly corner of said Tract 231 being also the intersection of the Southerly line of Magnolia A venue with the Southwesterly line of Jefferson Street; thence along the Northeasterly line of said Tract 231 and the Southwesterly line of Jefferson Street, South 28° 39' 00" East, 99.0 I feet to the Northeasterly corner of land described in deed to W. Leroy Pace, et ux, recorded April 3, 1953 in book 4807 page 141, as Instrument No. 45832 of Official Records; thence along the Northwesterly line of said Pace's land, South 61° 21' 00" West, 70.00 feet to the true point of beginning; thence continuing along said Northwesterly line, South 61 o 21' 00" West, 67.54 feet to an intersection with the Southwesterly line of! and described in deed to Frank Pelican, recorded November 3, 1928 in book 1544, page 290 of Official Records; thence along said Southwesterly line North 28° 39' 00" West 175.93 feet to an intersection with the Southerly boundary of said Magnolia Avenue; thence along said Southerly boundary South 89° 26' 00" East 77.39 feet, more or less, to an intersection with a line which bears North 28° 39' 00" West, from the true point of beginning; thence South 28° 39' 00" East, 138.16 feet to the true point of beginning. Assessor's Parcel Numbers(s): 1: 204-280-05 2: 204-280-26 Page 2