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Home My WebLink AboutCT 98-12; Loma Verde Inc; 2001-0488621; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 .i TICK # 2001-0488621 T ,:, +..-Ju~, : -J6 , 2001 21146 PM .: _-_.. rnICr# lEuRu4 -izy E lifmD&Rm FH6: ’ mo * 1 9 6 1~1~~~~~~~~~~~~~~~~ 2tyy -0488621 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 205-220~42,43,45 PROJECT NO. & NAME: CT 98-12 Magnolia Gardens HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 388-4A) and improvement plans (Plan No. DWG 388-4) 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 ied in this agreement. 1 Masterr/FomWHdd Harmless Agt Drainage . 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this ‘7 t4 day of zUr\l& ,2ow . PROPERTY OWNERS Loma Verde, Inc., a California corporation, dba Pacific Scene Homes (Print Name and Title) Date: (‘((7 !ao\> (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.) AS TO FORM: 33 \ \ - Deputy City Attorney I Masters/Foms!Hold Harmless Agt Drainage Rev. 12/o&98 Exhibit “A” 8198 * LEGAL DESCRIPTION THE LAND REFERRED’TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNT? OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 245 OF THUM LANDS, IN THE CD-Y 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: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID TRACT 245, DISTANT THEREON SOUTH 28°39’OO” EAST 287.10 FEET FROM THE MOST WESTERLY CORNER OF SAID TRACT 245; THENCE NORTH 61’21’00” EAST PARALLEL WlTH THE NORTHWESTERLY LINE OF SAID TRACT 245, A DISTANCE OF 402.80 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO HERBERT C. SCHULTZE, ET UX, RECORDED AUGUST 6,1959 IN BOOK 7812, PAGE 26 OF OFFICIAL RECORDS; THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID TRACT 245, BEING ALSO ALONG THE NORTHEASTERLY LINE OF SAID SCHULTZE’S LAND AND THE SOUTHEASTERLY PROLONGATION THEREON SOUTH 28”39’OO” EAST, 617.10 FEET TO THE SOUTHEASTERLY LINE OF SAID TRACT 245; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 61°21000” WEST, 402.80 FEET TO THE MOST SOUTHERLY CORNER OF SAID Tlb’iCT 245; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 245, NORTH 28°39’OO” WEST, 617.10 FEET TO THE POINT OF BEGINNlNG. EXCEPTING THEREFROM THE NORTHWESTERLY 140.00 FEET OF THE SOUTHWESTERLY 162.00 FEET. ALSO EXCEPTLNG THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF HIGHLAND STREET, NOW KNOWN AS HIGHLAND DRlVE, WITH THE NORTHERLY LINE OF MAGNOLIA A-, THENCE NORTH 28’39’00” WEST, ALONG SAID EASTERLY LINE OF HIGHLAND STREET, 135.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CO NTINUING NORTH 28°39’OO” WEST ALONG SAID EASTERLY LINE 3 17.10 FEET; THENCE NORTH 61°21’OO” EAST PARALLEL WITH THE NORTHERLY LINE OF SAID MAGNOLIA AVENUE, 150.00 FEET; THENCE SOUTH 28”39’00” EAST PARALLEL WITH SAID EASTERLY LINE 317.10 FEET; THENCE SOUTH 61”21’00” WESTPARALLEL WITH SAID NORTHERLY LINE 150.00 FEET TO THE TRUE POINT OF BEGINNING. AND ALSO EXCEPTING THEREFROM, THE SOUTHEASTERLY 135.00 FEET OF THE SOUTHWESTERLY 350.00 FEET. 8199 CEJ, B. . THE SOUTHWESTERLY 374.88 FEET OF THE SOUTHEASTERLY 111.73 FEET OF THAT PQRTION OF TRACT 245 OF THUM 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 SAID COUNTY, DECEMBER 9,1915, DESCRIBED AS FOLLOWS: BEGlNNTNG 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 LINE OF SAID VALLEY STREET AND MAGNOLIA AVENUE, THENCE CO NTINUING ALONG SAID CENTER LINE OF VALLEY STREET, NORTH 28”39’ WEST A DISTANCE OF 218.00 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 SAID COUNTY; THENCE SOUTH 61O21’ WEST ALONG THE SOUTHEASTERLY LlNE OF THE LAND SO CONVEYED TO SAID SPENCER AND ALONG THE SOUTHEASTERLY LINES OF THE LAND CONVEYED TO WM. M. KOLF AND FLORA E. KOLP BY DEED DATED FEBRUARY 18, 1927 AND RECORDED IN BOOK 1335, PAGE 121 OF DEEDS 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 MCCULLOCH’S LAND, 779.75 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THAT PORTION OF SAID TRACT 245 CONVEYED TO J. A. HINRICHER AND IDA M. HINRICHER, BY DEED DATED NOVEMBER 23, 1927 AND RECORDED JN BOOK 1435, PAGE 39 OF DEEDS; THENCE SOUTH 28’39’ EAST ALONG THE NORTHEASTERLY LlNE OF THE LAND SO CONVEYED TO SAID HINRICHER 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 218.00 FEET; THENCE NORTH 61”21’ EAST 779.75 FEET TO THE POINT OF BEGINNING. . ?MCEL B1. AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER A STRB’ OF LAND 12.00 FEET WIDE IN TRACT 245 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAI’ THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915, THE NORTHWESTERLY LINE OF SAID 12.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOSTNORTHERLY CORNER OF PARCEL B DESCRIBED ABOVE, THENCE ALONG THE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL B, NORTH 61O21’ EAST 374.87 FEET TO THE SOUTHWEST LINE OF SAID VALLEY STREET. 8200 PARCELC: . THE SOUTHEASTERLY 111.73 FEET OF THAT PORTION OF TRACT 245 OF THUM 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 DIEGC COUNTY, DECEMBER 9,1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LIN-E 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 CO NTINUING 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 243 CONVEYED TO ILA-SPENCER BY DEED DATED FEBRUARY 18, 1927 AND RECORDED IN BOOK 1335, PAGE 123 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 61”21’ WEST ALONG THE SOUTHEASTERLY LINES OF THE LAND CONVEYED TO SAID SPENCER ALONG THE SOUTI-IEASTERLY LINES OF THE LAND CONVEYED TO WILLIAM M. KOLP AND FLORA E. KOLP BY DEED DATED FEBRUARY 18, 1927 AND RECORDED IN BOOK 1335, PAGE 121 OF DEEDS, AND THE LAND CONVEYED TO EMMA C. MC CULLOCH AND MYRTLE MC CULLOCH BY DEED DATED DECEMBER 9,1925 AND RECORDED IN BOOK 1121, PAGE 427 OF DEEDS AND ALONG THE SOUTHWESTERLY PROLONGATION OF THE SO UTHEASTERLY LINE OF SAJD MC CULLOCH’S LAND, 779.75 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THAT PORTION OF SAID TRACT 245 CONVEYED ‘IO J. A. HINRICHER AND IDA M. HINRJCHER BY DEED DATED NOVEMBER 23, 1927 AND RECORDED IN BOOK 1435, PAGE 39 OF DEEDS; THENCE SOUTH 28”59’ EAST ALONG THE NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID HINRICHER 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 IN THE LAND CONVEYED TO DE. C. A. PUTNEY AND HATTlE L. PUTNEY BY DEED DATED SEFIEMBER 21, 1927 AND RECORDED IN BOOK 1393, PAGE 253 OF DEEDS, 218.0 FEET; THENCE NORTH 61’21’ EAST 779.75 FEET TO THE POINT OF BEGlNNING. SAVING AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED lN DEED EXECUTED BY THE SOUTHEASTERN CALIFORNIA ASSOCIATION OF SEVENTH-DAY ADVENTISTS IN FAVOR OF LUIS AGUILERA GOD-IA AND GLORIA AGUILERA GOD-IA, RECORDED FEBRUARY 25,197l AS FILE NO. 35306 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY RECORDS. 8201 CALIFONIA ALL-PURPOSE ACKNOWLEDGMENT ;>;“: i”; ~~,r-~-;.,“.~~;I-‘-~, .^.A. b \ ‘_ .*- \ .j ,” -.... ,.“,,‘**-\>$*$&&$$b&&> >;-;- .:,:,~.~.-~s,~~~~~g~~:;,-;,.;.~~~;;;~~.~~~~~~:,~~~~~,--;“,~~ *‘ri,*.-V _I <““u-- ,-” ” _, ,A, “-S,~^J~I~~‘v-L, 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. ‘// 1-c :’ ? D WITNESS MY HAND AND OFFICIAL SEAL. 4 ,$ ‘i OPTINAL THOUGH THE INFORMATION BELOW IS NOT REQIJERFD BY LAW, IT MAY PROVE VALUABLE TO PERSONS RELYING ON THE DOCUMEKT AND COULD PREVJZNT FRAUDULENT REMOVAL AND REATTACHMENT OF THIS FORM TO ANOTHER DOCUMENT. DESCRIPTION OF ATTACHED DOCUMENT TlTLE OR TYPE OF DOCUMENT: HOLD HARMLESS AGRBEEMENT DRAINAGE DOCUMENT DATE: June 7.200 1 NUMBER OF PAGES: i. SIGNER(S) OTHER THAN NAMED ABOVE: - CAPACITY(IBS) CLAIMED BY SIGNER(S): SIGNER’S NAME: DENNIS FERDIG AND RUBEN M. CARRILLO 0 INDIVIDUAL @ CORPORATE OFFICER TITLE(S): VICE PRESIDENT 0 PARTNER--n LIMITED 0 GENERAL 0 AlTORNER-IN-FACT 0 TRUSTEE 0 GUARDIAN OF CONSEVATOR 0 OTHER: __ SIGNBR IS REPRESENTING: LOMA VERDE, INC.