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Home My WebLink AboutCT 98-12; Loma Verde Inc; 2001-0488622; Hold Harmless Agreement/Release\ , .?, ,nmcsi # 2001--‘)48&22 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 g%+RJL 16 t 2001 2:46 PM = 2 llYllllllllllllll~lliHIIMIIIIIIIIIIMHH(UII 2001-0488622 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 GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 388-4A) and improvement plans (Dwg. No. 388-4) for development to occur on property described as (see Exhibit “A”) more particularly described as (APN No. 205-220-42,43,45), 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. . 8203 It is agreed that the above owners will maintain all slopes and landscaping in a manner 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 day of GUY& 7 !3-- ,20fi. PROPERTY OWNERS Loma Verde, Inc., a California corporation, dba &cifiwe Homm q /‘- (sign here) t / Bcfws /w. ftzxoId,tias p&s% (print name and title) Date: & / 7 /a, (print name and title) Date: o/-l 24 (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.) Exhibit “A” 8204 . LEGAL DESCRIPTION THE LAND REFERREDTO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: . PARCEL 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 DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID TRACT 245, DISTANT ‘l-HEREON SOUTH 28”39’00” EAST 287.10 FEET FROM THE MOST WESTERLY CORNER OF SAID TRACT 245; THENCE NORTH 61”21’00” EAST PARALLEL WITH 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 SOUTHEAS TERLY PROLONGATION THEREON SOUTH 28”39’00” 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 mCT 245; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 245, NORTH 28°39’OO” WEST, 6 17.10 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHWESTERLY 140.00 FEET OF THE SOUTHWESTERLY 162.00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF HIGHLAND STREET, NOW KNOWN AS HIGHLAND DRIVE, WITH THE NORTHERLY LINE OF MAGNOLIA AVENUE; THENCE NORTH 28°39’OO” WEST, ALONG SAID EASTERLY LINE OF HIGHLAND STREET, 135.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CO NTINUTNG NORTH 28”39’00” WEST ALONG SAID EASTERLY LINE 3 17.10 FEET; THENCE NORTH 61 021’OO” EAST PARALLEL WITH THE NORTHERLY LINE OF SAID MAGNOLIA AVENUE, 150.00 FEET; THENCE SOUTH 28°39’OO” EAST PARALLEL WITH SAID EASTERLY LINE 317.10 FEET, THENCE SOUTH 61°21’OO” WEST PARALLEL WlTH 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. 8205 PARCEL B: THE SOUTHWESTERLY 374.88 FEET OF THE SOUTHEASTERLY 111.73 FEET OF THAT PGRTION OF TRACT 245 OF THUM LANDS, IN THE Cl’T’Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAF THEREOF NO. 1681, FILED IN THE OFFICE Ol+ THE COUNTY RECORDER OF SAID 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 LINE OF SAID VALLEY STREET AND MAGNOLIA AVEm, THENCE CO NTXNUING ALONG.SAlD 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 61’21’ WEST ALONG THE SOUTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID SPENCER AND ALONG THE SOUTHEASTERLY LINES OF THE LAND CONVEYED TO WM. M. KOLF AND FLORA E. KOLF 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 SAJD T&la 245 CONVEYED TO J. A. HINRICHER AND IDA M. HINRICHER 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 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 O21’ EAST 779.75 FEET TO THE POINT OF BEGINNING. . PARCEL Bl- AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER A STRIP 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 MAP 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 STRIF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL B DESCRIBED ABOVE; THENCE ALONG THE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL B, NORTH 61”2 1’ EAST 374.87 FEET TO THE SOUTHWEST LINE OF SAID VALLEY STREET. 8206 PARCEL c: 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 lN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGG 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 SAJD VALLEY STREET AND MAGNOLIA AVENUE, THENCE CO NTKNUTNG ALONG SAID CENTER LINE OF VALLEY STREET, NORTH 28O39’ WEST, A DISTANCE OF 218.0 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF SAID TRACT 243 CONVEYED TO ILASPENCER 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 SOUTHEASTERLY LINES OF THE LAND CONVEYED TO WILLIAM 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. MC CULLOCH AND MYRTLE MC CULLOCH BY DEED DATED DECEMBER 9,192s AND RECORDED IN BOOK 1121, PAGE 427 OF DEEDS AND ALONG THE SOUTHWES TERLY PROLONGATION OF THE SOUTHEAS TERLYLINEOF SAID MC CULLOCH’S LAND, 779.75 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THAT PORTION OF SAID TRACT 245, CONVEYED To J. A. HJNRICHER AND IDA M. HINRICHER 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 HATTIE L. PUTNEY BY DEED DATED SEPTEMBER 21, 1927 AND RECORDED IN BOOK 1393, PAGE 253 OF DEEDS, 218.0 FEET, THENCE NORTH 61O21’ MST 779.75 FEET To THE POINT OF BEGINNING. SAVING AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED M DEED EXECUTED BY THE SOUTHEASTERN CALIFORNIA ASSOCIATION OF SEVENTH-DAY ADVENTISTS IN FAVOR OF LUIS AGUILERA GOITIA AND GLORIA AGUILERA GOlTIA, RECORDED FEBRUARY 25,197l AS FILE NO. 35306 OF OFFICIAL RECORDS OF SAN DlEGO COUNTY RECORDS. . 8207 CALIFONIA ALL-PURPOSE ACKNOWLEDGMENT xP”\-/ ” izi -“i-J J\-s”>AP”“2-‘-.‘-v~ x/x,-4\ \.r”-b-i\-.’ b-%?,-” “-b-i iru-“‘“~vdu-“““-.w~-~“-/.^d “Pi ----k-i.. ‘-;,,~“-‘~~~~i~~l~~~~~ ;.;7 ;“r$y‘“&&>~~~;;:” ., .~ z-2 y z,‘- J 5:; >5yfA 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. SEAL. . , THOUGH THE INFORMATION BELOW IS NOT REQUEREJ BY LAW, IT MAY PROVE VALUABLE TO PERSONS RELYING ON THE DOCUMENT AND COULD PREVENT FRAUDULENT REMOVAL AND REATTACHMENT OF THE FORM TO ANOTHER DOCUMENT. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT: HOLD HARMLESS AGREEEMENT GEOLOGICAL FAILURE DOCUMENT DATE: June 7.2001 NUMBER OF PAGES: 5 SIGNER(S) OTHER THAN NAMED ABOVE: - CAPACITYQES) CLAIMED BY SIGNER(S): SIGNER’S NAME: DENNIS. FERDIG AND RUBEN M. CARRILLO 0 INDIVIDUAL q CORPORATE OFFICER TITLE(S): VICE PRESIDENT 0 PARTNER--o LIMITED 0 GENERAL 0 ATTORNER-IN-FACT 0 TRUSTEE 0 GUARDIAN OF CONSEVATOR 0 OTHER: - SIGNER IS REPRESENTING: LOMA VERDE, INC.