HomeMy WebLinkAboutCT 98-17; Ryland Homes of California; 2000-0331823; Hold Harmless Agreement/Release’ * 7 , . .
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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2827 DOC ii 2000-0331823
JIJN 23, 2000 8:23 AM
ofF1c1Iy RECDRDS S&4 DIEGO CWNTY REWRDER’S OFFIn: llima?Y g1TH9 lifly&&rn : . I ul~l~l~ll~l~~ll~~~~~~~~~~~ll Ill1 II III I/ Ill
SPACE ABOVE THIS LINE FOR RECORDER’S USE
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,) ~~kD HARMLESS AGREEMENT
DRAINAGE @ _,:I (, : ,I: : I, :, J :, 3-i: :e ~‘I:$ ‘-I:,/ 3, ““ / (I:,! (-:1 :. ” ;‘Z ‘I: ~ ::;,j ~/‘ ,:;fi’i, :,: ;*;g In c&&&#&&&f the City’s appim@a[:of a d&nag& tjja,, (Pia,., ~~;‘D~~ W&&A) and L (1
improvement plans (F%M No. DWG 386-2) for development to occur on property de&&bed as
the south half of$he ,&uthwest quarter of the southeast quarter of dection ‘22, ,&wr);S;hip 12 ‘5% : e,{;‘i south, range 4:~#&;~&&, Bernardino‘ base and beridian, in the ~&& of &n &,g#$!‘G&ate of
California, according to the United States government survey. ’ E%cGpting.‘theref&m the north ,( )‘I one-half of the’west one-half of the south one-half of the southwest quarter of the’&utheast ‘(
quarter of said~sectidn‘&!;! township 12 south, range 4 west. :Also excepting therefrtim a twenty
foot strip of land laying~southerly, parallel and adjacent to the south line of$he north’half of the
west half of the south half of “the south-west quarter of the south-east quarter of fractional i’ section 22, township 12 south, rangY#west San Bernardino meridian, San Diego County, State
of California, according to ,United States-go&t&m&t survey. ” We, Ryland Homes of California,
the owners of said property promise to indemnffy and to hold ‘the, City of Carlsbad, its officers,
agents and employees harmless $&+ri ‘Ii&#&$&r :injuries t&p&sons, 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
MasterslFormslHold Harmless Agt Drainage
1
Rev. V/08/98
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. 2828 I 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 owners 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 under&# ii&‘~-#asaqzuted this instrument this
day of , zQ+- “I’ ‘-I “ ,” 26 bA7
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“ By: r #-urn /’ ’ I‘ I i
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(Chairman, presidi;lit”‘isi’~~~~-president and secretary, assistant secretar$, @.F6:$ assistant
treasurer must sign for corporations. Otherwise, the corporation must attach ‘a resolution certified by the secretary or assi@tant secretary under corporate se& empowering the officer(s)
signing to bind the corporation.) ,,,’
APPROVED AS TO F&&4:
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1 Masters/Forms/Hold Harmless Agt Drainage 2
Rev. WOE/98
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . 2829 I
State of CALIFORNIA -
~Oullty Of SAN DIEGO
3n MAY 26, 2000 before me, C. HALPER, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC
oersonallyappeared GILBERT J. MILTENBERGER AND MICHAEL R. FoRsu-4
NAME(S) OF SIGNER(S)
a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
SAN DIEGO COUNTY executed the instrument.
WITNESS my han
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
xevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT
u INDIVIDUAL
q CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) r-l _ LIMITED
Cl
NUMBER OF PAGES
GENERAL
Cl ATTORNEY-IN-FACT q TRUSTEE(S) DATE OF DOCUMENT
0 GUARDIAN/CONSERVATOR
LJ OTHER:
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIlY(IESJ
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2830
CERTIFICATE OF SEC~TARY
M. Melinda Thompson, Assistant Secretary of Ryland Homes of California, Inc.
(the “Corporation”), certifies on behalf of the Corporation that Michael R, Forsum and
Brian P. McGowan are duly appointed Vice Presidents and BiIl Winston, Greg Balen and
Gil Miftenberger are duly appointed Assistant Secretaries of the Corporation and as such
each is separately authorized to execute on behalf of the Corporation land development
agreements such as Agreements, Bonds, Easements, DRE and related documents that are
binding to the Corporation.
1 have executed this Certificate on behalf and as Assistant Secretary of the
Corporation this 4 fl day of May 2000.
RYLAND HQMES OF CALIFORNIA, INC.
. Melinda Thompson
Assistant Secretary
STATE OF MARYL,A.ND
COUNTY OF HOWARD ‘F,
This Certificate of Secretary was acknowledged before me this
of May 2000 by M. Melinda Thompson as Assistant Secretary of Ryland Homes of
California, Inc., a Delaware corporation, on behalf of the Corporation.