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Home My WebLink AboutMS 00-06; Chestnut Homes LLC; 2001-0690334; Hold Harmless Agreement/Release8,’ . I. Ii l C’ & DOC # 2001-0690334 l _ RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 BEP 25, 2001 3:38 PM oFfICI# REami SAlI DIE60 WtlTY RECMDER’S OFFICE : 13676 -ilkF’ !YIEoRmwmER 1911191111l1111111RIl111111 2001-0690334 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 206-210-0~-0~ PROJECT NO. & NAME: MS 00-06 Chestnut Homes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 392-7A) for development to occur on property described as (see attached Exhibit “A”), We, Chestnut Homes, Limited Liability Company, a California limited liability company, 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 specified in this agreement. Masters/Forms/Hold Harrhss Agt Drainage 1 Rev. 12/08/99 13677 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 *lst day of June ,20 O1 . PROPERTY OWNERS Chestnut Homes, Limited Liabilitv Companv. a California Limited liabili tv companv r - By: (Sign Here) Loran Winans, Managing Member (Print Name and Title) Date: Jups21. 20&U, By: - (Sign Here) c R. R. Robinson, Member (Print Name and Title) Date: June 20, 2001 (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.) Dep&y City Attorney I Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98 EXHIBIT “A” 13678 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED TN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 240 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: BEGINNTNG AT THE INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND THE CENTER LINE OF CHESTNUT AVENUE AS SHOWN ON SAID MA.P NO. 1681; THENCE ALONG SAID CENTER LINE OF CHESTNUT AVENUE SOUTH 61’21’ WEST 443 FEET; THENCE SOUTH 28”39’ EAST 340.00 FEET; THENCE NORTH 61”21’ EAST 203.00 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO J.M.E. BROWN AND WIFE, RECORDED MARCH 12,1948, IN BOOK 2709, PAGE 95 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BROWN’S LAND NORTH 28’39’ WEST 137.00 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND NORTH 61”21’ EAST 84.37 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO GERALDINE S. MAGEE, RECORDED MARCH 29, 1955 AS FILE NO. 41753 IN BOOK 5584, PAGE 425 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND NORTH 28’39’ WEST 79.60 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND NORTH 61’21’ EAST 155.63 FEET TO THE CENTER LINE OF HIGHLAND STREET; THENCE ALONG THE SAID CENTER LINE NORTH 28’39’ WEST 123.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND THE CENTER LINE OF CHESTNUT AVENUE AS SHOWN ON SAID MAP NO. 1681; THENCE ALONG SAID CENTER LINE OF HIGHLAND STREET SOUTH 28”39’ EAST 123.40 FEET; THENCE PARALLEL WITH SAID CEN-JER L,INE OF CHESTNUT AVENUE, SOUTH . 61°21 ’ WEST 155.63 FEMT; THENCE PARALLELTWjTH SAID CENTER LINE OF HIGHLAND : STREET NORTH 28O29’ WEST 123.40 FEET TO THECENTER LINE OF CHESTNUT AVENUE; THENCE NORTH 6 lo2 1’ EAST 155.63 FEET TO -I-HE POINT OF BEGINNING. :_ . :_. .z . . ._ . . . aso ExcEpTING 213G~ikid THAT PORTION DESCRJBED AS FOLLOWS: : .i, ..I .:. -:*:,.>:..<,> -... T.- :, ;:;- .- . ,;:. ; - ,: :~..:c.‘..:.‘- -., . .,-” . .. F., ..: .: ,. --’ .I.. ..:.. _, ,EG~G.::~~;6-:~~~~~~~~--~ i .‘. :.i-. : - _... -_ ^. CENTER-.LINE. OF.-tZkI&JT-AVENUE DISTANT ._ ~THEREON:SOUTH 61”21’.WEST -155.63 FEET FROM. THE POINT OF.lNTER!SEC&N OF THE .CENTER LINES OF-CHES-l-NU’T AVENUE AND HIGHLAND AVENUE; THENCE CONTINUING SOUTH 61”21’ WEST ALONG THE CENTER LINE OF CHESTNUT AVENUE 84.37 FEET, THENCE SOUTH 28”39’ EAST 203.0 FEET; THENCE NORTH 61”21’ EAST 84.37 FEET, THENCE NORTH 28O39’ WEST 203.0 FEET TO THE POINT OF BEGINNING. , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO d k-d/ BEFORE ME, BARBARA WOATH WOODRING NOTARY PUBLIC, PERSONALLY APPEARED LORAN WINANS 4% RR. ROBINSON PERSONALLY KNOWN TO ME OR PROVEDTO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) ISIARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT H~SH~HN MECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACXI-Y(lES), 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, EXECUTED THE INSTRUMENT. NESS MY HAND AND OFFICIAL SEAL. 1 OPTIONAL SECTION :APACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER PARTNERS(S) LIMITED GENERAL A-I-l-ORNEY IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER TITLE OR TYPE OF DOCUMENT DATE OFDOUCMENT SIGNER OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NUMBER OF PAGES