The URL can be used to link to this page

Home My WebLink AboutSDP 00-07; Nagle, Timothy & Conway, John; 2001-0361999; Hold Harmless Agreement/Release6 41 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. I 4317 DOC # 2001-0361999 JUN 049 2001 xl:14 AM OFFICICY REam ~~~~~ Fb: ’ 15.00 Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 155-120-54-00 PROJECT NO. & NAME: SDP 00-07 Pio Pica Office Building HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 391-5A) for development to occur on property described (see Exhibit V”), We, Timothy E. Nagle and John D. Conway, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a MasierslForrnslHold Harmless Agt Drainage 1 :p Rev. 12/08198 xc 1 4318 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 22 ci dayof fl&ccb 30 O\ -- PROPERTY OWNERS Timothy E. Nagle and John D. Conway By: - (Sign Here) -\‘;;^v-p-.- 1s. JAwW4~Q \ cbn ~~tmaCt\‘id i/ham (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.) I MastersfFormfHold Harmless Agt Drainage Rev. 1z/oa/g8 4319 State of California County of San Diego > On before me, hdi K Schma/tz (Name, Title of Officer)’ - personally appeared (Name[s] of Signer[s]) ~ l personally known to me -OR - l Sry evraence’) to be the person \ 6 whose name o-- P ) is subscribed to the within instrument and acknowledged to me tha executed the same in authorized capacity(i f ), and that b @=+=+ h signature Isl on the instrument the person(s), or entity upon behalf of which the person acted, executed the instrument. (This area for official notary seal) Title or Type of Document Date Document I Signer(s) other than named ab:ve . MasterslFormslHold Harmless Agt Drainage 3 Rev. 1 Z/08/98 ,’ 4320 EXHIBIT “A” That portion of Lot 4 in Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official plat thereof, described as follows: Commencing at the Southeast corner of said Lot 4, running thence North along the East line thereof, 273.55 feet to the Northeasterly comer of the land described in deed to Jackson P. Nicholson and Bertha M. Nicholson, husband and wife, filed in the Office of the County Recorder of San Diego County, June 27, 1947 as Document No. 66418; thence continuing along said East line of said Lot 4, 386.28 feet, more or less, to the center line of Road Survey No. 316; thence along said center line North 89O25'51" West (North 89O58'27" West, deed) 160.28 feet to the Northeast corner of land described in deed to Henry C. Sauer, et ux, recorded in Book 2359, Page 61 of Official Records; thence South O0°36f39ff West (South OO"041031 West. deed) 30.00 feet to the Southerly right of way line of Las Flores Drive; thence continuing South OO"36'39" West 226.00 feet to the TRUE POINT OF BEGINNING; thence North 89O25'51" West 99.72 feet to a point on the Northeasterly right of way line of the San Diego Freeway (XI-SD-5); thence along said right of way line South 12°40116" East 8.98 feet; thence South 21O40'16" East 121.11 feet; thence leaving said right of way line South 89O21'23" East 153.00 feet to a point on the Westerly right of way line of Pio Pica; thence along said right of way line Worth Ol"58'30" East 97.44 feet; thence North OO"3214311 East 23.64 feet to a point on said right of way line that is South 89025'511' East 103.58 feet from the TRUE POINT OF BEGINNING; thence .North 89O25'51" West , 103.58 feet to the TRUB POINT OF BEGINNING. APR, -ll'Dl(WED) 09:37 ESCROW TRANSFERS ” RE&DlNG REQlrESTED BY: When Recorded Mail Docurnem To: Tim Nagk 135 Lhvool Drive. Suite D Cardiff, CA 92007 TEL:760 729 5900 APN: 7 58-l 20.64-00 SPACE ABDVE THLS UNE MR RECORDER’S USE POWER OF ATTORNEY - SPECIAL KNDW AU MEN BY THESE PRESENTS that &fB% m-‘&S (have) made, oUIStitUted and appointed, and by these presents doas hereby make, constitute and aPDht Tim Nod% my(DUr) true and lawful Attornev(ies) for ~&IS) and in my(our) name, place and mad to ask, demand. sue for, recover. colltcr and ncelve all such sums of money, debts, dues, accounte, legacies, bequests. interests. dividends, annuities, and demands wh&soever as are now or shall hereafter become due, owing, payable, Or belOn&l KO the undersigned; and have, use. and take all lawful ways .&lo meens m The name Of the WdersiQntd, or OtfWwise, for the recovery thereof, by legal grr~e%%, and to compromise and agree for the same, and Qfaht eCqUimnCe or Other sufficient dkoherges for the same, for the undersignea, end in the name of the undersigned to make, seal. and deliver the same; to cornpromiSe any and all debts owing by the undersigned. and to convey, transfer. and/or assign any property of any kind or char&Xer belonging to the undersigned in setkfaction of any debt owing by us or either Of us; ta bargain, contract agree for, purchase, receive, and take lands, tenements. hereditamems. and accept rhe seisin and possession of all lands, and al1 deeds, and other assurance4 in the law therefor; and to lease, let, demise, bargain. sell, remise, release, convey, mortoage. convey in trust, and hvpothecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants a6 said attorney shall think frt: ro exchange real or personal property fof other real or personal properry, and to execute and deliver the necessary insuumants of uansfer or conveyance to consummate such c%che!?go; m execute and ddier subordination agreements subordlnacing any Uen, encumbrance or odder right in real or personal property fo any other lien, encumbrance, or other right therein; also to bargain and agree for, buy, sell, mofrgagt. hypethccare, convey in trust or otherwise. and in any and every way and manner deal in and with goods, wares and merchandise. chasts in action. and orher property in possession or in action, including authority to utilire my eligibility for V A Guam-w; slS0 t0 transfer, assign, and deliver srock and the certfficatt or centficates evidencing the ownership af the some; and KO make, do, and transect all and every kind of business of what nature and kind soever: and, also, for the undersigned and In tne name(o) and as the act and deed of the undersigned, re sign, seal, execute, deliver, and a&nOwledfW such deeds, oovenbnrg, leases, indentures, agreements, mangages, deeds of trust, hypomecations. assignmoms. bonomrirs, chsner parties. bills of lading, bills, bonds, now, receipts, evidences of debts, releases. and SatisfacrionS of mortgage. judgemeti and other debts, and such O#IM instruments in writing, of whatever kind of nature, as may be reasonable, advisable, neceswy or proper in the premises. Each and ail of the powers herein granted shall bs exercised by said Attorney as to the following descnid property only: (Commonly known as Pi0 pica D&e/ AFN 156-l 20-64-00, Carlsbad. CA 92008) That portion of Lot Q, Section 31, Township t 1 Soufh, Range 4 West, San &mar&o f&ridian, in we City of Car&bad, COuntV of San Diego. State of California. according to the Official plar thereof; AS MORE PARTICUVIRLY DESCRl6ED ON EXHlBtT *A” ATTACHED HERETO AND MADE A PART HEREOF. uo-318 mev. 9:sr)) PDWER OF ATTORNEY-SPECIAL APR. - 11’ 0 1 (WED) 09 : 37 ESCROW TRANSFERS TEL:760 729 5900 P. 003 - ---- ,- .-,- -_ c_ 1 Apt& 166-120-64-00 GMNG AND G~A~lNG WI~O said attorney full power and author@ 10 do and garform all and every act snd fiing whawev~ Wuids and ncc=sdry to be done in and about the P~O~~SCS, as Wry to all inrents and purl.rosa~ as the UndsrsignCd might Or could do if personally prgs8nt, me udersigned her&y e~p~~s)y rhfying end confirming a11 th&t said Attorney shall IaWultv do or cause to be done by virtue of these ~~EWWIIS. Dated: Octobtr 11,200O per~~ftally apprswd perso~l~y known to mQ (or proved to me on the bs& QI Wistectory evi~~~~) 10 be the p~rm~(s) whost name@) is/are srlbsuibrd to 1h0 within instrument and acknowlrdged to me that k/she/they exearted the ssmt in hkW?Wthcir hRhorized CapacityW), and that by hislherltheir signntufe($l on the inbtroment tk person($L or the entity upon behalf of whioh the persmb1 sew& mawted the instrument. uD44 (Rhv. 9/34l POWER OI AtrORNEY.SPECIAL