The URL can be used to link to this page

Home My WebLink AboutMS 13-08; Westcal Corporation; 2014-0332277; Hold Harmless Agreement/Release5 DOC« lllllllllll 20 I 4-0332277 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY AUG 04, 2014 4:35 PM OF CARLSBAD WHEN RECORDED MAILTO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1 mill mil IIIH mil lllll liiii iini ••m iiin ••m Hill ••III ••III ••III ••111 muu iBHi 1200 Carlsbad Village Dr Carlsbad.CA. 92008 1 •••III ••III ••III ••III ••••1 •fill ••III ••III ••III lllll lllll lllll lllll lllll lllll llll llll SPACE ABOVE THIS LINE FOR RECORDER'S USE 223-250-14 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE RELATED PROJECT ID: MS 13-08 Tierra La Costa HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 481-6A) and improvement plans (DWG 481-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Westcal Corporation, a Nevada corporation, the owner(s) 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 01/25/13 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 A dayof 20_Ltt. APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Westcal Corporation, a Nevada corporation By: Henry Goertzen, President, Westcal Corporation Date: By: (print name and title) (sign here) Greg Goertzen, Secretary, Westcal Corporation Date: (print name and title) V/yi2 EMP Assistant City'Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 01/25/13 B.^LIMINARY REPORT YOUR REFERENCE: Esfera and Vemado Chicago Title Company ORDER NO.: 12202449-996-U50 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 456 OF CARLSBAD TRACT NO. 72-20 LA COSTA VALE UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT OF TO WHIPSTOCK A DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL, WATER OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE, AS RESERVED IN THE DEED FROM DAON CORPORATION, A DELAWARE CORPORATION, RECORDED JANUARY 20, 1982 AS INSTRUMENT NO. 82-016443 OF OFFICLy:. RECORDS. APN: 223-250-14 CLTA Preliniinary Report Form - Modified (11/17/06) Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEKT State of California. County of _ ^^/*y{)efore me, On personally appeared •EVEM.YJ.m»N CoiMMssion#20SK31 Noiiry PHMC • OMoniia ^ M»Cwm£Kti!l!rM.2018t '^'•''v^^'^v^p^p''ip*i'iwiwivC who provedlo me on the basis of satisfactory evidence to be the person(s) whose name(s) i^^^ubscribed to the within inglaiment and acknowiecfged to me that he/sheArt^^ecuted the same in hjg/her^fieit^luthorized capacity([les), and that by his/her^Hleir signature(s) on the instrument the person(s), or th^-«rTtity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mi/hand and official seal. Place Notary Seal Above Signature OPTIONAL - Thoagh^the Information below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacit/(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ^ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association-9350 06 Soto Ave., P.O. Box 2402 •Ctiatsworth.CA 91313-2402•www.NationalNotary.org ltem#5907 Reorder Call Toll-Fiee 1-800-876-6827 4 01/25/13