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HomeMy WebLinkAboutMS 13-08; Westcal Corporation; 2014-0332278; Hold Harmless Agreement/Releasesf DQCtt 20 I 4-0332278 llllllllllllllllllllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY AUG 04. 2014 4:35 PM OFCARLSBAD WHEN RECORDED MAILTO: OFFICIAL RECORDS SAN DIEGG COUNTY RECORDER'S OFFICE Emest J. Dionenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 5 CITY OF CARLSBAD lllllllllllllllllllilllllllllllllllli 1200 Carlsbad Village Dr. lllllllllllllllllllilllllllllllllllli Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 223-250-14 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 13-08 Tierra La Costa HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 481-6A ) for development to occur on property more particularly described as (see attached. Exhibit "A"), 1/We, Westcal Corporation, 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. Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-08 Tierra La Costa - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-6A) doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-08 Tien-a La Costa - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-6A).doc IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 20_ia- OWNER(S) Westcal Corporation, a Nevada corporation (Sign Here) Henry Goertzen, President, Westcal Corporation (Print Name and Title) (Sign Here) Greg Goertzen, Secretary, Westcal Corporation Date: (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Attorney (Proper notarial acknowledgment of execution by owner(s) 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 toH^ind the corporation.) Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-08 Tierra La Costa - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-6A) doc 01/25/13 P?CELIMINARY REPORT YOUR REFERENCE: Esfera and Vemado Chicago Title Company ORDERNO.: 12202449-996-U50 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF GALIFORNLS, AND IS DESCRIBED AS FOLLOWS: LOT 456 OF CARLSBAD TRACT NO. 72-20 LA COSTA VALE UNIT NO. 3, IN THE CITY OF GARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO GOUNTY. 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 OFFICIAL RECORDS. APN: 223-250-14 CLTA Preliminary Report Form - Modified (11/17/06) Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On ^-/H^-"^^, Zi)l^before,me J iEvcm.Yj.mMi GoilMiUiW# 2059231 iBW^B NolvyPuMe-eiHlomia TSiDy SMlMooCounty ^ My W faylfH My 22.20181 1 who proved fo me on the basis of satisfactory evidence to be the person(s) whose name(s) i^re>ubscribed to the within instrument and acknowledged to me that he/she/^^^ecuted the same in his/he^(1fieir)iuthorized capaciQSOe^. and that by his/herfth§Ir^5^fiatt1re(s) on the instrument the person(s), or the*entity 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 cocrect. WlTNESS/my hand and official Place Notary Seal Above Signature OPTIONAL - Though the infomiation below Is not required by law, ii 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: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • • • • • • Corporate Officer — Title(s): Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OFSIGNER Top of thumb here ©2007 National Notary Association'9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org ltem#5907 Reorder: Call Tofl-Fpee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-08 Tierra La Costa - Bobbett\Bonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-6A).doc 01/25/13