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Home My WebLink AboutPD 15-12; San Diego Gas and Electric Co; 2016-0175088; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2016-0175088 111111111111 1111111111111111111111111111111111111111111111111111111111 Apr 15, 2016 09:28AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ___ 16;__7_-0.....:9_.:..0.....:-3_1_.::-0..:...0 ____ _ PROJECT ID: PD 15-12 PROJECTNAME: ~8~D~G~&~E~T=o_w_e_r~E~ro-s~io_n_R~e-p-a~ir- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 490-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, San Diego Gas and Electric Co., 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 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. 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\PDIPD 15\PD 15-12 SDG&E Tower Erosion Repair-Chua\HOLD HARMLESS AGREEMENT DRAINAGE.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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 I\FILES01V\DepartmentsiCED\landDev\PROJECTS\PD\PD 15\PD 15-12 SDG&E Tower Erosion Repair-Chua\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of -At}-~-:~pl.J-r·I~·L ______ , 2o_'\~..-lf;_"' __ APPROVED AS TO FORM: CELIA BREWER City Attorney jn. {)) By: --+-~· ~:!--""~~~::::o-t-N1<~~-p-""'~~~-- Assistant City Attorney City of Carlsbad OWNER(S) San Diego Gas and Electric Co., a Corporation, State of California By: David L. Geier, Vice President, Electric Operations (Print Nam7 and Title) Date: L.J/ ~ /J (p (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 to bind the corporation.) 3 0:\CED\LandDev\PROJECTS\PD\PD 15\PD 15-12 SDG&E Tower Erosion Repair-Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document State of California County of Oa u"D.-u~ ) - On 4.p~l ~, 2.Dile. before me, 0oyt-~~·~wetfi:rs .' 1\Jo l-qii'J~LL-~ Date Here Insert Name and Title o the Officer personally appeared DCtv i d <Or elct?- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ ~9ffl subscribed to the within instrument and acknowledged to me that ~si;J.e1ftl&'("executed the same In .bis/hjl11'tow authorized capacity~. and that by b.i§ihr"ltt;.€ir signature_w"on the instrument the personjtf, or the entity upon behalf of which the person(l) acted, executed the instrument. Place Notaty Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ______________ _ 0 Corporate Officer -Title(s): ______ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: _________________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTS\PD\PD 15\PD 15-12 SDG&E Tower Erosion Repair-Chua\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Order No: 92010282-920-CMM-CM8 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of said County of San Diego, November 16, 1896, more particularly described as follows: Commencing at a point on the South line of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, where said line crosses the bottom of the wash locally known as "Spring Canyon", according to the survey made by W. W. Borden prior to September I, 1920, and marked by a wiJlow tree planted half way between two notable witness rocks placed 33 feet each, East and West of said point of commencing; Thence South 22° 30' East, a distance of684.00 feet; Thence South 59° 00' West, a distance of209.00 feet; Thence South 3 JO 00' East, a distance of 356.00 feet; Thence East, a distance of288.00 feet; Thence North 47° 00' East, a distance of280.00 feet; Thence East, a distance of 1395.00 feet to the true point of beginning of the real property herein described; Thence from said true point of beginning continuing East 95.00 feet to the Southeast comer of the real property described in that certain deed from Elizabeth B. Connor, also known as Bessie Elizabeth Emmy Borden to William F. Bennett and Georgia Rae Bennett, husband and wife, recorded June 21, 1957 as Instrument No. 92978 in Book 6632, Page 189 of Official Records of said County of San Diego; Thence North 07° 00' 00" West, along the Easterly boundary line of said property, a distance of 1820.00 feet; Thence South 59° 00' 00" West, a distance of 164.19 feet, more or less, to a point of intersection with a line that is parallel with and 150.00 feet Westerly of and measured at right angles from the hereinbefore described Easterly boundary line; Thence South 07° 00' 00" East, along said paraJlelline to a point of intersection with a line which bears North 31 o 32' 37" West from the true point of beginning; Thence South 31° 32' 37" East, a distance of 134.14 feet to the true point ofbeginning. Excepting that portion of the above described parcel lying within the right of way of County Road Survey No. 745. Assessor's Parcel Number: 167-090-31