HomeMy WebLinkAboutSANTA ANA, CITY OFWhek,�eco-rded, m J to:
14illiam -Kock
Assistant City Attorney
City of Santa Ana
Santa Ana, California
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79-66
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MOORDED AT REQUEST OF
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k' IN OFFICWAL RECOR 6 0 IF
ORANGE COUNTY, CALIF
9
JUN 20 1966
J, MUE CARLYLE, CouIo4 Recorder
1XZLtO, the City or Santa Ana did approve the under-
signed's request for the development of a mobile home park
on certain real property located in the City of Santa Ana,
State of California, as more particularly described in Ex-
hibit "A" attached hereto and by this reference incorporated
herein; and
WHEREAS, in connection with the City's approval, they
did grant to the undersigned a Conditional Use Permit No. 161,
which Conditional Use Permit contained certain conditions and
restrictions upon the use and development of the subject prop-
erty; and
WHEREAS, Condition No. 1 under Conditional Use Permit No.
161 required that the applicant, being the person or persons
whose signatures appear below, execute an agreement holding
the City harmless from any contingent liability resulting from
damages that may occur because of unusual soil conditions
which exist or may exist due to the fact that the property was
formerly used as a City dump for the deposit of trash and other
refuse; and
WHEREAS, said condition further required that such release
be binding upon the applicant, his heirs, successors and as-
signs;
NOW, THEREFORE, the undersigned do hereby agree as follows:
1® Release and Waiver® The undersigned applicants here-
by release the City of Santa Ana and agree to hold said City
harmless from any contingent liability and from any and all
7966 56
claims of whatever nature resulting from damages to the sub-
ject property or to the occupants thereof or arising out of
the occupation thereof, which may arise at any time and from
time to time due to the unusual soils conditions which exist
because of the subject property's use as a city dump and trash
depository, and applicants agree that they will not at any time
hereafter commence, maintain or prosecute any action at law or
in equity or otherwise, or assert any claim against said City,
or their successors in interest, for any such damage or loss
or any kind or amount arising out of or having relation to such
soils condition or any subsidence or shifting of soils arising
therefrom, and applicants agree that these covenants and re-
leases shall be binding upon applicants, their heirs, successors
and assigns, and shall be a covenant running with the land
and binding upon applicants and all future owners or occupants
thereof.
2, Section 1542 Release. With regard to the above soils
conditions and site history, and any problems, claims or defenses
arising therefrom, applicants do hereby expressly waive any
rights which they may have under Section 1542 of the Civil Code
of California, which provides as follows:
"§1542. [Certain claims not affected by general
release.] A general release does not extend to
claims which the creditor does not know or sus-
pect to exist in his favor at the time of execut-
ing the release, which if known by him must have
materially affected his settlement with the debtor,"
Executed this day of June, 1966, at
California.
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