HomeMy WebLinkAboutCUP 2022-0010; Poseidon Resources (Channelside) LP; 2023-0309311; 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# 2023-0309311
11111111111111111111111111 11111111111111111111111111111111111111111111
Nov 07, 2023 11 :52 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 210-010-49-00 -----------PROJECT ID: CUP 2022-0010
PROJECT NAME: Carlsbad Desalination Plant
Phase 2 Intake Modification -j½\o. _S_h_or_ing..__ _____ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 539-88) for development
to occur on the property more particularly described as (see attached, Exhibit "A"), and other
good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Poseidon
Resources (Channelside) LP, a Delaware limited liability partnership, the. lessee of said property
r
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
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Q \CED\Adm1n\B&A\PROJECTS\CUP 2022-0010. GR2023-0035 • Ca~sbad Desalmat,on Plant Phase 2 Intake Modifteation-Shonng__D R\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE doc 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.
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Q ICED\Admm\B&AIPROJECTS\CUP 2022-0010. GR2023-0035 . Cat1sbad Desal1nabon Plant Phase 2 Intake Moddicat1on-Shoring_D RIHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE doc 01125113
iih
IN WITNESS WHEREOF, the undersigned has executed this instrument this ~ day of
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~ RON KEMP SeniorAssis:c;,: ttorney
City of Carlsbad
OWNER(S)
Poseidon Resources (Channelside) LP, a Delaware
limited liability partnership
The~
By . j~A/W'vr
(sign here)
Gregory Amparano, Chief Executive Officer
(print name and title)
Date: / 0 {?a O (1--01' '?>
By:
(sign here)
(print name and title)
Date:
(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.)
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Q:\CED\Admin\B&AIPROJECTS\CUP 2022-0010; GR2023-0035 -Carlsbad Desalination Plant Phase 2 Intake MOdrfication-Shoring_D.RIHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE doc 01125/13
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF
CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, , DEFINED AS
PARCEL 4 IN THAT CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS INSTRUMENT NO
2001 -0789068 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-OF-
WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE NORTHERLY LINE OF CANNON
ROAD (60.00 FEET WIDE); THENCE ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST, 1564.78 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH
22°30'13" WEST, 1990.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 1005.37 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH
85°54'14" EAST; THENCE NORTHEASTERLY 36.76.FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°05'42"; THENCE NON-TANGENT TO SAID CURVE NORTH 22°30'13" WEST, 302.87 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 61°25'37" EAST, 14.19 FEET; THENCE NORTH 30°30'37"
EAST, 34.90 FEET; THENCE SOUTH 40°47'23" EAST, 63.50 FEET; THENCE SOUTH 69°10'23" EAST, 38.00
FEET; THENCE NORTH 79°19'37" EAST, 285.00 FEET; THENCE NORTH 88°07'37" EAST, 333.14 FEET;
THENCE NORTH 81°53'37" EAST, 13.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA
STATE HIGHWAY XI-SD-2B (1-5); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 17°57'05" EAST,
204.93 FEET; THENCE SOUTH 12°34'11 "EAST, 424.72 FEET; THENCE SOUTH 22°07'51" EAST, 239.68
FEET; THENCE SOUTH 22°30'37" EAST, 1210.91 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE
SOUTH 67°37'25" WEST, 492.66 FEET; THENCE SOUTH 62°25'13" WEST, 126.26 FEET TO THE TRUE
POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID LOTH DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 14621, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1994 AS FILE NO 1994-500086, SAID
CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND
SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD
OF SURVEY NO 14621 SOUTH 28°40'19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER OF
SAID RECORD OF SURVEY NO. 14621 ; THENCE CONTINUING SOUTH 28°40'19" EAST, 275.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 56°25'30" WEST,
61 .30 FEET; THENCE SOUTH 04°59'18" WEST, 27.61 FEET; THENCE SOUTH 39°37'42" EAST, 61 .38 FEET;
THENCE SOUTH 77°21'22" EAST, 49.55 FEET; THENCE SOUTH 26°45'23" EAST, 232.92 FEET; THENCE
SOUTH 17°52'19" EAST, 115.92 FEET; THENCE SOUTH 02°16'37" EAST, 55.06 FEET; THENCE SOUTH
24°00'58" WEST, 44.47 FEET; THENCE SOUTH 40°45'14" WEST, 126.60 FEET; THENCE SOUTH 29°41 '50"
WEST, 83.42 FEET; THENCE SOUTH 27°27'35" WEST, 90.04 FEET; THENCE SOUTH 35°18'30" WEST,
212.59 FEET; THENCE SOUTH 19°22'01 " EAST, 108.34 FEET; THENCE SOUTH 30°56'56" EAST, 304.06
FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH 00°09'57" EAST, 123.11 FEET;
THENCE SOUTH 26°53'37" EAST, 119.99 FEET; THENCE SOUTH 34°46'51" WEST, 23.60 FEET;
THENCE NORTH 61 °27'21" WEST, 142.77 FEET; THENCE NORTH 22°47'32" WEST, 47.01 FEET; THENCE
SOUTH 67°12'28" WEST, 16.03 FEET; THENCE SOUTH 22°47'32" EAST, 22.23 FEET; THENCE SOUTH
58°37'31 " WEST, 97.99 FEET; THENCE SOUTH 41°35'28" WEST, 110.44 FEET; THENCE NORTH 74°44'52"
WEST, 164.81 FEET; THENCE NORTH 05°57'51" WEST, 202.95 FEET; THENCE NORTH 30°14'20" WEST,
64.23 FEET; THENCE NORTH 64°31'22" WEST, 293.59 FEET TO THE EASTERLY LINE OF THE 100.00 FOOT
WIDE CARLSBAD BOULEVARD; THENCE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD
EXHIBIT A
(Continued)
SOUTH 24°07'36" EAST, 913.18 FEET TO TRUE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 4050.00 FEET; THENCE SOUTHEASTERLY 348.89 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE SOUTH 19° 11 '27" EAST, 15.63 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5216.55 FEET; THENCE
SOUTHEASTERLY 900.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°53'18";
THENCE LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEVARD NORTH 60°43'42" EAST, 103.71
FEET; THENCE NORTH 71 °53'50" EAST, 49.05 FEET; THENCE NORTH 88°29'46" EAST, 149.63 FEET;
THENCE NORTH 77°06'32" EAST, 80.00 FEET; THENCE NORTH 68°28'15" EAST, 121 .97 FEET; THENCE
NORTH 63°21 '24" EAST, 220.51 FEET; THENCE NORTH 67°56'35" EAST, 167.57 FEET; THENCE NORTH
76°27'03" EAST, 60.33 FEET; THENCE SOUTH 77°37'06" EAST, 172.85 FEET; THENCE SOUTH 60°55'24"
EAST, 66.30 FEET; THENCE SOUTH 45°30'57" EAST, 47.42 FEET; THENCE SOUTH 82°40'44" EAST, 84.31
FEET; THENCE SOUTH 44°29'52" EAST, 52.55 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF SAID
ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE NORTH
22°30'1 3"WEST, 2664.53 FEET; THENCE NORTH 28°40'19" WEST, 835.14 FEET TO THE TRUE POINT OF
BEGINNING.
CLTA Preliminary Report Form -Modified (11/17/06) Page 5
CALIFORNIA ACKNOWLEDGMENT
001Mrnrn nn .n.n rr r .n.n
CIVIL CODE § 1189
• .FF FF .n.nn Pi -A nota,y public or other officer completing this certificate verifies only the identtty 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 /
Countyof ~17~;> }
,/
On :;~ M~ ').M.,S before me, _ _,_~ ___ Vl\<;___.,~"-->--l{J-~---"'-ft(_/S_"'_V_~
Date ~ Here Insert Name and Title of the Officer
personally appeared -------'---Jf---~--=-fi-~ ___ => ____________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
~ m a a naonsan -I certify under PENALTY OF PERJURY under the
~.-:?' ,,..)~ ~, COMM #'l423861 i'l,aragraph Is true and co
yt~1t0 DAREN VASS aws of the State of California that the foregoing
SJ :\l'tl•~~t\"'.;.¼ NOTARY PUOUC-CAUFORNIA '.!: \':ib;;. t, SAN DIEGO COUNTY ITNESS my han nd offlc l .. ~·• My eornm txp•r~ t:O·,'!!mber 21, 2025
Slgna
Place Notary Seal and/or Stamp Above
OPTIONAL
Completing this Information can deter a Iteration of the document or
fraudulent reattachment of this form to an unintended document /'
Description of Attached Docl\Tent ~ A,_.,L; ..• ~ ~'1t,,._
Title or Type of Document: _Ji,_""-'?:__:~:_c__..1.Ji-"l/rr1V-"-'-.:....:_ _ ___:_(_""f_-'--~-'---'----------
Document Date: _____________________ Number of Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
□ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General
Signer's Name:
□ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General
□ Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator
□ Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representing: ____ _ Signer Is Representing: _________ _
<C2019 National Notary Association
4
Q:ICED\Adm1n\B&AIPROJECTSICUP 2022.0010: GR2023.0035 -CMsbad Desalination Plant Phase 2 Intake Modification-Shorin9...D,RIHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE.doc 01125/13
TRUE COPY CERTIFICATION
(Government Code 27361.7)
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
\ CJv11-ty
\C\WS
?~'1LP~
11 1 OJ 1 :2073
Date
Rec.Form #R9.1 (Revised 11 -15-10)
Signature of Declarant
Type or nntNa