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Home My WebLink AboutCUP 260D; Palomar Transfer Station Inc; 2021-0759728; 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# 2021-0759728 11111111111111111111111111111111 lllll lllll lllll lllll 111111111111111111 Nov 01, 2021 03:45 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., 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.: _.,_7"""6.,._0-_,_1"""66,._-.,._84_,__ ____ _ PROJECT ID: ....,C"-"U"-'-P_,2::.::6:.,::0.,_.(D::..t) _____ _ --,c...... PROJECT NAME: Palomar Transfer Station HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 442-3B) 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 acknowledga::I, 1/(We}, Palomar Transfer Station, Inc., a California corporation, the lessee(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 er 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 lessee. It is agreed that the above lessee(s) will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The lessee(s) 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 lessee(s) agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed 1 Q:\CED\LandDe\llPROJECTSICUPICUP 23-284\CUP 200(0) PaomarTransfer St. Modffication -Rick\B & AIHOLD HARM.ESS AGREEMENT GEOLOGICAL FAILURE alternate with pts.doc 01/25/13 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 Ill 2 Q:\CEO\LandDe>Af'ROJECTS\CUP'ICUP 23-284\CUP 260(D) Paomar Transfer St. Modification -Rick\8 & A\HOLD HARM.ESS AGREEMENT GEOLOGICAL FAILURE alternate with pts.doc 01/25/13 Exhibit A PARCEL 1: THOSE PORTIONS OF LOTS "A11 AND "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT 11811, SOUTH 89°54'00" EAST, 23.41 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY INVESTMENTS, RECORDED JUNE 16, 1971 AS FILE NO. 126673 OF OFFICIAL RECORDS AND BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID BOUNDARY NORTH 89°54'00" WEST 23.41 FEET TO SAID POINT 14 OF LOT 11B11; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNlY INVESTOR'S AS FOLLOWS: SOUTH 54°15'3311 WEST, 326.48 FEET; SOUTH 50°55'3511 WEST, 1788.65 FEET; SOUTH 01 °28'24" WEST, 787,30 FEET; AND SOUTH 10°46'15" WEST, 2187,68 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO CARLSBAD .MUNICIPAL WATER DISTRICT, RECORDED DECEMBER 27, 196~ AS FILE NO. 222199 OF OFFICIAL RECORDS AND BEING A POINT HEREIN' DESIGNATED A'$ P"OINT "X"; THENCE ALONG THE BOUNDARY OF SAID WATER DISTRICT'S LAND AS FOLLOWS: SOUTH 73°43'45" EAST, 23~.43 FEET TO AN ANGLE POINT THEREIN; AND SOUTH 38°38'25" EAST 341.95 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE SOUTH 38°38'2511 EAST, 100.00 FEET; THENCE SOUTH 51 °2113511 WEST, 638.00 FEET TO THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO, 682 (l<NOWN AS EL CAMINO REAL) ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNlY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 38°38'25" WEST (RECORD = NORTH 38°35'00" WEST) 50.00 FEET TO A POINT HEREIN DESIGNATED AS POINT 11Y11; THENCE CONTINUING NORTH 38°3812511 WEST, 150,00 FEET TO A LINE WHICH BEARS SOUTH 10°46'15" WEST FROM SAID POINT")("; THENCE SOUTH 10°46'15" WEST, 39.50 FEET TO THE CENTERLINE OF SAID'COUN1Y ROAD SURVEY NO. 682; THENCE ALONG SAID CENTER LINE SOUTH 38°38'25" EAST, 1047.69 FEET TO THE WESTERLY PROLONGATION OF COURSE NO. 3 IN THE SOUTHERLY BOUNDARY OF SAID LOT 11B" AS SHOWN ON RECORD OF SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COL!NlY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 19;:!5; TI-IENCE ALONG SAID PROLONGATION AND SAID COURSE NO. 3, NORTH 84°34'38" EAST (RECORD= NORTH 84°38'00" EAST) 1892.91 FEET TO A LINE WHICH BEARS SOUTH 03°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 03°05'08" WEST, 5593.11 FEET TO THE TRUE POINT OF BEGINNING. E)(CEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LAND; THENCE NORTH 89°54'00" WEST, 23.41 FEET TO POINT 14 OF SAID LOT "B" AS SHOWN ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID COUNTY LAND, SOUTH 54°15'33" WEST. 326,48 FEET; THENCE SOUTH 50°55'35" WEST, 1788.65 FEET; THENCE SOUTH 01 °28'24" WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUINt;; ALONG SAID BOUNDARY, SOUTH :J.0°46'15" WEST, 1337.68 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH 79°13'45" EAST, 703.35 FEET; THENCE NORTH 30°28'48" EAST, 900.00 FEET; TMENCE NORTH 30°31'12" WEST, BOO.OD FEET; THENCE SOUTH 87°45'29" WEST, 49:l.59 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFOR!'JIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, .1886, INCLUDED IN THAT CERTAIN 6.459 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 7845 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUN1Y LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND 48.00 FEEf IN WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL; THENCE SOUTH 51 °47'58" WEST, ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 55.00 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUN1Y ENGINEER OF SAID COUN1Y; THENCE SOUTH 38°12'02" EAST, ALONG SAID CENTERLINE 141.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE, NORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81 °50'49" TO THE POINT OF TERMINUS. PARCEL 3: AN EASEMENT FOR STREET AND HIGHWAY PURPOSES OVER ALL THAT PORTION OF LOT 11811 OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: . COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF PARCEL NO. 1 OF DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST 03, 1973 AS FILE NO. 73-215694 OF OFFICIAL RECORDS, WITH THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682; THENCE SOUTH ~8°38'25" EAST, 50.00 FEET ALONG SAID NORTHEASTERLY-LINE OF ROAD SURVEY NO. 682 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTH 38°38'25" EAST 50.00 FEET; NORTH 51°21'35" EAST 638.00 FEET; THENCE NORTH 38°38'25" WEST, 30.00 FEET; THENCE SOUTH 51°21'35" WEST 610.00 FEET TO A 20.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE Tf-lRU A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 31.42 FEET; THENCE LEAVINO SAID ClJf<VE SOUTH 51 °21'3511 WEST 8.00 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING TH.EREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND 48.00 FEET IN WIDTI-I, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF THE ABOVE DESCRIBED LAND; TI-IENCI: SOUTH 51°47'58" WEST, ALONG Tl-IE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LAND, A DISTANCE OF 55.00 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS 01\l FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH 38°:L2'0211 EAST, ALONG SAID CENTERLINE 141.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE, l\JORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8:l 0 50'4911 TO THE POINT OF TERMINUS. APN: 209-050-25-00 and 760-166-84-00