HomeMy WebLinkAboutCD 2021-0024; Palomar Transfer Station Inc; 2022-0429588; Hold Harmless Agreement/Release (2)RECORDING 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# 2022-0429587
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Nov 08, 2022 09:53 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $104.00 (S82 Atkins $75.00)
PAGES 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-050-25 -----------PROJECT ID: CD 2021-0024
PROJECT NAME: Palomar Transfer Station
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 442-3C) 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 acknowledged, 1/(We) Palomar Transfer
Station, Inc., a California corporation, the Lessee 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 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
Lessee.
It is agreed that the above Lessee will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The Lessee agrees to repair any
damage to public improvements caused by any geological failure referred to in this agreement
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to the satisfaction of the City Engineer. The Lessee agrees 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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IN WITNESS WHEREOF, the undersigned has executed this instrument this
'ZD dayof ~V,~ ,2021,-
LESSEE: Palomar Transfer Station, Inc., a California
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By: ~8Jp~
Assistant City Attorney
City of Carlsbad
corporation
By:
Date:
By:
Date:
(sign here)
Neil Mohr, General Manager
(print name and title) 9/ 2.0/2-z_
(sign here)
(print name and title)
(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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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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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 c.?.IRI\[_ 0,Je6-4 }
On 9 '20 ·2o 2..L __
Date
before me, 'J<a~,.J J[_ /./4// /1/0l/iffl{ ~oJjU--<-_
Here Insert Name and Title of the ottfe/
personally appeared /\.,1_£/L lno/.//4
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(,i!j Is/~ subscribed
to the within Instrument and acknowledged to me that he/s~y executed the same In his/~
authorized capaclty~s), and that by his/h~elr slgnature(s) on the Instrument the person'8), or the entity
upon behalf of which the person~ acted, executed the Instrument.
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: '•. Notary Pul>lic · California ~
< .,..,,, !. San D1e-go County ~
I , Commi,sion # 2296261
.. l,,o•"' .. My Comm. Ex;mes Aug 1, 2023
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California thst the foregoing
paragraph Is true and correct.
WITNESS my tmnd and official sent.
Signature~/~
Signature of Notary Public
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: _____ _
DocumentDate: _____________________ Numberof Pc1ges: ___ _
Signer(s) Other Than Named Above: ________________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: -----· Signer's Name:
□ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General □ Partner -□ Limited □ General
□ lndlvldual □ Attorney In Fact □ Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representing: __ Signer Is Representing:
:02019 National Notary AssociRtion
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS A 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 COUNTY, NOVEMBER 16, 1896, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT 14 OF SAID LOT BAS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG
THE BOUNDARY OF SAID LOT B, 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 INSTRUMENT 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 B; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTOR'S AS
FOLLOWS: SOUTH 54°15'33" WEST, 326.48 FEET; SOUTH 50°55'35" 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 DECEMB_ER 27, 1961 AS INSTRUMENT NO. 222199, OF OFFICIAL RECORDS, AND BEING A
POINT HEREIN DESIGNATED AS POINT X; THENCE ALONG THE BOUNDARY OF SAID WATER DISTRICT'S
LAND AS FOLLOWS: SOUTH 73°43'45" EAST 232.43 FEET TO AN ANGLE POINT THEREIN, AND SOUTH
38°38'25" EAST, 341.96 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE SOUTH
38°38'25" EAST 100.00 FEET; THENCE SOUTH 51°21'35" WEST, 638.00 FEET TO THE NORTHEASTERLY
LINE OF COUNTY ROAD SURVEY NO. 682 (KNOWN AS EL CAMINO REAL) ACCORDING TO PLAT
THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY; 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 POINTY; THENCE CONTINUING NORTH 38°38'25" WEST,
150.00 FEET TO A LINE WHICH BEARS SOUTH 10°46'15" WEST FROM SAID POINT X; THENCE SOUTH
10°46'15" WEST, 39.50 FEET TO THE CENTER LINE OF SAID COUNTY 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 B AS SHOWN ON RECORD OF
SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 12, 1935; THENCE 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.
TOGETHER WITH THAT PORTION OF LOT B OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, 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 COUNTY, LYING EASTERLY OF THE WESTERLY LINE OF
A STRIP OF LAND 48.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL; THENCE SOUTH
51 °47'58" WEST ALONG THE SOUTHWESTERLY PROLONGATION O THE SOUTHEASTERLY LINE OF SAID
PARCEL, A DISTANCE OF 55.00 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 1800-1, A PLAT OF
WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH
28°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, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
EXHIBIT A
(Continued)
CENTRAL ANGLE OF 81°50'49" TO THE POINT OF TERMINUS, AS CONVEYED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED AUGUST 23, 1977 AS INSTRUMENT NO. 77-345406 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD IN DEED RECORDED
JUNE 30, 1982 AS INSTRUMENT NO. 82-201566 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 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 COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND
DESCRIBED IN DEED TO SAID COUNTY OF SAN DIEGO, RECORDED JANUARY 18, 1974 AS INSTRUMENT
NO. 74-014190 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID COUNTY OF SAN DIEGO LAND; THENCE
NORTH 89°54'00" WEST, 23.41 FEET TO A POINT 14 OF SAID LOT B AS SHOWN ON SAID MAP 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 CONTINUING ALONG SAID BOUNDARY, SOUTH 10°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; THENCE NORTH 30°31'12" WEST, 800.00 FEET; THENCE SOUTH
87°45'29" WEST, 491.59 FEET TO THE TRUE POINT OF BEGINNING.
APN: 209-050-25-00