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Home My WebLink AboutCD 2021-0024; Palomar Transfer Station Inc; 2022-0429588; 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# 2022-0429588 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Nov 08, 2022 09:53 AM OFFICIAL RECORDS Ernest ,J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $104.00 (SB2 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 DRAINAGE In consideration of the City's approval of a drainage plan (DWG 442-3C) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/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 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. It is further agreed that the above Lessee will maintain all drainage systems to insure a 1 Q:\CED\landDev\PROJECTS\CDICD 2021\CD2021-0024 Palomar Transfer StaUon • Rlck\B & A\HOLD HARMLESS AGREEMENT DRAINAGE -lessee.doc 01125/13 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 Q:ICED\LandDev\PROJECTS\CO\CD 2021\CD2021-0024 Palomar Transfer Station· Rlck\B & AIHOLO HARMLESS AGREEMENT DRAINAGE -lessee.doc 01125113 ·20 IN WITNESS WHEREOF, the undersigned has executed this instrument this ____ day of ~~~ £..<,2_ I 20_Z.._2-____ _ APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~~ NKEMP Assistant City Attorney City of Carlsbad LESSEE Palomar Transfer Station, Inc., a ifornia corporation Date: (Sign Here) Neil Mohr, General Manager (Print Name and Title) 9 /zo / z-z- By: -------------------- (Sign Here) (Print Name and Title) Date: (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 Q:\CED\l.andDev\PROJECTS\CD\CO 2021\CD2021--0024 Palomar Transfer Slauon -Rlck\B & AIHOLD HARMLESS AGREEMENT DRAINAGE -lessee.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identttyofthe individual who signed the document] to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfornln c-01€_~.:, County of ..JAIN } On ~ ~ '20 · (01...-'L before me, '/<&.uA.J £ /./4-L-t. ~OTA fly lUJJ{.tc., Date J\/ Ii I l. f\11 C 1 1 n Here Insert Nome and Title of the Officer personally appeared it" I...._ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.11) ls/illill subscribed to the within Instrument and acknowledged to me that he/sJ:leAliey executed the same In his/her/their authorized capacity(~). and th;it by hls/~lr signature(~ on the Instrument the person!5). or the entity upon behalf of which the person(!!) acted, executed the Instrument. ~--··········i , RONNE. HALL : e.-'• Notary Public -California : ;; ~j San 01ego County : z ~./ Comm1'is1on # 2296261 - • ,.,, •• ,• My Comm, Li;ptrr'> Au~ 1, 2023 Place Notory Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Slgnat:--e-e_ ,,1/cAJ Signature of Notory Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reottachment 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: _______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: __ _ Signer's Name: o Corporate Officer -Tltle(s): o Partner -D Limited D General o Corporate Officer -Tltle(s): __ o Parb1er -□ Limited o General o Individual o Attorney In Fact o Trustee □ Guardian or Conservator o Individual o Attorney In Fact o Trustee o Guardian or Conservator D Other: o Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ <!;)2019 National Notary Association 4 O:\CED\LandOev\PROJECTSICDICO 2021\CD2021--0024 Palomar Transfer Station· Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE -lessee.doc 01/25/13 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 DECEMBER 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, OCTOBER12,1935; 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