HomeMy WebLinkAboutCUP 2022-0010; Poseidon Resources (Channelside) LP; 2023-0353419; 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# 2023-0353419
11111111111111111111111111111111 lllll 1111111111 1111111111 1111111111111
Dec 27, 2023 11 :47 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 6
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 \jJ"-Phase 2 Intake Modification
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 539-BA) for development
to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Poseidon
Resources (Channelside) LP., a Delaware limited liability partnership, 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.
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Q:ICED\Admin\B&AIPROJECTSICUP 2022-0010, GR2022-0047 -Cansbad Desalination Plant Phase 2 Intake Modification D.RIHOLD HARMLESS AGREEMENT
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It is further agreed that the above owner(s) will maintain all drainage systems to insure a
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.
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Q ICED\Admin\B&A\PROJECTSICUP 2022-0010; GR2022-0047 -Ca~sbad Desalination Plant Phase 2 Intake Modification D.RIHOLD HARMLESS AGREEMENT
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IN WITNESS WHEREOF, the undersigned has executed this instrument this iik day of
'1WxJhUC . 2028
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By: f~L4
RONKEM~
OWNER(S)
POSEIDON RESOURCES (CHANNELSIDE) LP., a
Delaware limited liability partnership
The Lessee
By ».~ (Sign Here)
Gregory Amparano -Chief Executive Officer
(Print Name and Title)
Senior Assistant City Attorney
City of Carlsbad
(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.)
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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 RA ILROAD 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 OFSURVEY 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°30'13"WEST, 2664.53 FEET; THENCE NORTH 28°40'19" WEST, 835.14 FEET TO THE TRUE POINT OF
BEGINNING.
CL TA Preliminary Report Form -Modified (11/17/06) Page 5
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary 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
County of Dco,.,n~ p
On ~cembt-t== '[
}
Date
personally appeared --~~YJ .... t.....,a'-+'"oc-'1-1-~Am~--'--L1!12.l'""-'A"'--'--C~ll-rl\+D ...... -----------0 Nfrne(s) o~ner(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 signature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
APRIL EDGAR
Notary Public • California ,. j • Orange County ! t Commission # 2436664 r,,., ,.,~ My Comm. Expires Jan 31, 2027
Place Notary 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.
Signature ~~~--~----/L=:-~----~-=_-=_-:_----
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: -H''-Uc._-l-,u..L..LLL>.L.._,___,.__-=-'W...-"'--"-"-.-.C..._.,__-1.A-<A,1..!..I..Lj~,-C.+-
DocumentDate: 11. )"i / 2 3
Slgner(s) Other Than Named Above: ______________________ _
Capactty(les) Clalmed by Slgner(s)
Signer's Name: ____________ _ Signer's Name: ____________ _
o Corporate Officer -Tltfe(s): ______ _ o Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited o General o Partner -o Limited o General
o Individual o Attorney In Fact o Individual o Attorney In Fact
o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator
o Other: □ Other:
Signer Is Representing: _________ _ Signer Is Representing: _________ _
0 2019 National Notary Association
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