The URL can be used to link to this page

Home My WebLink AboutPD 2024-0012; San Marcos Unified School District; 2025-0038236; 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# 2025-0038236 111111111111 11111 111111111111111 1111111111 111111111111111 1111111111111 Feb 14, 2025 10 :1 8 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FE ES: $0.00 (S82 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 222-011-15-00; 222-011-11-00 PROJECT ID: PD 2024-0012 PROJECT NAME: Carrillo Elementary School Playfield Repair HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 548-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, San Marcos Un ified School District , the owner(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 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. 1 Q:\CEO\Admin\B&AIPROJECTS\PD 2024-0012: GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\Admin\B&A\PROJECTS\PD 2024-0012; GR2024-0014 • Carrillo Elementary School Playfield Repair_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has,rxecuted this instrument this \IJ~ day of 5£1?1XYV\b-e¥?-,20 2-::r: . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney OWNER(S) SAN MARCOS UNIFIED SCHOOL DISTRICT By: Erin Garcia -Assistan uperintendent Business Services (Print Name and Title) By: ~I?-~ CHvDlE k . /vlC MDN- c ity 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.) 3 Q:\CED\Admin\B&A\PROJECTS\PD 2024-0012: GR2024-0014 -Carrillo Elementary School Playfield Repair_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 • un:nn•u• S.WWWSAAWWW 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. Cou~ty of _IJ ~ . . State of CallRrnla _ l on&prruei~ llP~f_beforeme,_ \)Q:w\ ffilA~ \\JCTh~ 1)ul?Jy\L Date Here ;;;;;Name and Title of the Officer personally appeared ~ ~ (\ ~ f\-" ___ _ v -o • • ·--,:;;;;ne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. eeeeeeeef SUSAN BOY~ON Notary Public • California • San Die10 County ~ Commission # 2429241 y Comm, Expires Dec 16, 2026 Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California th at the foregoing paragraph Is true and correct. Completing this information can cleter alteration of the document or fmudulent reuttac/Jment of this form to an unintended document Description of Attached Document Title or Type of Document: DocumentDate: _____________________ NumberofPages: ____ _ Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: _____________ Signer's Name: o Corporate Officer -Title(s): o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited D General □ Partner -□ Limited □ General □ Individual o Attorney In Fact o Individual □ Attorney In Fact o Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator □ Other: □ Other: _s_ig_n_e-=r=ls=R=e=p=re=s=e=n=t=in=g=:=====------c=------c=='---=S=lg=n=e=r=l=s=R=e=p=r=e-=se=n=t=in=g=:=========~ 0 2019 National Notary Association 4 Q:ICED\Admin\B&AIPROJECTS\PD 2024-0012: GR2024-0014. Carrillo Elementary School Playfield Repair_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01 125113 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Parcel 2 of Certificate of Compliance Document No. 94-0497667 and Parcel 3 of Certificate of Compliance, Document No. 94-0497669 both in the City of Carlsbad, on file in the Office of the County Recorder of San Diego County, State of California, described as follows: Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the intersection of the two courses: North 85°50'40" East 92.05 feet, North 04°09'20" West 326. 97 feet; thence North 04°09'20" West along said Southeasterly line 122.00 feet to the True Point of Beginning; thence South 50°32'05" West 230.39 feet; thence South 38°58'12" East 19.32 feet; thence South 55°32'56" West 143.45 feet; thence South 48°54'47" West 151.28 feet; thence South 44°27'17" West 104.02 feet; thence South 56°30'35" West 147.17 feet; thence North 74°13'36" West 146.41 feet; thence North 84°11'15" West 218.11 feet to the beginning of a tangent 140.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 56°28'45" a distance of 138.01 feet; thence South 39°20'00" West 236.54 feet thence; South 46°46'16" West 31.78 feet; thence South 60°10'20" West 58.15 feet to the beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 51 °48'28" a distance of 113.03 feet; thence North 68°01'12" West 41.08 feet to the beginning of a tangent 100.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 35°36'36" a distance of 62.15 feet; thence South 76°22'12" West 45.13 feet; thence North 87°28'01" West 41.18 feet; thence North 18°34'56" West 95.67 feet; thence North 72°43'50 " East 84.30 feet to the beginning of a tangent 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 30°05'48" a distance of 762.19 feet to the beginning of a reverse 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 21 °12'16" a distance of 7.40 feet to the beginning of reverse 30.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 33°23'30" a distance of 17.48 feet to the beginning of a reverse 170.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 10°03'18" a distance of 29.83 feet to the beginning of a reverse 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 07°43'04" a distance of 195.45 feet; thence North 32°47'02" East 240.48 feet to the beginning of a tangent 2149.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 00°54'11" a distance of 33 .87 feet; thence North 33°41'13" East 280.45 feet to the beginning of a tangent 25.00 foot radius curve concave Southerly; thence Northeasterly along the arc of said curve through a central angle of 91 °53'02" a distance of 40.09 feet; thence South 46°49'56" East 31.87 feet; thence South 53°32'41" East 8.86 feet; thence South 59°31'58" East 35.19 feet to the beginning of a non-tangent 2337.00 foot radius curve concave Southwesterly; to which a radial line bears North 37°25'20" East; thence Southeasterly along the arc of said curve through a central angle of 13°37'27" a distance of 555.71 feet; thence South 50°32'05" West 59.84 feet to the True Point of Beginning. APN: 222-011-11-00 and 222-011-15-00