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HomeMy WebLinkAboutPD 2024-0012; San Marcos Unified School District; 2025-0038237; 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# 2025-0038237 I 111111 1111111111 11111111111111111111 lllll 1111111111 11111 1111111111111 Feb 14, 2025 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 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 GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 548-4A) 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, I/(We) San Marcos Unified School District, the owner(s) of sa id 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 subd ivision 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 acci dent, 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 assu med by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public 1 Q:ICED\Admin\B&AIPROJECTS\PD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&A\PROJECTSIPD 2024-0012; GR2024-0014 • Carrillo Elementary School Playlield Repair_D.R\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this \ lfl'tt-day of ~ ?UMB'32-: , 2orl. APPROVED AS TO FORM : CINDIE MCMAHON City Attorney - OWNER(S) SAN MARCOS UNIFIED SCHOOL DISTRICT c-. ~ < V\_./' ..------: By: ii,;here) Erin Garcia -Assistant Superintendent Business Services (print name and title) Date: By: ~ti~ City Attorney City of Carlsbad (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.) 3 Q:\CEO\Admin\B&AIPROJECTSIPD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ,...,..._....... n:■e■nrrrnnn·■-■•r•n rx,nn .......... ,.. .. ,.,.,n, eo.wwwwwww ~otary public or other officer completing this certificate verifies only the identtty of the individual who signed the document L to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of lA:1'1 "D \ (? ~ On ~~\\TMB~ l\;112D2-•-hefore me, SvK'(W) f:?D\jn:nYl I Nc1l'\~ ~t)LJ\~ Date ~ Here Insert Name and Title of the O cer personally appeared __ -8 Y2d (") _l-Ot:: _ Name(s) of Signer(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 capacity(ies). 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. 0 7u~M ;ov1:r; 0 0 i Notary Public • California ~- San 01!90 County ~ Commission II 2429241 My Comm. Expires Dec 16, 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the Stat of California that the foregoing paragraph I nd correct. Slgnatur I 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: Document Date: ___ _ Slgner(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ___ _ o Corporate Officer -Title(s): o Partner -o Limited o General D Individual o Trustee D Other: o Attorney In Fact o Guardian or Conservator Signer Is Representing: _________ _ L..=:---=========------ 2019 National Notary Association 4 Number of Pages: Signer's Name: o Corporate Officer -Title(s): o Partner -o Limited o General D Individual o Trustee D Other: o Attorney in Fact o Guardian or Conservator Signer Is Representing: _________ _ Q:\CED\Admin\B&A\PROJECTSIPD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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