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
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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
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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.
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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.)
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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
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~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