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Home My WebLink AboutPD 2023-0006; San Dieguito Union High School District of San Diego County; 2023-0274458; 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# 2023-027 4458 11111111111111111111111111111111 lllll lllll lllll lllll 111111111111111111 Oct 10, 2023 03:24 PM OFFICIAL RECORDS JORDAN Z. MAR KS 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.: 223-322-03-00 ----'---'------------ PROJECT ID: PD 2023-0006 PROJECT NAME: La Costa Canyon High School Fitness Center HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 542-5A) for development to occur on the property more particularly described as (see attached, Exhibit "A"), I/We, San Dieguito Union High School District of San Diego County, California, 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:\CED\Admin\B&A\PROJECTS\PD 2023-0006; GR2023-0015 -La Costa Canyon High School Fitness Center_N.F\HOLD 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:\CED\Admin\B&AIPROJECTS\PD 2023-0006; GR2023-0015 • La Costa Canyon High School Fitness Center_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this f ~ay of ,-~~...l<L..l.~•20£13 APPROVED AS TO FORM : CINDIE MCMAHON City Attorney OWNER(S) San Dieguito Union High School District of San Diego County, California Tina Douglas -Associate Superintendent of Business Services (Print Name and Title) By ~~ 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.) 3 Q ICED\Admin\B&A\PROJECTSIPD 2023-0006. GR2023-0015 -La Costa Canyon High School Fitness Center_N.FIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 \ &vtibi t A I LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL ONE: (APN: 223-322-03) ALL THAT PORTION OF LOT 44 OF CARLSBAD TRACT NO. 75-9(6) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 9958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 1980, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 44, BEING A POINT ON THE ARC OF A 930.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 87° 31' 57" EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 44 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 23' 20", A DISTANCE OF 55.01 FEET; THENCE LEAVING SAID WESTERLY LINE ON A RADIAL BEARING TO SAID CURVE, NORTH 89° 04' 43" EAST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74° 26' 56" EAST, 749.21 FEET; THENCE NORTH 1° 14' 28" EAST, 98.61 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 16' 17", A DISTANCE OF 141.14 FEET TO A POINT OF COMPOUND CURVATURE WITH A 170.00 FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 50° 29' 15", A DISTANCE OF 149.80 FEET; THENCE NORTH 77° 00' 00" EAST, 105.00 FEET; THENCE NORTH 10° 51' 36" EAST, 45.00 FEET; THENCE NORTH 48° 09' 38" EAST, 100.00 FEET; THENCE NORTH 81 ° 00' 02" EAST, 116.38 FEET; THENCE NORTH 54° 28' 37" EAST, 190.00 FEET; THENCE SOUTH 88° 11' 15" EAST, 498.53 FEET; THENCE NORTH 35° 00' 00" EAST, 248.53 FEET; THENCE NORTH 05° 45' 52" WEST, 72.67 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", A DISTANCE OF 204.20 FEET; THENCE NORTH 84° 14' 08" EAST, 133.77 FEET; THENCE NORTH 05° 45' 52" WEST, 203.56 FEET; THENCE NORTH 48° 15' 49" WEST, 660.70 FEET; THENCE SOUTH 61° 30' 36" WEST, 564.71 FEET; THENCE NORTH 58° 20' 08" WEST, 396.85 FEET; THENCE NORTH 49° 08' 59" WEST, 187.92 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 44; THENCE SOUTHWESTERLY, NORTHWESTERLY, AND NORTHEASTERLY ALONG SAID BOUNDARY THE FOLLOWING 9 COURSES: SOUTH 51 ° 40' 30" WEST, 136.00 FEET; THENCE SOUTH 37° 20' 16" WEST, 104.67 FEET; THENCE SOUTH 53° 15' 28" WEST, 62.18 FEET; THENCE SOUTH 81 ° 11' 02" WEST, 71.00 FEET; THENCE NORTH 69° 28' 45" WEST 68.78 FEET; THENCE NORTH 59° 56' 02" WEST, 29.61 FEET; THENCE NORTH 31 ° 03' 00" WEST, 107.00 FEET; THENCE NORTH 03° 27' 06" WEST, 68.00 FEET; THENCE NORTH 20° 02' 55" EAST, 67.62 FEET TO THE SOUTHEASTERLY SIDELINE OF MISSION ESTANCIA AND A POINT ON THE ARC OF A 1042.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 37° 03' 10" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 01' 25", A DISTANCE OF 273.22 FEET; THENCE LEAVING SAID SIDELINE, SOUTH 88° 19' 27" EAST, 2.20 FEET; THENCE SOUTH 69° 22' 31" EAST, 58.45 FEET; THENCE SOUTH 46° 19' 32" EAST, 75.55 FEET; THENCE SOUTH 31 ° 03' 00" EAST, 342.57 FEET; THENCE SOUTH 14° 36' 24" EAST, 64.20 FEET; THENCE SOUTH 04° 12' 01" WEST, 66.32 FEET; THENCE SOUTH 23° 19' 47" WEST, 66.79 FEET; THENCE SOUTH 42° 42' 34" WEST, 67.80 FEET; THENCE SOUTH 60° 54' 00" WEST, 465.67 FEET; THENCE SOUTH 62° 08' 51" WEST, 72.95 FEET; THENCE SOUTH 67° 58' 00" WEST, 141.52 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 44; THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 22° 02' 00" EAST, 230.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 67° 58' 00" EAST, 50.00 FEET; THENCE SOUTH 22° 02' 00" EAST, 200.00 FEET TO THE BEGINNING OF A TANGENT 1080.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 44' 30" A DISTANCE OF 240.17 FEET; THENCE SOUTH 09° 17' 30" EAST, 150.00 FEET TO THE BEGINNING OF A TANGENT 980.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 22' 13", A DISTANCE OF 143.17 FEET TO THE TRUE POINT OF BEGINNING. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 lllWl!BB ........................................................... w ..... !IE EZCBillO A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document l to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. J State of California } Countyof 6on D\Xj O On °' / \?::, I 2 0 z, ~ before me, f\nctVt<A tv\C\~~ \~ P, 1~rf'-.\J~o\C\v"~ \l)b \~c Date Here Insert Name and Title of the Officer personally appeared _\_\.;..:0'--°'-·----Dc.-u_v_'~~-~'-C\ ~ _ ---------- Name(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 capacityQes), 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. 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. 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: \\~\d \:\Ct" D:i'€c;;\ f\ ~V'E?~~~cr CXC\ lf\C( ~ ~ Document Date: 9 /I~ 120 2 ~ Number of Pages:---'~~-- '-\/~ Signer(s) Other Than Named Above: __ 1'-J__._......:.~-'-------------------- Capaclty(les) Claimed by s.a:r(s) Signer's Name: t , t:\ C\ ~tiC\\~S,. o Corporate Officer -Title{s): __ J ____ _ Signer's Name: ___________ _ o Corporate Officer -Title(s): ______ _ o Partner -o 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 D Other: o Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ......................... ~ ()2019 National Notary Association a a il B a a a B B a B !lit g [Jl! B s j s -! B .......... H ............ t