HomeMy WebLinkAboutPD 2023-0006; San Dieguito Union High School District of San Diego County; 2023-0274459; Hold Harmless Agreement/Release,J)
RECORDING 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 4459
11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII
Oct 10, 2023 03:24 PM
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.: 223-322-03-00 ------------PROJECT ID: PD 2023-0006
\h'o. PROJECT NAME: La Costa High School Fitness
0 J Center
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 542-5A) for development
to occur on the property more particularly described as (see attached, Exhibit "A"), and other
good and valuable consideration, receipt of which is hereby acknowledged, 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 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 subdivision 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 accident, 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 assumed 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
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FAILURE.doc 01125/13
damage to public 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:ICED\Admin\B&AIPROJECTS\PD 2023-0006; GR2023-0015-La Costa Canyon High School Fitness Center N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13 -
IN WITNESS WHEREOF,
\ ~th day of 6 ~pt'em'C~(
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By WJP~
Senior Assistant City Attorney
City of Carlsbad
the undersigned
202~ ' --
OWNER(S)
has executed this instrument this
San Dieguito Union High School District of San
Diego County, California
By~()~~ (sig nh)
Tina Douglas -Associate Superintendent of Business
Services
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
(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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FAILURE.doc 01/25/13
( &kibi l-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(8) 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
••• -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.
State of California }
County of ~O\l""'\ P\~~<)
On --3.L. 12, / 7.. ~ before me. '00-'<~ M9 ~ \0. y'\l.9r)°'I ~0\\<.. t,.._)o\0-~
Date Here Insert Name and Title of the Officer
personally appeared __ T--'------'\....!f"\---'-C\--=--------"'O:::........::a=--~-'--,C\,_...\-,!\'-a,,----=--cs.,__ ___________ _
ifame(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 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.
ANDREA MA YUA '!ZANA
COMM. #2454448 z
Notary Public • Calif1rni• ~
San Diego County 0
Comm. Ex ires Jul 22, 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.
f 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: \::\C>\d. .\-\0.'t'~\'€ ~ ~
DocumentDate: °'I./ I~ )207.-"3,
f'-t~e~~e~+ ofo\oS\tQ,.\ Mi vt., Q
Number of Pages:_S-=---
Slgner(s) Other Than Named Above: --'b.,)'-""''---L/_,Ac.......1. _________________ _
Capaclty(les) Clal(lled by si.w.,er(s)
Signer's Name: 1 \ n Ci U(Jy ':)\ °'-S.
□ Corporate Officer -Tltle(s): ______ _
Signer's Name: ___________ _
o Corporate Officer -Title(s): ______ _
□ Partner -□ Limited □ General o Partner -□ Limited □ General
□ Individual □ Attorney In Fact o Individual o Attorney In Fact
□ Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator
□ Other: D Other:
Signer Is Representing: ________ _ Signer Is Representing: ________ _
<02019 National Notary Association
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