HomeMy WebLinkAboutPD 2023-0013; Carlsbad Unified School District; 2024-0037718; Hold Harmless Agreement/Release4
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# 2024-0037718
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Feb 14, 2024 10:18 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAQES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'$ PARCEL NO.: .....:2=--1..:..5-...c.0..:..50=---.:._74.:._-0.::..c0=--------
PROJECT ID: PO 2023-0013
\~~ PROJECT NAME: Aviara Oaks Elementary J. J School Modernization
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 543-4A) and
improvement plan (DWG 543-4A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), 1/We, Carlsbad Unified 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.
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Q:ICED\Admin\B&AIPROJECTSIPD 2023-0013; ROW2023-0854; GR2023-0022 • Aviara Oaks Elementary School Modemization_T.C\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.
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Q:ICED\Admln\B&AIPROJECTS\PD 2023-0013; ROW2023-0854; GR2023-0022 -Aviara Oaks Elementary School Modemization_ T.CIHOLD HARMLESS AGREEMENT
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I. ../4.. IN WITNESS WHEREOF, the undersigned has executed this instrument this /0 day of
.\ "'4-UØ\fj , 20 ""2. 3/ .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
OWNER(S)
Carlsbad Unified School District of San Diego County,
California
By: ~Q_/
(Sign Here)
Eric Dill -Assistant Su.Q_erintendent
(Print Name and Title)
Date: /-10--2'1
BycøJu~ ALLE ROST
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.)
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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 1: (PORTION OF APN: 215-050-74)
THE SOUTH HALF OF THE WEST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM ALL Oll, GAS OR OTHER HYDROCARBON SUBSTANCES OR ANY OTHER
MATERIAL L YING IN OR UNDER SAID PROPERTY OR PRODUCED THEREFROM, TOGETHER WITH SUCH
RIGHTS OF INGRESS, EGRESS AND USE OF THE SURFACE AS MAY BE REASONABL Y NECESSARY FOR
THE DEVELOPMENT AND ENJOYMENT OF SAID RESERVED RIGHTS, AS EXCEPTED AND RESERVED IN THE
DEED FROM MONTE GRIFFITHS AND JESSIE MILDRED GRIFFITHS HUSBAND AND WIFE, TO MAURICE E. MC
CREERY, AND HELEN G. MC CREERY, HUSBAND AND WIFE AS JOINT TENANTS, DATED MARCH 30, 1944
AND RECORDED MAY 27, 1944 IN BOOK 1669, PAGE 496 AND IN DEED FROM HELEN G. MC CREERY TO
MAURICE B. MC CREERY RECORDED MARCH 14, 1947 IN BOOK 2362, PAGE 277 OF OFFICIAL RECORDS.
PARCEL 2: (PORTION OF APN: 215-050-74)
THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL Oll, GAS OR
HYDROCARBON SUBSTANCES, OR ANY OTHER MATERIAL LYING IN OR UNDER SAID PROPERTY OR
PRODUCED THEREFROM, TOGETHER WITH SUCH RIGHTS OF INGRESS, EGRESS AND USE OF THE
SURFACE AS MAY BE REASONABLY NECESSARY FOR THE DEVELOPMENT AND ENJOYMENT OF SAID
RESERVED RIGHTS AS RESERVED IN DEED RECORDED MARCH 14, 1947 IN BOOK 2362 PAGE 277 OF
OFFICIAL RECORDS.
PARCEL 3: (PORTION OF APN: 215-050-74)
THOSE PORTIONS OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 26, TOGETHER WITHA PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERL Y
LINE THEREOF, SOUTH 00° 21' 21" EAST 293.56 FEET TOA POINT ONA NON-TANGENT 1151.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04° 10' 50" WEST;
THENCE WESTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39° 32' 20" A DISTANCE OF
794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE BEARS SOUTH 43° 43' 10" EAST; THENCE WESTERL Y ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 87° 33' 10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH
46° 10' 00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERL Y; THENCE NORTHWESTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°
46' 00" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55° 56' 00" WEST 416.30
FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 13' 38" A DISTANCE OF 308.45
FEET; THENCE TANGENT TO SAID CURVE, NORTH oo· 42' 22" WEST 18.83 FEET TO THE WESTERL Y
PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID
NORTHERL Y LINE, SOUTH 89° 19' 14" EAST 1349.44 FEET TO THE POINT OF BEGINNING.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A nota ry public or other officer com pleting !his certificate verifies only the identity of the individ ual who sig ned the document
to which this certificate is attached, and not the truthfulness, accuracy, er validity of thai document.
State of Callfornla
County of :5,t-N l) I ~ 0 }
On / -IO -~1,.,-t( belore me. klt-M'{ 5, S tfo6MA-ll.f;.. t,J o 1,4-1(,y Pv61.A C..
Date Here lnsert Name and Ttite of the Officer
personally appeared F;..(l,1 C..... ..J) JL.. L-
Name(s) of Signer(s)
who proved tome on the basis ol satlslactory evldence to be the person(s) whose name(s) ls/are subscrlbed
to the wlthln Instrument and acknowledged to me thai he/she/they executed the same In hls/her/thelr
authorlzed capaclty(les), and thai by hls/her/thelr slgnature{s) on the Instrument the person(s), or the entlty
upon behalf ol whlch the person(s) acted, executed the Instrument.
LARRY S. SHOEMAKE
COMM. #2335363 z
Notary Public • California ~
San Diego County -
My Comm. Expires Oct. 13, 2024
Ploce Notory Seol ond/ar Stamp Above
I certlfy under PENAL TY OF PERJURY under the
laws of the State of Callfornla thai the foregolng
paragraph Is true and correct.
WITNESS my hand and official seal.
Signature =2=AfL>2--
Signature of Notary Public
OPTIONAL
Completing this Information con deter alteration of the document or
fraudulent reattachment of this form to an unlntended document
Oescrlptlon of Attached Oocument
Tltle or Type of Document: _________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Clalmed by Slgner(s)
Slgner's Name: ___________ _ Slgner's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _
o Partner -o Llmlted o General o Partner -o Llmlted o General
D lndlvldual D Attorney In Faet D lndlvldual D Attorney In Faet
o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator
o Other: D Other:
Signer Is Representlng: ________ _ Signer Is Representlng: ________ _
()2019 National Notary Association
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