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Home My WebLink AboutPD 2023-0013; Carlsbad Unified School District; 2024-0037719; Hold Harmless Agreement/Releaseqf 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# 2024-0037719 I llllll lllll lllll lllll 11111111111111111111 11111 11111 IIIII IIIII IIII IIII Feb 14, 2024 10:16 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkina: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'$ PARCEL NO.: 215-050-74-00 -----------PRO J E C T ID: PD 2023-0013 "-''<>--PROJECT NAME: Aviara Oaks Elementary '-J' School Modernization HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 543-4A) 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, 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 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, campaction, 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 1 Q:\CED\Admin\B&A\PROJECTS\PD 2023-0013; ROW2023-0854; GR2023-0022 -Aviara Oaks Elementary School Modemization_T.CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. III III III III III III III III III /li III /li III /li III III /li III III III III III 2 Q:ICED\Admin\B&AIPROJECTS\PD 2023-0013; ROW2023-0854; GR2023-0022 • Aviara Oaks Elementary School Modernization_T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this / trf4.. day of .J ~ 1/#J,J , 20 :z;f. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney AssistanTCity Attorney City of Carlsbad , OWNER(S) Carlsbad Unified School District of San Diego County, California By: ~d (sign here) Eric Dill -Assistant Sugerintendent (print name and title) Date: /•/0•7// (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. lf 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:\CED\Admin\B&A\PROJECTS\PD 2023-0013: ROW2023-0854; GR2023-0022 -Aviara Oaks Elementary School Modernization_ T.C\HOLD 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: 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 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 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 WITH A 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 SOUTHERL Y, A RADIAL LINE TO SAID POINT BEARS NORTH 04° 10' 50" WEST; THENCE WESTERLY 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' 1 O" 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 EASTERL Y; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 13' 38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE, NORTH 00° 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 NORTHERLY 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 this certificate verifies only the identity of the individ ual who signed the document to which tilis certificate is attached, and not the truthfulness. accuracy, or validity of thai document. State of Callfornla County of 5 ,!\:IY V 1 6-G::O } On / ~ I O -1.,...o'Z-l{ before me, IAr/1.,{L'f ,5. .»{O~A:\G&, N cJTA:":::'t f v 6u ,G Date Here lnsert Name and TTtle of t11e Officer f:;(l.,1 C b I U..~;:;::-:::=;---------personaiiy appeared ___ __.,...,_,. ____ -·N,ame(s) of Signer(s) who proved tome on the basis of satlsfactory evldence to be the person(s) whose name(s) ls/are subscrlbed to the wlthln Instrument and acknowledged tome that he/she/they executed the same In hls/her/thelr authorlzed capaclty(les). and that by hls/her/thelr slgnature(s) on the Instrument the person(s), or the entlty upon behalf of whlch the person(s) acted, executed the Instrument. LARRYS. SHOEMAKE COMM. #2335363 z Notary Public -California ~ San Diego County ~ My Comm. Expires Oct. 13, 2024 P/oce Notory Seol ond/ar Stamp Above I certlfy under PEN AL TY OF PERJURY under the laws of the State of Callfornla that the foregolng paragraph Is true and correct. WITNESS my hand and official seal. Signature /-)\~ Signature of Notary Pub/le OPTIONAL Completing this information con deler alteration of the document or fraudulent reattachment of thls form to an unintended document. Descrlptlon of Attached Document TIiie 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): ______ _ □ Partner -□ Llmlted □ General □ Partner -o Llmlted o General o lndlvldual □ Attorney In Faet o lndlvldual o Attorney In Faet o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator □ Other: _____________ _ □ Other: Signer Is Representlng: ________ _ Signer Is Representlng: _________ _ 0 2019 National Notary Association 4 Q:\CEO\Admin\B&AIPROJECTSIPO 2023-0013; ROW2023-0854; GR2023-0022 • Aviara Oaks Elementary School Modernization_T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13