HomeMy WebLinkAboutPD 2023-0012; Carlsbad Unified School District; 2024-0048251; 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# 2024-0048251
11111111111111111111111111111111 IIIII lllll lllll lllll 111111111111111111
Feb 27, 2024 11 :20 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'$ PARCEL NO.: _2_0_5_-2_2_0-_33_-_oo _____ _
PROJECT ID: PD 2023-0012
\( f "' PROJECT NAME: Valley Middle School Campus
.j~ Modernization
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 542-9A) 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, 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 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
ag reed 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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FAILURE.doc 01/25/13
IN WITNESS WHEREOF,
) i.;'1.. day of .j _,.. vo.J 1
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Assista ity Attorney
City of Carlsbad
the undersigned
I 20 7)/.
OWNER(S)
has executed this instrument this
Carlsbad Unified School District of San Diego
County, California
By: ~
(sign here)
Eric Dill -Assistant Superintendent
(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. 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.)
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Q:ICED\Admin\B&A\PROJECTS\PD 2023-0012: ROW ; GR2023-0021 -Valley Middle School Campus Modernlzation_L.OIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A nota ry public or other officer com pleting !his cerfrficate verifies only the identlty of the individ ual who sign ed the document
to whlch !his certificate is attached, and not the truthfulness, accuracy, or valldlty ofthat document.
State af Callfornla
County af 5«4:zv j)1 ber 0 }
On I -l ~ , -z,.o t, tf befare me, t..-+(U'/.>( s. Sc-t Il €:M.A--CC..I;; ;vorA:iV( fy/lU (.,
Date Here lnsert Name and Title ofthe Officer
personally appeared ---.E__.(l.i,,c_J1_C...=-~j)"'-'/c..:U,_::::.....,,=---------------
Name(s) of Slgner(s)
who proved tome an the basis af satlsfactory evldence to be the person(s) whose name(s) ls/are subscrlbed
to the wlthln Instrument and acknowledged tome thai he/she/they executed the same In hls/her/thelr
authorlzed capaclty(les), and that by hls/her/thelr slgnature(s) an the Instrument the person(s), ar the entlty
upon behalf af whlch the person(s) acted, executed the Instrument.
LARRY S. SHOEMAKE
COMM. #2335363 z
Notary Public • California ;o
San Diego Counly ~
M Comm. Ex ires Oct. 13, 2024
P/ace Natary Seo/ and/ar Stamp Above
I certlfy under PENAL TY OF PERJURY under the
laws af the State of Callfornla that the foregolng
paragraph Is true and correct.
WITNESS my hand and offlclal seal.
Signature 2/\~
Signature of Notary Public
OPTIONAL
Completlng this information can deter alteration of the document or
fraudu/ent reattachment of thls form to an unlntended document
Descrlptlon of Attached Document
Tille ar Type af Document: _________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Clalmed by Slgner(s)
Slgner's Name: ___________ _ Slgner's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Llmlted □ General □ Partner -□ Llmlted □ General
□ lndlvldual □ Attorney In Faet □ lndlV1dual □ Attorney In Faet
□ Trustee □ Guardian ar Conservator □ Trustee o Guardian or Conservator
□ Other: □ Other: _____________ _
Signer Is Representlng: ________ _ Signer Is Representlng: ________ _
0 2019 National Notary Association
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FAILURE.doc 01125/13
EXHIBIT A
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Diego, State of California, described as
follows:
PARCEL 1: (APN: 207-010-27 PORTION)
THAT PORTION OF TRACT 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER
LINE OF TAMARACK AVENUE, WITH THE CENTER LINE OF HIGHLAND STREET; THENCE CONTINUING
ALONG SAID PROLONGATION OF SAID CENTER LINE OF TAMARACK AVENUE, NORTH 61° 21' EAST A
DISTANCE OF 221.05 FEET TO THE MOST EASTERLY CORNER OF THE LAND CONVEYED TO JOHN S.
DUN HAM, ET UX; THENCE NORTH 28° 39" WEST A DISTANCE OF 144.0 FEET; THENCE NORTH 61 ° 21'
EAST, A DISTANCE OF 165.43 FEET; THENCE NORTH 28° 39' WEST 117.4 FEET; THENCE NORTH 61 °
21' EAST, A DISTANCE OF 19.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 28° 39'
WEST, 107.40 FEET; THENCE SOUTH 61° 21' WEST, A DISTANCE OF 54.29 FEET; THENCE NORTH 28°
39' WEST, 124.00 FEET TOA POINT ON THE NORTHERLY LINE OF TRACT 247 OF THUM LANDS, WHICH
IS DISTANT THEREON NORTH 61 ° 21' EAST, 351.30 FEET FROM THE CENTER LINE OF HIGHLAND
DRIVE; THENCE ALONG THE NORTHERLY LINE OF TRACT 247, NORTH 61° 21' EAST, A DISTANCE OF
360.90 FEET TO THE MOST WESTERLY CORNER OF THE LAND CONVEYED TO JOSEPH G. BROWN AND
MARJORIE G. BROWN, HUSBAND AND WIFE, AS JOINT TENANTS, BY DEED RECORDED AUGUST 23,
1951 IN BOOK 4212, PAGE 201 OF OFFICIAL RECORDS; THENCE SOUTH 26° 47' 04" EAST ALONG THE
SOUTHWESTERLY LINE OF SAID BROWN'S LAND, 493.06 FEET, MORE OR LESS TOA POINT ON THE
NORTHEASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK STREET WHICH IS DISTANT
THEREON NORTH 61 ° 21' EAST, A DISTANCE OF 696.15 FEET FROM THE CENTER LINE OF HIGHLAND
STREET; THENCE SOUTH 61 ° 21' WEST, A DISTANCE OF 188.14 FEET; THENCE NORTH 26° 47' 04"
WEST 261.53 FEET TOA LINE THAT BEARS NORTH 61 ° 21' EAST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 61 ° 21' WEST 110.93 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2: (APN: 207-010-27 PORTION)
THAT PORTION OF TRACT 247 THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID TRACT 247, DISTANT ALONG SAID LINE
NORTH 61 ° 21' EAST 712.20 FEET FROM THE CENTRAL LINE OF HIGH LAND DRIVE; THENCE ALONG
SAID NORTHERLY LINE OF SAID TRACT 247, NORTH 61 ° 21' EAST 500.35 FEET TOA CONCRETE
MONUMENT ON THE NORTHERLY LINE OF TRACT 247, MARKING THE CENTER LINE OF VALLEY
STREET, AS SHOWN ON SAID MAP NO. 1681; THENCE SOUTH 26° 47' 04" EAST 493.06 FEET TO AN
INTERSECTION WITH THE NORTHEASTERL Y PROLONGATION OF THE CENTER LINE OF TAMARACK
AVENUE; THENCE SOUTH 61 ° 21' WEST ALONG SAID PROLONGATION A DISTANCE OF 500.35 FEET TO
AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 26° 47' 04" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 26° 47' 04" WEST 493.06 FEET TO THE POINT OF BEGINNING.
PARCEL 3: (APN: 207-010-27 PORTION)
THAT PORTION OF TRACT 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
Page 1 of 3
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER
LINE OF TAMARACK AVENUE WITH THE CENTER LINE OF HIGH LAND STREET; THENCE CONTINUING
ALONG SAID PROLONGATION OF SAID CENTER LINE OF TAMARACK AVENUE NORTH 61° 21' EAST A
DISTANCE OF 221.05 FEET TO THE MOST EASTERLY CORNER OF THE LAND CONVEYED TO JOHN S.
DUNHAM, ET UX, TO THE TRUE POINT OF BEGINNING; THENCE NORTH 28° 39' WEST A DISTANCE OF
144.00 FEET; THENCE NORTH 61 ° 21' EAST A DISTANCE OF 165.43 FEET; THENCE NORTH 28° 39'
WEST 117.40 FEET; THENCE NORTH 61° 21' EAST A DISTANCE OF 19.11 FEET TO AN ANGLE POINT IN
THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO CHARLES B. LEDGERWOOD,
ET UX, RECORDED SEPTEMBER 30, 1952, IN BOOK 4608, PAGE 13 OF OFFICIAL RECORDS OF SAID
COUNTY; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LEDGERWOOD LAND NORTH 61 °
21' EAST 110.93 FEET TO AN ANGLE POINT THEREIN AND SOUTH 26° 47' 04" EAST 261.53 FEET TOA
POINT IN SAID EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE; THENCE
SOUTH 61° 21' WEST ALONG SAID EASTERLY PROLONGATION TO THE POINT OF BEGINNING.
PARCEL 4: (APN : 205-220-33 PORTION)
THAT PORTION OF TRACT 246 OF THUM LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE WHICH IS DISTANT THEREON
NORTH 61 ° 21' EAST 412.80 FEET FROM THE INTERSECTION OF THE CENTER LINES OF MAGNOLIA
AVENUE AND HIGH LAND STREET, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER
OF THE PROPERTY CONVEYED TO C.H. INGLES BY DEED DATED AUGUST 25, 1931, AND RECORDED IN
BOOK 10, PAGE 436 OF OFFICIAL RECORDS; THENCE SOUTH 28° 39' EAST 359.67 FEET TOA POINT
ON THE NORTHEASTERLY LINE OF THE PROPERTY CONVEYED TO C.W. NICHOLS AND ELLA NICHOLS,
BY DEED DATED AUGUST 27, 1927, AND RECORDED IN BOOK 1392, PAGE 184 OF DEEDS; THENCE
NORTH 61 ° 21' EAST 315.31 FEET TO THE MOST SOUTHERLY CORNER OF THE PROPERTY CONVEYED
TO MOYER C. PAYAN AND DORA C. PAYAN BY DEED DATED NOVEMBER 19, 1926, IN BOOK 1270, PAGE
277 OF DEEDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND NORTH 28° 39' WEST
359.67 FEET TO SAID CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE
SOUTH 61° 21' WEST 315.31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 5: (APN: 205-220-33 PORTION)
THAT PORTION OF TRACT 246 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF VALLEY STREET, SAID POINT BEI NG NORTH 28° 39'
WEST A DISTANCE OF 136.16 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE
NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY BOUNDARY LINE OF SAID TRACT 246;
THENCE SOUTH 61° 21' WEST A DISTANCE OF 799.75 FEET TOA POINT IN THE NORTHEASTERLY LINE
OF THE LAND DESCRIBED IN DEED TO WILLIAM D. JACOBS, ET UX, RECORDED JUNE 18, 1925, IN
BOOK 1095, PAGE 206 OF DEEDS; THENCE NORTH 28° 39' WEST ALONG SAID NORTHEASTERLY LINE
AND THE EXTENSION THEREOF, A DISTANCE OF 136.17 FEET TO THE MOST SOUTHERLY CORNER OF
THE LAND DESCRIBED IN DEED FROM SOUTH COAST LAND COMPANY TO WILLIAM P. DOWNS, ET AL,
RECORDED MAY 28, 1932 IN BOOK 130, PAGE 66 OF OFFICIAL RECORDS; THENCE NORTH 61 ° 21'
EAST ALONG THE SOUTHEASTERL Y LINE OF SAID DOWNS' LAND AND THE SOUTHEASTERL Y LINE OF
THE LAND DESCRIBED IN DEED FROM THE SOUTH COAST LAND COMPANY TO MOYER C. PAYAN, ET
UX, RECORDED NOVEMBER 19, 1926 IN BOOK 1270, PAGE 277 OF DEEDS, A DISTANCE OF 799.75 FEET
TOA POINT IN THE CENTER LINE OF SAID VALLEY STREET; THENCE SOUTH 28° 39' EAST ALONG SAID
CENTER LINE OF VALLEY STREET A DISTANCE OF 136.17 FEET TO THE POINT OF BEGINNING.
Page 2 of 3
PARCEL 6: (APN: 205-220-33 PORTION)
THAT PORTION OF TRACT 246 OF THUM LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STA!E OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF VALLEY STREET AND THE
NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERL Y BOUNDARY LINE OF SAID TRACT 246;
THENCE SOUTH 61° 21' WEST ALONG SAID SOUTHEASTERLY BOUNDARY LINEA DISTANCE OF 799.75
FEET TOA POINT, BEING THE SOUTHEAST CORNER OF THE PORTION OF SAID TRACT 246 CONVEYED
TO WILLIAM D. JACOBS AND WIFE, BY DEED FROM THE SOUTH COAST LAND COMPANY, A
CORPORATION, DATED MAY 25, 1925, RECORDED IN BOOK 1095, PAGE 206 OF DEEDS; THENCE
NORTH 28° 39' WEST ALONG THE NORTHEASTERLY BOUNDARY OF JACOBS' LAND A DISTANCE OF
136.16 FEET TOA POINT; THENCE NORTH 61 ° 21' EAST A DISTANCE OF 799.75 FEET TOA POINT ON
THE SAID CENTER LINE OF VALLEY STREET; THENCE SOUTH 28° 39' EAST ALONG THE SAID CENTER
LINE OF VALLEY STREET A DISTANCE OF 136.16 FEET TO THE POINT OF BEGINNING.
PARCEL 7: (APN: 205-220-33 PORTION)
THAT PORTION OF TRACT 246 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF MAGNOLIA AVENUE AND THE
CENTER LINE OF VALLEY STREET; THENCE ALONG THE SAID CENTER LINE OF VALLEY STREET; SOUTH
28° 39' EAST A DISTANCE OF 359.67 FEETTO A POINT; THENCE SOUTH 61° 21' WEST A DISTANCE OF
484.44 FEET TO A POINT; THENCE NORTH 28° 39' WEST A DISTANCE OF 359.67 FEET TO A POINT ON
THE CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG THE CENTER LINE OF MAGNOLIA AVENUE
NORTH 61 ° 21' EAST A DISTANCE OF 484.44 FEET TO THE POINT OF BEGINNING.
Page 3 of 3