HomeMy WebLinkAboutPD 08-07; CARLSBAD UNIFIED SCHOOL DISTRICT; 2010-0550416; 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 it 2010-0550416
OCT13.2010 8:34 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
s
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 168-050-46 and 168-050-
19
PROJECT ID: PD 08-07
PROJECT NAME: Carlsbad High School at
Cannon and College
RELATED PROJECT ID: DWG 459-9A
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan DWG 459-9A, for development
to occur on property more particularly described as Exhibit A, I/We, Carlsbad Unified School
District, the owners 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.
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this j;
day of ^pffTTOkEA-. 20 f Q
OWNER(S)
CARLSBAD, UNIFIED SCHQOL DISTRICT
^uL,
(Sign Here)
(Print Name and Title)
Date:
By: _
(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
(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.)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me,
personally appeared
(Here insert name'and title of the offfc'er)
who proved to me on the basis of satisfactory evidence to be the person(^J whose name^ is/a)^ subscribed to
the within instrument and acknowledged to me that he/s^e/tr^y executed the same in his/))<pr/tH)4r authorized
capacity(r^), and that by his/Mr/tr^r signature^ on the instrument the person^), or the entity upon behalf of
which the personm acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. .
a^~ri^ c*
WITNESS my hand and official seal.
11*1042
Signature of Notary Public
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of al^hcd document)
(Title or description of attached document continued)
Number of Pages _ Document Date „
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D
D
D
D
n
n
Individual (s)
Corporate Officer
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
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signer(s) personally appeared before the notary public for acknowledgment.
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must also be the same date the acknowledgment is completed.
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commission followed by a comma and then your title (notary public).
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notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /ate) or circling the correct forms. Failure to correctly indicate this
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
* Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
•»• Indicate title or type of attached document, number of pages and date.
<• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Those portions of Lots D and East of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No.
823, filed in the Office of the County Recorder of San Diego, November 16, 1896,
described as follows:
Beginning at an angle point in said Lot E, said angle point being designated Point
13 on said Map 823,
Thence along the South line of said Lot E South 89° 26' 32" East 100 feet (South
89° 30' 04" East 100 feet per deed),
Thence North 6° 09' 18" West 451.70 feet (North 6° 06' 45" West 451.76 feet per
deed) to an angle point in the boundary of land shown on Record of Survey No.
6616, filed in the office of the County Recorder of San Diego County, formed by
their Courses North 51° 47' 48" East 1165.49 feet and North 4° 20' 50" East
963.88 feet. Said angle point is also shown as a "Found 2" pipe with tag stamped
LS 2940. Disturbed replace with 2" pipe with tag stamped "RCE 6486" on Record
of Survey 7918, filed in the office of the County Recorder of San Diego County;
Thence North 4° 20' 50" East 963.73 feet (North 4° 20' 50" East 963.88 feet per
Deed),
Thence North 1° 11' 10" East 896.00 feet (North 1° 12' 15" East 896.00 feet per
deed) to the true point of beginning,
Thence continuing per said Record of Survey 7918 North 1° 11' 10" East 375.14
feet and North 18° 19' 26" West 205.03 feet to an angle point shown on said
Record of Survey 7918,
Thence along the Northerly line of said Record of Survey 7918 North 77° 03' 22"
East 1032.98 feet,
Thence leaving said North line. South 8° 33' 55" East 704.44 feet to an angle
point in the boundary of said Record of Survey 7918 shown as "Found 2" pipe
with tag stamped "RCE 6486 No Record",
Thence along the boundary line of said Record of Survey South 84° 20' 35" West
1060.12 feet (North 84° 21' 03" East 1060.12 feet per deed) to the true point of
beginning.
Assessor's Parcel Number: 168-050-46
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
That portion of Lot E of Rancho Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 823, filed in the
Office of the County Recorder of San Diego County, described as follows:
Beginning at an angle point in said Lot E, said angle point being designated
"Point 13" on said Map No. 823, said point of beginning also being the Northwest
corner of Lot B of said Rancho Agua Hedionda, being noted as "Point 12" for Lot
B on said Map No. 823;
Thence along the boundary line common to Lots B and E South 89° 30' 04" East,
100.00 feet (record South 89° 26' 35" East);
Thence North 6° 06' 45" West, 451.76 feet to an angle point in the boundary of
the land shown on Record of Survey Map No. 6616, filed in the Office of the
County Recorder of San Diego County, formed by the courses "North 51° 47' 48"
East 1165.49 feet" and "North 4° 20' 50" East, 963.88 feet; and the true point of
beginning;
Thence North 4° 20' 50" East, 963.88 feet;
Thence North 1° 12' 15" East, 896.00 feet;
Thence North 84° 21' 03" East, 1060.12 feet;
Thence South 33° 11' 55" East, 891.30 feet to a line that bears North 53° 22' 17"
East from the True Point of Beginning;
Thence South 53° 22' 17" West, 2037.20 feet to the true point of beginning.
Except those portions conveyed to the City of Carlsbad by Grant Deed recorded
April 1, 2003 as Instrument No. 2003-362012, of Official Records.
Assessor's Parcel Number: 168-050-19-00