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Home My WebLink AboutPD 2020-0049; Carlsbad Unified School District of San Diego County, California; 2023-0049740; 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# 2023-00497 40 1111111111111111111111 111111111111111 lllll lllll lllll 1111111111 11111111 Feb 27, 2023 02:04 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.: 167-101-11-00, 167-101-26-00 L\-PROJECT ID: _P_D_20_2_0_-0_04_9 _____ _ )'J~ PROJECT NAME: Hope Elementary School HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 528-2A) 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 damage to public improvements caused by any geological failure referred to in this agreement 1 Q:\CED\Admin\B&AIPROJECTSIPD 2020-0049: GR2020-0035 • Hope Elementary School_A.McL\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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. Ill Ill /II /II Ill /II /II /II Ill /II /II Ill /II Ill Ill Ill Ill Ill Ill Ill /II /II 2 Q:\CED\Admin\B&AIPROJECTSIPD 2020-0049; GR2020-0035 -Hope Elementary School_A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 2 7-t.... day of ~" vAf t , 20'2.3. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By1DIU ~ RON KEMP Senior Assistant City Attorney City of Carlsbad OWNER(S) Carlsbad Unified School District of San Diego County, California By: (sign here) Eric Dill -Assistant Superintendent (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.) 3 O:\CED\Admin\B&A\PROJECTS\PD 2020--0049; GR2020-0035 • Hope Elementary School_A.McL\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 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 {), .o t, (.) } County of J?.:c fV _ ~;;.J On -.J(i,f\) .!),1 J.Jj.~ beforeme.ht.vl tJM,L ft, wh . Tin'ttl,/Vo'ia.fl-,</ /µ;lie_ Date f-J.._e 1 ~ef l7ert Name and Title of the Officer personally appeared -------~e_-~,e_i~e-~J}~--------------- \...._-----.. Name(s) of S/gner(s) -----------. who proved to me on the basis of satisfactory evldenc9--to be the person(sr whose name(W@are subscribed to the within Instrument and acknow~ed to me tha(~she/they executed the same ln@her/thelr authorized capacity~ and that by~her/thelr slgnature'5) on the Instrument the person!S,, or the entity upon behalf of which the person~acted, executed the Instrument. BARBARA A. WHITMER COMM. #2287695 z Notary Public • California ! San Diego County .. Comm. Ex ires Ma 6, 2023 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. Slgnature~L/ fiu rt a «l/4Gw; Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended d cument Description of Attached Document Title or Type of Document: -----------------,r,r~-------- DocumentDate: __________________ __,,-L Slgner(s) Other Than Named Above:----------,,~------------ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ SI r's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ Corporate Officer -Tltle(s): ______ _ o Partner -o limited o General o Partner -o Limited o General o Individual □ Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Con D Trustee D Guardian or Conservator D Other: -----------,,'----D Other: Signer Is Representing: ________ _ !02019 National Notary Association 4 Q:ICED\Admin\B&AIPROJECTS\PD 2020-0049; GR2020-0035 -Hope Elementary Schoot_A.McL\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of californla, described as follows: PARCEL 1: (APN 167-101-11) A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MAY 12, 1983, SAID POINT BEING THE WESTERLY TERMINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 70° 04' 46" EAST 699.57 FEET; THENCE ALONG SAID BOUNDARY AS FOLLOWS: NORTH 70° 04' 46" EAST 699.57 FEET; SOUTH 16° 49' 53" EAST 218.38 FEET; SOUTH 26° 10' 23" EAST 500.00 FEET, SOUTH 85° 29' 37" WEST 480.00 FEET; NORTH 39° 00' 23" WEST 372.00 FEET; NORTH 13° 46' 34" WEST 176.97 FEET; THENCE SOUTH 70° 04' 46" WEST 167.64 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 28° 37' 41" WEST 60.70 FEET TO THE POINT OF BEGINNING. PARCEL 2: (APN 167-101-26) THAT PORTION OF LOT "J" 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, NOVEMBER 16, 1896, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT LINE DESIGNATED AS NORTH 70° 04' 46" EAST 699.57 FEET IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, RECORDED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID LINE NORTH 70° 04' 46" EAST 190.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 15° 00' 00" WEST 151.19 FEET; THENCE NORTH 31° 30' 00" WEST 330.00 FEET; THENCE NORTH 64° 19' 45" EAST 656.87 FEET TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 76° 38' 48" WEST; THENCE 358.24 FEET SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 11' 05"; TRACT NO. SOUTH 16° 49' 53" EAST 203.60 FEET TO SAID LINE DESIGNATED NORTH 70° 04' 46" EAST 699.57 FEET; THENCE ALONG SAID LINE SOUTH 70° 04' 46" WEST 478.82 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: AN EASEMENT FOR THE PURPOSE OF CONSTRUCTING SLOPES, DRAINAGE FACILITIES, AND LANDSCAPING OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT A OF CARLSBAD TRACT 83- 21 UNIT NUMBER 1, THE TRAILS OF CALAVERA HILLS ACCORDING TO MAP NUMBER 11286, AS FILED JULY 15, 1985 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE CENTERLINE INTERSECTION OF TAMARACK AVENUE (60 FEET WIDE) AND WILSHIRE AVENUE (60 FEET WIDE); THENCE S 26° 10' 23" E 228.00 FEET ALONG THE CENTERLINE OF SAID TAMARACK AVENUE, THENCE S 63° 49' 37" W 30.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF TAMARACK AVENUE SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVED EASTERLY AND HAVING A RADIUS OF 330.00 FEET, THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 20° 57' 27" AN ARC LENGTH OF 120.71 FEET; THENCE S 85° 29' 37" W 255.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION THENCE S 4° 30' 23" E 50.00 FEET; THENCE S 85° 29' 37" W 60.00 FEET; THENCE N 4° 30' 23" W 50.00 FEET; THENCE N 85° 29' 37" E 60.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: COMMENCING AT THE CENTERLINE INTERSECTION OF TAMARACK AVENUE (60 FEET WIDE) AND WILSHIRE AVENUE (60 FEET WIDE); THENCE S 26° 10' 23" E 228.00 FEET ALONG THE CENTERLINE OF SAID TAMARACK AVENUE; THENCE S 63° 49' 37" W 30.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF TAMARACK AVENUE SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVED EASTERLY AND HAVING A RADIUS OF 330.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THORUGH A CENTRAL ANGLE OF 20° 57' 27" AN ARC LENGTH OF 120.71 FEET; THENCE S 85° 29' 37" W 471.21 FEET; THENCE N 39° 00' 23" W 140.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION THENCE S 50° 59' 37" W 60.00 FEET; THENCE N 39° 00' 32" W 90.00 FEET; THENCE N 50° 59' 37" E 60.00 FEET; THENCE S 39° 00' 23" E 90.00 FEET TO THE TRUE POINT OF BEGINNING.