HomeMy WebLinkAboutPD 2023-0012; Carlsbad Unified School District; 2024-0048197; Hold Harmless Agreement/Releasey
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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# 2024-0048197
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Feb 27, 2024 11 :08 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'S PARCEL NO.: 205-220-33-00 -----------PRO J E C T ID: PO 2023-0012
PROJECT NAME: Valley Middle School Campus
Modernization
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 542-9A) and
improvement plan (DWG 542-9A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, Carlsbad Unified School District of San Diego
Cou nty, 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 pu rsuant 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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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this /'$-A day of
,\"'"' tJ •ri/ ' 20 -z,4 .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By .~ ~E~ROST
Assistant City Attorney
City of Carlsbad
OWNER(S)
Carlsbad Unified School District of San Diego County,
California
By: -----=~=-------'--'-=~+-------
(Sign Here)
Date:
Eric Dill -Assistant Superintendent
(Print Name and Title)
I • I? .-z 1/
{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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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
A nota ry public or other officer com pleling !his certificate Yerifies only the identity of the indiYid ual who sign ed the document
to which this certificate is attached, and not the truthfulness, accuracy, or Yalidity of thai document.
State of Callfornla
Co u nty of 5.frrJ P ( f,.J.,, a }
On l -f ~ ,. 2,o~<( before me, ~ s. s~~A,IU, N<JCJHlt fv(f_L-, C..
Date C Here /nsert Name and Titte of the Officer
personally appeared ----~k.o,:::__.1..{l<_C _ _,]?"--_._l _l ....:L-'----------------
Name(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 thai 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 ;o
San Diego County ~
M Comm. Ex ires Oct. 13, 2024
Placc Notary Sea/ and/or Stamp Above
I certlfy under PENAL 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.
Slgnature2A Lx---
Signature of Notary Public
OPTIONAL -----------------,
Completing this Information con deter alteration of the document or
fraudulent reattachment of thls form to an unintended document
Descrlptlon ot Attached Document
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): ______ _ □ Corporate Officer -Tltle(s): ______ _
D Partner -D Llmlted D General □ Partner -□ Llmlted □ General
D lndlvldual D Attorney In Faet D lndlvldual D Attorney In Faet
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
D Other: D Other: _____________ _
Signer Is Representlng: ________ _ Signer Is Representlng: ________ _
(!!)2019 National Notary Association
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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 JOHNS.
DUNHAM, 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 NORTHEASTERLY 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 WITHA 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 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 JOHNS.
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 HIGHLAND 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 BEING 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,
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 VALLEY STREET AND THE
NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY 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 TOA POINT; THENCE NORTH 28° 39' WEST A DISTANCE OF 359.67 FEET TOA 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