HomeMy WebLinkAbout83-222; LA COSTA HOTEL AND SPA; 87-598022; Easement1S52
KCOMHNG REQUESTED BY
TICOR ME INSURANCE COMPANY OF CALIFORNIA
PLEASE RECORD THIS DOCUMENT AT
NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT. GOV. CODE (6103)
WHEN RECORDED, PLEASE MAIL TO:
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
Assessor's Parcel No. 216-123 -04
Project Name £ No. La-Costa Hotel t Spa
CRMWD Project No. 83-222
H7 598022
:f TCT 23 nil*; ?.',
VI.!-'.", I..1.V! •' Ii:MNlY liUu-*,.'ll<
— 1
NOFK
DOCUMENTARY TRANSFER
TAX: None
COSTA REAL MUNICIPAL
WATER DISTRICT
Johrf''P. Honley,'Secre
Board of Directors
ESSEMENT
LA COSTA HOTEL fc SPA, a California general partnership
do hereby grant to COSTA REAL MUNICIPAL WATER DISTRICT, a Public
Agency organized is the Statr of California, its sucessors and
assigns, an easement.
PURPOSE: The easement granted herein shall be granted for the
following purpose-s: the construction, operation, repair,
reconstruction and all activiites necessary to construct,
reconstruct, operate, maintain and repair facilities designed for
the general purpose of collecting, storing transporting, pumping
and treating all water, including surface water, stream water,
flood water and ground water flowing into said facilities, and
all natural and artificial drainage ditches and structures of any
kind, whether above or below the surface of the ground.
I BCA /"•too'
1553
Said facility may include pipelines, pumping facilities,
structures designed to control the flow of water and all
facilities and structures assoicated with said use which are
designed to facilitate the use and protect the facility from
natural and other forms of damage including, but limited to,
erosion control facilities, fences, gates doors, locking devices,
alarms, lights, and all other such protective facilities and
devices. The use shall also include a means of access to and
from said facility for the purpose of constructing, operating,
repairing, maintaining, inspecting and reconstructing said
facility.
The uses described herein shall be exclusive to the Grantee.
Grantor herein agrees that no buildings and/or structures will be
erected, walls constructed, fences built nor trees planted, nor
may the easement be used by the Grantor or any other person or
entity, including other utilities, whether public or private, for
uses whether compatible or incompatible with the uses described
herein without the express written approval of the Grantee,
including, without limitation, as provided in Exhibit "B"
attached ("Hold Harmless Agreement").
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the
properties more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof.
LA COSTA HOTEL AND SPA, a
California General Partnership
COSTA REAL MUNICIPAL
HATER DISTRICT
By
A)lard Roen
its Managing General Partner
Dated October 16. 1987
Spfan M. Haasl
its President,
Board of Directors
Dated
(Attach Notary Acknowledgement)
CRMWD 83-222 La Costa Hotel «. Spa
2
J-
.TE 0-7-ff? ~\
\
<M
O
ftate of California )
County of ..\ni A'<f )
-fl,
On this A day of»e the undersigned,
personally appeared
. in the year ////. beforea Notary Public in and for said utate,
A lltt d /?«e i)personally known to
M (or proved to mm on the basis of satisfactory evidence) to be
the person who executed this instrument, on behalf of tMpartnership and acknowledged to me that the partnership executed
It.
_Ii9n«tut« of Notary Seal
-*-*-!OFFICIAL SEAL
&AR6AKA I TREMMEiNOT/urr nuinie • C*U»O«MI»UH D«eo cornn
My Mmm. TOirn OCT 1, ITO
CKMMD 83-222 La Costa Hotel t Spa
3
•M
t
1555
This is to 'certify that the interest is real property
conveyed by the Deed dated 0<2re&*=£- /£ _ , 1987, from
_ La Costa Hotel S Spa _
as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Municipal
Hater District organized and existing under the Municipal Water
District Act of 1911, as amended, is hereby accepted by order of
the Board of Directors of the COSTA REAL MUNICIPAL WATER DISTRICT
on O C 70 /%££• ~?J _ , 1987, and the Grantee consents to
recordation thereof by its duly authorized officer.
Dated , 1987
COSTA REAL MUNICIPAL WATER DISTRICT
By:
John P" He'nley, Secretary
Board of Directors
\
CRMWD 83-222 La Costa Hotel t Spa
\n
o«
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1S56
RICK ENGINEERING COMPANY
3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008
TELEPHONE • AREA CODE 619 • 729-4987
'" -"~m
»»•«•!, I ,A COSTA HOTEL, AND SPAUJ JWKHUNE EASEMENT (ENTRANCE LOOP)10-12-87
FABC.il, A
EXHIBIT "A"
Page 1'of 10
An ••••••nt 10 feet wide over those portions of Section 26 and
Motion 35 both in Township 12 South, Range 4 West, San
••cnardlno meridian, in the City of Carlsbad, in the County of
••n Di«go, State of California, according to official plat
thereof, being a 10.00 foot wide strip of land lying 5.00 foot on
••oh ltd* and parallel with the following described centerline:
COMMENCING at the Southwest corner of Lot 129 of La Costa Valley
Unl' No. 1 according to Map No. 5434, on file in the office of
the County Recorder of said County, also being a point on the
Bouthvrly boundary line of said Map No. 5434; thence along the
Southerly boundary line thereof North 85°39'08" West (North
IS*)}1:!" West per Map. No. 5434) 62.00 feet to a point on the
ctntvrllno of a waterllne easement recorded March 21, 1969 a'l
fll«/l'«<j« 49124 of Official Records, thence along said centerline
of (Milling easement the following courses: South 4"20'52" West
IM.M feet to the beginning of a tangent 218.16 foot radius
ourv* concave Westerly, thence Southerly along the arc of said
curve through a central angle of 3°41'08" a distance of 14.03
fn«t to a point on the arc of an non-tangent 358.00 foot radius
corv* concave Southerly, said point being the TRUE POINT OF
•K01NNING a radial line to said point bears North 0°06'03" East;
th»nc» leaving said centerline of existing easement along the
c»n»«tlin« of this easement Easterly along the arc of said curvn
thiough a central angle of 22°2V51" a distance of 140.15 feet,
th*nc« South 67'28'06" East 62.00 feet to the beginning of 3
t«r>'j»nt 192.00 foot radius curve concave Northerly; thence
K**torlv along the arc of said cu'rve through a central angle of
M*J»')»" a distance of 48.57 feet; thence South 81°57'42" East
tit.00 f»*t to point A-l, thence continuing South 81°57'42" East
1.00 tent to the beginning of a tangent 273.00 foot radius curve
coneav* Southwesterly, thence Southeasterly along the arc of said
curv» through a central angle of 11*13'48" a distance of 53.51
f»»t to point A-2, thence continuing Southeasterly along the arc
of ««l<1 curve- through a central angle of 11"53'29" a distance of
*»,*» f*«t to point A-3, thence continuing along the arc of said
cvirv* through a central angle of 25°01'50" a distance of 119.26
fo»t to point A-4, thence continuing along the arc of said curve
through a central angle of 5°30'10" a distance of 26.22 feet,
lh»nc» South 28°18'25" East 4.08 feet to point A-5, thence
contlrulnq South 28'18'25" East 11.25 feet to point A-6, thence
continuing South 28"18'25" East 22.75 feet to the beginning of a
t«nq»nt 158.00 foot radius curve concave Westerly, thence
• nti'hvr 1, along the arc of said curve through a central angle of
ti'Ol'OS" a distance of 49.78 feet to point A-7; thence
continuing Southerly along the arc of said curve through a
C*ntr«l »nql«- of 22°18'17" a distance of 61.51 feet; thence South
U'Ol'M" West 7.71 feet to the beginning of a tangent 173.00
t . •• >* ..*.«»«»
mut.ii
Imritt
DE&CHIPTION
.!,.,«
»«u Ml »»•« MKI
0 V 1S57
RICK ENGINEERING COMPANY
3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008
TELEPHONE • AREA CODE 619 • 729-4987
8984-L LA COSTA HOTEL AND SPA
WATERLINE EASEMENT (ENTRANCE LOOP)
R.B.
"J.W.10-12-87 2°"3
EXHIBIT "A"Page 2 of 10
foot radius curve concave Northwesterly, thence Southwesterly
along the arc of said curve through central angle of 29°10'08" a
distance of 88.07 feet to point A-8 thence continuing along the
arc of said curve through a central angle of 13°36'38" a distance
of 41.10 feet to point A-9; thence continuing along the arc of
said curve through a central angle of 1°50'03" a distance of 5.54
feet to point A-10; thence continuing along the arc of said curve
through a central angle of 2e41'18" a distance of 8.12 feet to
point A-ll; thence continuing along the arc of said curve through
a central angle of 12°14'39" a distance of 36.97 feet to a point
of compound curvature of a 323.00 foot radius curve concave
Northerly; thence Westerly along the arc of said curve through a
central angle of 20«15'24" a distance of 114.20 feet, thenc-j
North 88e08l53" West 56.80 feet to the beginning of the tangent
427.00 foot radius curve concave Southerly; thence Westerly
along the arc of said curve through a central angle of 7°22'10" a
distance of 54.92 feet to the point A-12; thence continuing
Westerly along the arc of said curve through a central angle of
1"25'18" a distance of 10.60 feet to the point A-13; thence
continuing along the arc of said curve through a central angle of
0°21'48" a distance of 2.71 feet to a point of compound curvature
of a 157.00 foot radius curve concave Southerly thence Westerly
along the arc of said curve through a central angle of 14"13'34"
a distance of 38.98 feet, thence South 82«16'34" West 54.85 feet
to a point on a line that is 5.00 feet Eanterly and parallel with
the Easterly boundary line of Map No. 6129 on file in the office
of the County Recorder of said County said line beering North
21°31'43" West (North 21°29'56" West per Hnp 6129) through said
point and said point being the POINT OF TEhMINUS, together with
the following parcels:
Parcel A-l: A 10 foot easement the center line of which begins at
the herein above dor.crlhed point A-l; thence North
8°02'18" East IS.00 foot.
Parcel A-2: A 10 foot easement the centerline of which begins at
the herein above iler.cr i bed point A-2; thence North
19"16'06" East 14.50 feet.
Parcel A-3: A 10 foot easement the centerline of which begins at
the herein above described point A-3; thence North
31"09'35" East 34.50 feet.
Parcel A-4s A 10 foot easement the centerline of which begins at
the herein above described point A-4; thence North
56°11'25" East 14.50 fppt.
Parcel A-5: A 10 foot easement the centerllne of which begins at
the herein above described point A-5; thence South
61°41'35' West 42.00 fret.
TITVf CO.•crcooci
L:
COMPANY
0*0 UNO.
j.i:£! ]
1558
FORM 4*1 DAWCO MCSI
RICK ENGINEERING COMPANY
3088 PIO PICO DR.
TELEPHONE •
. SUITE 202 • CARLSBAD, CA 92008
AREA CODE 619 • 729-4987
8984-L
ICCAl OCKHIPTIOM PON-' ~~~~LA COSTA HOTEL AND SPA
WATERLINE EASEMENT (ENTRANCE tOOP)
R.B.
J.W.10-12-87
EXHIBIT "A" , Page 3 of .1.0Parcel A-6: A 10 foot easement the centerline of which begins at
the herein above described point A-6; thence North
61e41'35" East 18.00 feet; thence South 88°18'?.5"
East 8.66 feet.
Parcel A-7: A 10 foot easement the centerline of which begins at
the herein above described point A-7; thence South
79S11'44" West 39.13 feet.
Parcel A-8: A 10 foot easement the centerline of which begins at
the herein above described point A-8; thence South
48°46'55" East 20.56 feet; thence South 78°14'04"
East 17.50 feet.
Parcel A-9: A 10 foot easement the centerline of which begins at
the herein above described point A-9; thence North
35'10'17" West 47.22 feet.
Parcel A-10: A 10 foot easement the centerline of which begins at
the herein above described point A-10; thence South
S7°57'34" East 15.71 feet.
Parcel A-ll: A 10 foot easement the centerline of which begins at
the herein above described point A-ll; thence South
30'38'56" East 21.27 feet; thence South 9°40'56"
West 26.36 feet.
Parcel A-12: A 10 foot easement the centerline of which begins at
the herein above described point A-12; thence South
5°31'03" East 32.88 feet; thence North 61058'57"
East 19.30 feet.
Parcel A-13: A 10 foot easement the centerline of which begins at
the herein above described point A-13; thence South
6°56'21" East 18.00 feet.
The side lines of said 10 foot easement to be extended or
shortened to meet at angle points and to bogin on raid 218.16
foot radius curve through the TRUE POINT OF nfiGINNIrlG and to end
on said parallel line bearing North 21*31'4J" West through the
POINT OF TERMINUS.
LI
'tf'b'l (H8i'S7'2l-lt/PaMPK0.5UI\
CMaiina nmi.ni.tni. LHJIIWUII
W. 3-21-W FILUPAGINO. MU O.K.
&$*'' g^5m s®s/ K! ^.<.i
^^^%^z:^/v^ \.„""•;..J\. i&&\
LA COSTAHOT [LANO SPAENTRANCE LOOP
P°M ^ S* ^ v ^ 5R^ ^^^^
PLAT TO ILLUSTRATE F-xmnir -A
Z/»^ DESCRIPTION OF
u COSTA mm AND SPA(ENTRANCE LOOP)
[ro«M ttl'cuwco rum 1560
fUNNINC CONSLJITANTJ
»* NO,
8984-L
ni%ii* cniiinc
3088 PIO PICO DR. •
TELEPHONE .
LA COSTA HOTEL AND SPA
. SUITE 202 • CARLSBAD, CA 92008
AREA CODE 619 . 729-4987
WATERLINE EASEMENT (SOUTHERLY AREA)
PARCEL B EXHIBIT "A"
Page 5 of 10
R.B.""•"•j.w. 10-12-87 1 or2
An easement 10 feet wide over those portions of Section 26 and
Section 35 both in Township 12 South, Range 4 West, San
Bernardino meridian, in the City of Carlsbad, in the County of
San Diego, State of California, according to official plat
thereof, being a 10.00 foot wide strip of land lying 5.00 foot on
each side and parallel with the following described centerline:
BEGINNING at the Southwest corner of Lot 129 of La Costa Valley
Unit No. 1 according to Hap No. 5434, on file in the office of
the County Recorder of said County, also being a point on the
Southerly boundary line of said Hap No. 5434, thence along the
Southerly boundary line thereof North 85°39'08" West (North
85<>37I21" West per Hap No. 5434) 62.00 feet to a point on the
centerline of a waterline easement recorded March 21, 1969 as
File/Pagj 49324 of Official Records, thence along said centerline
of existing easement the following courses: South i020'52" West
152.52 feet to the beginning of a tangent 218.16 foot radius
curve concave Westerly, thence Southerly along the arc of said
curve through a central angle of 30°02'39" a distance of 114.40
feet to a point of reverse curvature of a 162.00 foot radius
curve concave Easterly, thence 'Southerly along the arc of said
curve through a central angle of 57°30'00" a distance of 162.58
feet> thence South 23"06129" East 147.18 feet to point B-1;
thence continuing South 23°06'29" East 62.62 feet to the TRUE
POINT OF BEGINNING, thence leaving said centerline of existing
easement along the centerline of this easement North 68°28'17"
Eas': 85.02 feet to a point on a line that is 5.00 feet Easterly
and parallel with the Easterly boundary line of Map No. 6129 on
file in the office of the County Recorder of said County, thence
along said parallel line South 21°31'43" East; (South 21°29'56"
East per Map No. 6129) 164.38 feet to point B-2; thence
continuing South 2 1 °31'43" East 27.21 foot; thence South
21°33'07" West 84.30 foet; thenco South 26°39'58" East 29.49
feet; thence South 32°17'34" East 63.93 feet to point B-4; thence
continuing South 32°17'34" East 35.00 feot to point Y; thence
continuing South 32°17'34" East 52.60 feet; thence South
53"32'16n East 23.83 feet; thence South 77°56'19" East 20.58
feet; thence North 57"03'41" East 98.96 feet to point B-3; thenco
continuing North 57°03'41" East 28.64 feet; thence South
32°06'29" East 30.00 feet to point H-r>; thonco continuing South
32"06'29" East 110.90 feot; thence South 75°17'33" East 39.93
feet to point Z; thence North 78°25'16" Knst 111.86 foet to the
beginning of a tangent 200.00 foot rndinn curve concave
Southerly; thence Easterly along the arc o£ s.iid curve through a
central angle of 11°15'00" a distance oC 39.27 foet; thence North
89*40'16" East 68.13 feet to the POINT OP TERMINUS. Together
with the following parcels:
tlTvf CO.
1
COMMNf M oCIC*>rilOM I
-""• °'" '1 1
~r"" -—' r.:;: ^^. |1 m.Ai r / /(.y
«ewi»ion»
['
<fcr,
'S,
JOI M.8984-L .tl«*t DISCIIMION FOR-'
LA COSTA HOTEL AMD SPA
WATERLTNE EASEMENT (SOUTHERLY .AREA)
" R.B.
CHK'O.J.W.10-12-H7
SMKCT
2°'2
t 4M JAWCO FUSS
w 1561
RICK ENGINEERING COMPANY I
3088 PIO PICO DR.
TELEPHONE •
SUITE 202 • CARLSBAD, CA 92008
AREA CODE 619 • 729-4987
EXHIBIT "A" Pago 6 of 10 . .Parcel B-l: A 2U foot easemgnt tha centerline of which begins at
the herein above described point B-l; thence North
66°53'31" East 15.00 feet.
Parcel B-2: A 10 foot easement the centerline of which begins at
the herein above described point B-2; thence North
68°28'17" East 21.UO feet.
Parcel B-3: A 10 foot easement the centerline of which begins at
the herein above described point B-3; thence South
57°42'26" West 15.00 feet.
Parcel B-4: A 10 foot easement the centerline of which begins at
the herein above described point B-4; thence North
32"56'19" Wast 14.50 feet.
Parcel B-5: A 10 foot easement the centerline of which begins at
the herein above described point B-5; thence South
57«53'31" West 11.00 feet.
The side lines of said 10 foot easement to be extended or
shortened to meet at angle points and to begin on said line
bearing South 23°06'29" Eaut through the TRUE POINT OF BEGINNING.
tint u.COM,**,
QRDCRNO. 1 CATC
DDCHIPTlOM NCVI)ON 3
(M
\
03
\f>
MAP NO. 5434562
^ *• ^<"> ^fe
/«Xt39'58'W/^i00. M> <-x^*x-^"r"i®F^&&*&\ *%%<»* .
'SS^^f^A ^/JKW* \ fe
39.93'
PLAT TO ILLUSTRATE
LEGAL DESCRIPTION OF
WATERLINE EASEMENT
LA COSTA HOTEL S SPA
SOUTHERLY AREA
EXHIBIT "A" Pnry* 7 of 1Q
RICK •NOINMHniNO COMPANY
OVH. «MoiNa««*-aunv«voi*«-M.
ff-7-87
(M
O
'./^
CD
wrvttrntsr 1563
RICK ENGINEERING COMPANY I MffiiM
EXHIBIT "A"
i Page 8 of 10
An easement 10 feet wide over those portions of Section 26 and
Bectlon 35 both in Township 12 South, Range 4 West, San
Bernardino meridian, in the City of Carlsbad, in the County of
San Dingo, State of. California, according to official plat,
thereof, being a 10.00 foot wide strip of land lying 5.00 foot on
etch side and parallel with the following described centerline:
COMMENCING at the Southwest corner of Lot 129 of La Costa Valley
Unit No. 1 according to Map No. 5434, on file in the office of
the County Recorder of said County, also being a point on the
Southerly boundary line of said Map No. 5434, thence along the
Southerly boundary line thereof North 85°39'08" West (North
85*37'21H West per Map No. 5434) 62.00 feet to a point on the
centerline of a waterline easement recorded March 21, 1969 as
file/Page 49324 of Official Records, thence along said centerline
of dilating easement the following courses; South 4°20'52" West
152.S2 feet to the beginning of a tangent 218.16 foot radius
curve concave Westerly, thence Southerly along the arc of said
curve through a central angle of 3°41'08" a distance of 14.03
feot to a point on the arc of an non-tangent 358.00 foot radius
curve concave Southerly, a radial lino to said point bears North
0*Q6'0)" Hast; thence leaving said centerline of existing
easement Easterly along the arc of said curve through a central
angln of 22°25'51" a distance of 140.35 feet, thence South
*7*28'06" Kast 62.00 feet to the beginning of a tangent 192.00
foot radlun curve concave Northerly; thence Easterly along the
arc of H.iid curve through a central angle of 14°29'36" a distance
of 4B.17 feet) thence South 81°57'42>1 East 130.00 feet to the
beginning of a tangent 273.00 foot radius curve concave
Southwesterly, thonce Southeasterly along the arc of said curve
through a central angle of 53°39'17" a distance of 255.65 feet;
th*ni-p South 28"18'25" East 4.-08 feet to the TRUE POINT OF
BEGINNING of thr centerline of this easement; thence North
5«*40'02" Eist 102.72 feet; thence South 78°14'04" East 154.00
f««t to point X; thence North 11045'56" East 108.23 feet; thence
North 0"43'14H West 33.18 feet to point C-l, thence continuing
North 0*43'14" West 146.82 feet t-> the beginning of a tangent
iSO.OO foot radius curve concave Westerly, thence Northerly along
the *rc of said curve through a central angle of 8"28'06" a
distance of 81.29 feet; thence North 9°11'20" West 96.64 feet to
point C-2, thence continuing North 9°11'20 West 40.00 feet to
point C-4, thence continuing North 9°11'20 Wo.'jt 180.39 feet to
th« beginning of a tangent 360.00 foot radius curve concave
Ka»terly, thence Northerly along the arc of said curve through a
central angle of 17°26'45" a distance of 109.62 feet to point C-
%, thence continuing along the arc of said curve through a
central angle of 0°05'55" a distance of 0.62 feet; thence North
man;-;• •»•«• 1ti««n« rnrrrij- TSTri
({Vr>VFt'N CK-MWD $ i4 COSTA
"TO r&
-L PA
-«• HA'
3088 PIO PICO DR.
TELEPHONE .
COSTA
rERl.INE
HOTEL AND
EASEMENT
. SUITE 202
AREA CODE
SPA
(NORTHERLY AREA)
• CARLSBAD,
619 .
CA 92008
729-4987
R.R.c"*'°j.w.10-12-87 1 0>'2
PROJECT NLfVt^H
CALE /"'/OP' I n/>TE /0-7'ff7
t
1564
•»{-«:
8984-L LA COSTA HOTEL AND SPA
MATFRT.TNF. KASFMRNT (NORTr.KDT.V APFA)
" R.D.
CMK'O.
.T . W
DATE
10-12-87
SHUT
2 °'2
we DAWCO MCSS
RICK ENGINEERING COMPANY
3088 PIO PICO DR.
TELEPHONE .
SUITE 202 • CARLSBAD, CA 92008
AREA CODE 619 . 729-4987
EXHIBIT "A" Page 9 of 10
8*21'20" East 44.35feet to point C-V;thence continuing North
8°21'20" East 229.88 feet; thence North 39°45'05" West 113.37
feet to a point on the Southerly line of that certain waterline
easement recorded July 11, 1974 as File/Page No. 74-185051 of
official records, said point being the POINT OF TERMINUS.
Together with the following described parcels:
Parcel C-l: A 10 foot easement the centerline of which begins at
the herein above described point C-l; thence South
89°16'46" West 14.50 feet.
Parcel C-2: A 10 foot easement, the centerline of which begins at
the herein above described point C-2; thence South
80°48'40" West 50.00 feet; thence North 87°56'20"
West 70.00 feet to point C-3, thence continuing
North 87°56'20" West 10.00 feet; thence South
2"03'40" West 22.13 feet.
Parcel C-3: A 10 foot easement the centerline of which begins at
the herein above described point C-3; thence South
2°03'40" West 30.18 feet.
Parcel C-4: A 10 foot easement the conterline of which begins at
the herein above described point C-4; thence South
80°48'40" West 14.50 feet.
Parcel C-5: A 10 foot easement the centerline of which begins at
the herein above described point C-5; thence North
81°44'35" West 123.00 feet; thence South 53"15'25"
West 20.71 feet to point C-6; thence continuing
South 53°15'25" West 40.05 feet.
Parcel C-6: A 10 foot easement the ccnterlino of which begins at
the herein above described point C-6; thence South
36°44'35" East 23.68 feet.
Parcel C-7: A 10 foot easement the conterline of which begins at
the herein above doncribcd point C-7; thence North
81°38'40" Went H.OO feet.
Tho side lines of said 10 foot easement to be extended or
shortened to meet at angle pointn and to begin on said line
bearing South 28°18'25" East through the TRUE POINT OF BEGINNING
and to end on Southerly line of naid water lino easement.
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PLAT TO ILLUSTRATE LEGAL
DESCRIPTION OFWATERLINK
LA COSTA HOTEL AND SPA
(NORTHERLY AREA)DOI1BIT "A"pnr». in of
•NOINMMPtlNOI COMPANY
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EXHIBIT "8*
Page j. of 4
EXHIBIT "B"
HOLD HARMLESS AGREEMENT
BETWEEN COSTA REAL MUNICIPAL WATER DISTRICT
LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL PARTNERSHIP
THIS AGREEMENT is made by the Costa Real Municipal Water District
hereinafter called "CRMWD," and La Costa Hotel and Spa, a
California general partnership, hereinafter called "La Costa
Hotel and Spa," owner of that real property described as portions
of Section 26 and Section 35 both in Township 12 South, Range 4
West, San Bernardino meridian, in the City of Carlsbad, in the
County of San Diego, State of California, according to the
official plat thereof.
Lf Costa Hotel and Spa agrees to assume all responsibility for
the construction and maintenance of the structures adjacent to
the existing eight inch (8") and six inch (6") water pipes, in
the City of Carlsbad, as shown on attached Exhibit "B" attached
hereto and made a part hereof and as CRMWD reference No. 83-222,
and assumes all responsibility for damage caused by said
structures to water facilities owned by tho CRMWD, or to said
structures by breakage, leakage, repair, maintenance, or
relocation of said water line. Damage shall include but not be
limited to the following) execeasive bearing loads caused by
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EXHIBIT "B-
Page 2 of 4
said structures, or failure of walls due to the excavation of
said existing eight inch (8") and six inch (6") pipelines by the
CRMWD. The structures referred to herein are more specifically
the walls, buildings, and walkways adjacent to and over the eight
inch (8") and six inch (6") pipelines lying within the herein
described easement referenced as parcels A, B, and C, and more
particularly between point A-8 of said parcel A to point X of
said Parcel C, and between point Y of said Parcel B to point Z of
said parcel B, all as shown on attached Exhibit "B".
La Costa Hotel and Spa further agrees to defend, indemnify,
protect and hold the CRMWD and its agents, officers, and
employees harmless from and against any and all claims asserted
or liability established for damages or inj lies to any person or
property, which arises from or are connected with or are caused
or claimed to be caused by said structures, or repairs,
maintenance, or relocation of said waterlinos and all expenses of
investigation and defending against same; provided that the duty
of La Costa Hotel and Spa to indennify and hold harmless; shall
not include any claims or liability arising from the established
sole negligence or willful misconduct of CRMWD, its agents,
officers or employees.
Recognizing that in exchange for the consideration of La Costa
(BETWEEN HOTO.-SW) I
-. 1568
EXHIBIT "B"
Page 3 of'?
Hotel and Spa to hold the CRMWD harmless, the CRMWD District will
allow the existing construction of facilities to remain which may
be potentially detrimental to said existing eight inch (8") and
six inch (6") water pipelines. La Costa Hotel and Spa
acknowledges that the easement being granted concurrently with
this agreement would not be accepted by CRMWD but for these
covenants and promises that CRMWD will be held harmless.
The terms and conditions of this agreement shall be binding on
future owners of the subject property, and shall be recorded with
the easement for the pipeline referred to herein.
IN WITNESS WHEREOF, this agreement is executed by the Costa Real
Municipal Water District and by La Costa Hotel and Spa, a
California general partnership.
DATE OP EXECUTION:
October |f, 1OH7
LA COSTA HOTEL AND SPA, a
California general partnership
Allard Roen
Managing General Partner
83-222 La Costa Hotel « Spa
DATE OF EXECUTION:
COSTA REAL MUNICIPALWATER DISTRICT
bsan M. Haasl, President
L* COSTA Ham.-
VICINITY MAP
NO it ALE
EXHIBIT "B"
HOLD HARMLESS AGREEMENT
RICK •NOIIMKBRINO COMPANY
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