HomeMy WebLinkAboutCT 14-08; Grand Pacific Carlsbad LP; 2016-0689246; EasementRECORDING REUllitSTt'U Bl
CHICAGO TIRE OOMPA~~"
WHEN RECORDED, MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2016-0689246
1111111111111111111111111111111111111111111111111111111111111111111111
Dec 15, 2016 04:53 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: AFNF
PAGES: 16
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 211-023-07,212-271-02,211-130-
05-00, 211-130-06-00
Project: DEV14056
Related Projects: CT140008, GPA140003,
ZC140002, SDP14011
Project Name: WESTIN HOTEL & TIMESHARE
VEHICLE AND PEDESTRIAN ACCESS, UTILITY AND PARKING EASEMENT
AGREEMENT AND GRANT OF EASEMENT DEED
The undersigned Grantor declares:
Documentary transfer tax is$ None (No Consideration-easement only)
[ ] computed on the full value of the interest or property conveyed, or
[ ] computed on the full value less the value of liens or encumbrances remaining thereon at the
time of sale.
[ ] unincorporated area, or
[ xxx] City of Carlsbad.
This Vehicle and Pedestrian Access, Utility and Parking Easement Agreement and Grant
of Easement Deed ("Agreement and Grant") is made to be effective as of the /5"" day of
{}JCem/ow?/ , 2016, by and between GRAND PACIFIC CARLSBAD, L.P., a California
limited partnership ("Grantor"), and the CITY OF CARLSBAD, a California municipal
corporation, and the CARLSBAD MUNICIPAL WATER DISTRICT, a California municipal
water district, as tenants in common ("Grantee") (with each party sometimes called a "Party," or
both the "Parties"), with respect to the following subject matter:
Background
A. Grantor is the legal fee owner of that certain real property legally described on Exhibit
"A" (the "Lot 12 Servient Tenement") and that certain real property legally described on
Exhibit "B" (the "Lot 15 Servient Tenement") attached hereto and made a part hereof.
The Lot 12 Servient Tenement and the Lot 15 Servient Tenement are sometimes
collectively referred to herein as the "Servient Tenement".
B. Grantee is the legal fee owner of that certain real property legally described on Exhibit
"C" attached hereto and made a part hereof (the "Hotel Addition Property").
Concurrently herewith, Grantee, as ground lessor, and Grand Pacific Carlsbad Hotel,
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Lot 12 and 15 Access and Parking
L.P., a Delaware limited partnership ("Hotel Addition Tenant"), as ground lessee, have
entered in that certain Ground Lease dated /'2...-;r;;-, 2016 (as the same may be
amended from time to time, the "Hotel Addition Ground Lease"), pursuant to which
Grantee will ground lease to Hotel Addition Tenant the Hotel Addition Property, upon
which land Hotel Addition Tenant intends to construct hotel rooms and ancillary
improvements that upon completion will be operationally integrated into the adjacent
Westin Hotel (the "Hotel Addition"). The Hotel Addition Property is referred to herein
as the "Dominant Tenement", and together with the Servient Tenement, the "Properties",
or individually, each a "Property".
C. Grantee desires to acquire certain easement rights in, over, under, across, through, and
along the Servient Tenement for the benefit of the Dominant Tenement, and Grantor is
willing to grant such rights, to become effective upon the expiration or any earlier
termination of the Hotel Addition Ground Lease, all in accordance with the following
terms.
Agreement and Grant of Easements
Now therefore, Grantor and Grantee hereby agree as follows:
1. Grant of Easements and Purpose. Grantor hereby grants to Grantee the following
permanent and nonexclusive easements (collectively, the "Easements"):
(a) a vehicle and pedestrian access easement in, over, across, through, and along the
road surface and walkway portions of the Lot 12 Servient Tenement for vehicle and
pedestrian ingress and egress purposes by Grantee's and its tenants' guests, visitors,
agents, employees, staff members, business patrons, service providers and other invitees
(collectively, "Permittees") as may be required for Grantee's and its tenants' use and
operation of the Dominant Tenement (the "Access Easement");
(b) a utility easement in, over, under, across, through, and along the Lot 12 Servient
Tenement for Grantee's installation, maintenance, repair, removal and/or replacement of
utilities, including underground water, sewer and other utilities, as may be required to
service Grantee's and its tenants' use and operation of the Dominant Tenement (the
"Utility Easement"), which Utility Easement will be limited to the actual location of the
utilities as installed; and
(c) a parking easement in, over, across, through, and along the parking lot on the Lot
15 Servient Tenement for vehicle ingress and egress and vehicle parking purposes by
Grantee and its Permittees as may be required for Grantee's and its tenants' use and
operation of the Dominant Tenement (the "Parking Easement").
2. Character of Easements. The Easements herein granted shall become effective,
without the need for action on the part of Grantor or Grantee, and commence upon the expiration
or any earlier termination of the Hotel Addition Ground Lease. The Easements shall thereafter
be appurtenant to, for the benefit of, and shall run with the land of, the Dominant Tenement, and
shall burden the Servient Tenement, and will remain in effect perpetually to the extent permitted
by law.
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3. Operation, Maintenance, Repair, and Upkeep. Grantor shall, at no cost to
Grantee, at all times operate, maintain, repair, and keep clean the improvements relating to the
Easements improvements, including road surface, walkways, landscaping, and all related
improvements (collectively, called here the "Improvements").
4. Relocation. During the term of this Agreement and Grant, Grantor shall have the
right to relocate on the Lot 12 Servient Tenement the utilities located on the Lot 12 Servient
Tenement pursuant to the Utility Easement herein provided that any such relocation: (i) shall be
performed only after sixty (60) days' written notice of the Grantor's intention to undertake the
relocation shall have been given to the Grantee; (ii) shall not unreasonably interfere with or
diminish drainage or utility service to Dominate Tenement served by the utilities; (iii) shall not
reduce or unreasonably impair the usefulness or function of the utilities; (iv) shall be performed
without cost or expense to the Grantee; and (v) written approval of the applicable governmental
agency having jurisdiction over such utilities, if any, has been obtained. Grantor shall provide
as-built plans for all such relocated utilities to the Grantee within ninety (90) days after the date
of completion of such relocation.
5. Entire Agreement. This Agreement and Grant contains the entire agreement
between the Parties relating to the Easements herein granted. Any oral representations or
modifications concerning this Agreement and Grant shall be of no force and effect excepting a
subsequent modification made in writing.
6. Arbitration of Disputes. In the event of a dispute between the Parties and/or any
of their successors relating to their respective rights and duties under, or the interpretation of, this
Agreement and Grant, any such Party may cause the same to be referred to binding arbitration in
San Diego County, California, to be administered by, and to be in accordance with the then
prevailing commercial rules of, the American Arbitration Association. The decision of the
arbitrator in this matter shall be final and conclusive upon the issue or issues in question. The
arbitrator may include in his, her, or their decision an award for costs and/or attorneys' fees in
favor of the prevailing Party or Parties against any one or more of the other Parties to the
arbitration.
7. Attorneys' Fees. In the event of any controversy, claim, or dispute relating to this
Agreement and Grant, the prevailing Party shall be entitled to recover from the losing Party such
prevailing Party's reasonable expenses, attorneys' fees and costs.
8. Binding Effect. This Agreement and Grant shall be binding on, and shall inure to
the benefit of, the Grantor and the Grantee, and all successors and assigns of each of them, and
all or any portion of the Dominant Tenement, and all or any portion of the Servient Tenement,
subject to the terms of Paragraph 2 above.
9. Subordination; Effect of Breach of Agreement on Lien of Mortgage or Deed of
Trust. Any lien granted, obtained, held or recorded to or by a party pursuant to any provisions of
this Agreement and Grant against any of the Properties which are the subject of this Agreement
and Grant shall be junior and subordinate to all mortgages and deeds of trust made in good faith
and for value and which are now or hereafter constituted as an encumbrance upon a Property or
any portion thereof. Except as provided in the immediately preceding sentence, all of the
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-3-Lot 12 and 15 Access and Parking
easements, covenants, and other provisions contained in this Agreement and Grant shall be
deemed superior to all mortgages and deeds of trust made in good faith and for value hereafter
constituted as an encumbrance upon the Properties or any portion or estate thereof. The breach
of or the attempt to breach any of the easements, covenants or other provisions contained herein
shall not defeat, affect, or render invalid a lien or charge of any such mortgage or deed of trust
made in good faith and for valuable consideration; provided, however, that all such easements,
covenants, and other provisions shall remain in full force and effect, as herein provided,
notwithstanding the foreclosure and subsequent foreclosure sale of any mortgage or deed of trust
which shall hereafter constitute an encumbrance upon the Properties or any portion or estate
thereof. No party acquiring title to any Property pursuant to any such foreclosure sale shall have
liability for damages or otherwise related to any breach occurring prior to such foreclosure sale
or for any unpaid liens, assessments or other amounts pertaining to the period prior to such sale,
but shall be subject to curing, within a reasonable time period following acquisition of title, any
non-monetary default still continuing after the occurrence of such foreclosure sale and which is
reasonably susceptible of cure. Acceptance of a deed in lieu of foreclosure shall be deemed
equivalent to the completion of a foreclosure sale for purposes of the foregoing provisions.
10. Estoppel Certificates. Within twenty (20) days following receipt of written
request therefore, either Party shall deliver to the other Party or to any mortgagee or prospective
mortgagee an estoppel certificate stating as of the date of such certificate whether the certifying
Party has knowledge (a) of any default under this Agreement and Grant (and if there are any
defaults, specifying the nature thereof) and the date thereof; (b) of any modification or
amendment in any way of this Agreement and Grant (and if it has, then stating the date and
nature thereof); (c) that this Agreement and Grant is in full force and effect: and (d) such other
matters as may be reasonably requested. Such statement may be relied upon by the addressee of
the estoppel certificate.
11. Liens. If any mechanic's lien or similar lien is filed against the Servient Tenement
as a result of services performed (or alleged to have been performed) or materials furnished (or
alleged to have been furnished) for the use of or by either Party, such Party shall cause such lien
to be discharged of record within sixty (60) days after receipt of notice of the existence of such
lien, either by payment, bonding or other lawful manner. Grantor shall pay or cause to be paid
all real estate taxes and assessments applicable to the Servient Tenement prior to delinquency
and shall keep the Servient Tenement free of any liens for taxes. Subject to the foregoing,
nothing herein shall prevent the Grantor from contesting the validity of any such lien.
12. Counterparts. This Agreement and Grant may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
DOCS 121163-000001/2723723.7
4828-6518-9948.5
-4-Lot 12 and 15 Access and Parking
Executed to be effective as of the date first above written.
4828-6518-9948.5
GRANTOR:
GRAND PACIFIC CARLSBAD, L.P.,
a California limited partnership
By: Grand Pacific Development, Inc.,
a California corporation, its General
Partner
[Signature page to Vehicle and Pedestrian
Access, Utility and Parking Easement
Agreement and Grant of Easement Deed]
Lot 12 and 15 Access and Parking
GRANTEE:
rporation
Approved as to form and legality:
~~~ ceia 13rewer:cit)lttorney
ATER
district
By:_"""""""'"--~f---,.~-------
Name:
Title: Executive Manager
Approved as to form and legality:
DOCS 121163-000001/2723723.7
4828-6518-9948.5
[Acknowledgments on following pages]
[Signature page to Vehicle and Pedestrian
Access, Utility and Parking Easement
Agreement and Grant of Easement Deed]
Lot 12 and 15 Access and Parking
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 )
) ss.
2:16 b.efore me, H o.r; te!. r e \ll'11A V\ v10t{.\ r ~lAb\ ,c_
personally appeared J · tr\ 'C personally known to me (or proved o
me on the basis of satisfactory evtaence) to b the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
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.
)
) ss.
)
personally appeared 1 personally known to me (or prove to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary blic m and for satd State
4828-6518-9948.5 Lot 12 and 15 Access and Parking
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 )
) ss.
)
WITNESS my hand and official seal.
SHEILA R. COBIAN @ Commission# 2020389 z c Notary Public • California J I San Diego County ... t o o o o oMl :oT"!; ~tr! =•J l0}l1 tl
(SEAL)
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
COUNTY OF _____ _
)
) ss.
)
On , 2016, before me, -------
personally appeared personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
4828-6518-9948.5 Lot 12 and 15 Access and Parking
DOCS 121163-000001/2723723.7
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 )
) ss.
) coUNTYOF San"D·..e~()
On \lee.. 12, ~1\p , 20 16, befod me, S · Cn i N
personally appeared '=Vl q Cfu_t0fQC personally known to me (or ved to
me on the basis of satisfactory evidence) )g.,_ be the person whose name is subscribed to the within
instrument and acknowledged to me tha~~xecuted the same i~ authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Pub m and for smd State
(SEAL)
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 )
) ss.
COUNTY OF _____ _ )
On , 2016, before me, -------
personally appeared personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
4828-6518-9948.5 Lot 12 and 15 Access and Parking
DOCS 121163-000001/2723723.7
CONSENT, JOINDER AND SUBORDINATION
OF GRANTOR'S LENDER
The undersigned, as the beneficiary under that certain Construction Deed of Trust,
Security Agreement and Fixture Filing with Assignment of Rents, Proceeds and Agreements
(A&D Deed of Trust) dated April 22, 2013 and recorded on April 23, 2013 as Instrument
No. 2013-0251471 ("ZB DOT"), which deed of trust encumbers the Servient Tenement (as
defined in the Vehicle and Pedestrian Access, Utility and Parking Easement Agreement and
Grant of Easement Deed ("Agreement and Grant")) to which this Consent, Joinder and
Subordination is attached (the "Subject Property") hereby (i) consents to the Agreement and
Grant, (ii) agrees that its interest in the Subject Property (including its interest in the Subject
Property pursuant to the ZB DOT) shall be (A) subject and subordinate to the terms and
provisions of the easements granted and created in the Agreement and Grant, and (B) pari passu
to the interests of Pacific Life Insurance Company, as beneficiary ("Pacific Life") under the
Construction to Permanent Deed of Trust, Financing Statement and Security Agreement (With
Assignment of Rents and Fixture Filing) of substantially even date with the Agreement and
Grant, made by Grand Pacific Carlsbad Hotel, L.P., a Delaware limited partnership ("GPCH"), as
trustor, in favor of Pacific Life (the "Pacific Life DOT"), and pursuant to which GPCH
encumbers its interest in the Easements (as defined in the Agreement and Grant) and certain
other property owned by GPCH as security for an up to $85 million loan from Pacific Life;
provided, that the pari passu interests referenced in clause (B) are only applicable to the
easements granted to GPCH under the Agreement and Grant such that (i) upon foreclosure or
deed in lieu of foreclosure of the ZB DOT, such easements and Pacific Life's interest in such
easements under the Pacific Life DOT will continue in full force and effect, and (ii) upon
foreclosure or deed in lieu of foreclosure of the Pacific Life DOT, such easements will continue
in full force and effect without any effect on the ZB DOT (provided that no subsequent
foreclosure or deed in lieu of foreclosure of the ZB DOT will terminate or otherwise effect such
easements), and (iii) joins in the grant and any reservation of easements set forth in the
Agreement and Grant to the extent of its interest in the Subject Property and to the extent such
easements are in, over or upon any portion of the Subject Property.
"GRANTOR'S LENDER"
4828-6518-9948.5
ZB, N.A., a national banking association,
dba ~al ... Bt.:~rizona
Ry:~ (},
Name:. /:Ptr-JtiJA.:/ /'{llO
Its: vve
Lot 12 and 15 Access and Parking
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 ARIZONA
COUNTY OF MARICOPA
)
) ss.
)
On (:l-7-d-Ol (R , before me, Jane f gay , a Notary Public
in and for said state, personally appeared Kn'e:>tel\ Carreno ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity, and that by his/her signature on the instrument, the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
4828-6518-9948.5
JANET RAY'-··
Notary Public • State of Arizonc
MARICOPA COUNTV
My Commission Expire~
October 14, 2020
Lot 12 and 15 Access and Parking
EXHIBIT "A"
DESCRIPTION OF LOT 12 SERVIENT TENEMENT
(APN 211-130-05-00)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 12 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND
TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15332, FILED
IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006.
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EXHIBIT "A"
-1-
Lot 12 and 15 Access and Parking
EXHIBIT "B"
DESCRIPTION OF LOT 15 SERVIENT TENEMENT
(APN 211-130-06-00)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 15 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND
TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15332, FILED
IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006.
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4828-6518-9948.5
EXHIBIT "B"
-1-
Lot 12 and 15 Access and Parking
EXHIBIT "C"
DESCRIPTION OF DOMINANT TENEMENT
HOTEL ADDITION PROPERTY
(APN 211-023-07 and portion of APN 212-271-02)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A OF THAT CERTAIN CERTIFICATE O..E,...COMPLIANCE FOR ADJUSTMENT
PLAT (ADJ 16-08) RECORDED DECEMBER /) , 2016, AS DOCUMENT NO.
2016-QlO~]G ( OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS F AND H OF RANCHO AGUA HEDIONDA, ACCORDING
TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896 AND A PORTION OF LOT 9 OF CITY OF
CARLSBAD CT 09-03, ACCORDING TO MAP THEREOF NO. 15902, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 4, 2013,
BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE SAID LOT 9;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 9, NORTH 00°04'15" EAST, A
DISTANCE OF 110.04 FEET TO SOUTHEAST CORNER OF SAID LOT F, THE NEXT
THREE (3) COURSES BEING ALONG THE BOUNDARY LINES OF SAID LOT F;
THENCE NORTH 89°55'45" WEST, A DISTANCE OF 120.00 FEET TO THE SOUTHWEST
CORNER OF SAID LOT F;
THENCE NORTH 00°04'15" EAST, A DISTANCE OF 160.00 FEET TO THE NORTHWEST
CORNER OF SAID LOT F;
THENCE SOUTH 89°55'45" EAST, A DISTANCE OF 120.00 FEET TO THE NORTHEAST
CORNER OF SAID LOT F, SAID POINT ALSO BEING ON THE WESTERLY LfNE OF
SAID LOT 9;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 9, NORTH
00°04'15" EAST, A DISTANCE OF 181.30 FEET TO THE NORTHWEST CORNER;
THENCE LEAVING SAID NORTHWEST CORNER AND ALONG THE NORTHERLY
LINE OF SAID LOT 9, NORTH 79°29'29" EAST, A DISTANCE OF 122.80 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 12°39'48" WEST, A DISTANCE
OF 195.66 FEET;
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EXHIBIT "C"
-1-
Lot 12 and 15 Access and Parking
THENCE SOUTH 44°59'43" EAST, A DISTANCE OF 135.72 FEET; THENCE SOUTH
45°00'17" WEST, A DISTANCE OF 134.38 FEET;
THENCE SOUTH 00°00'17" WEST, A DISTANCE OF 65.23 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT 9;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE, SOUTH 71 °27'08" WEST, A
DISTANCE OF 83.68 FEET TO THE POINT OF BEGINNING.
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EXHIBIT "C"
-2-
Lot 12 and 15 Access and Parking
CERTIFICATION FOR ACCEPTANCE OF VEHICLE AND PEDESTRIAN
ACCESS, UTILITY AND PARKING EASEMENT AGREEMENT AND
GRANT DEED OF EASEMENT
(City of Carlsbad and CMWD)
This is to certify that the interest in real property conveyed by the grant
deed of easement for pedestrian access PURPOSES in, over, across, through,
and along said Servient Tenement dated December 13, 2016, from Grand Pacific
Carlsbad, L.P., a California limited partnership, to the City of Carlsbad, California,
a municipal corporation, and to the Carlsbad Municipal Water District, a Public
Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carlsbad, is hereby accepted by the City Council of the City
of Carlsbad, California, and by the Board of Directors of the Carlsbad Municipal
Water District, California, and the grantee consents to the recordation thereof by
its duly authorized officer.
DATED: December 13, 2016
(SEAL)