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Home My WebLink AboutPR 99-44; Wave Crest Resorts, LLC; 2000-0456566; EasementRECORDING REQUESTED BY: Csus 25Ei 2cmo 11:oo #WI WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 D@c* moo - ousbsd MAIL TAX EXEMPT STATEMENTS TO: EXEMPT Ot-FICIfx RECORDS SW DIEGO COUNTY RECORDER’S ORXE 3747 GREGORY J. SNITH, coLRII1( RECORDER FEES: 0.00 oc: N A SPACE ABOVE THIS LINE FOR RECOR&j#j4JSE ,, : ::::; ‘i!;iz:>&i;,; _l_l __ ,: The undersigned grantor(s) decl~~~~eu)!:ji~:~~~,~~~~ ” ‘j i’:ijij: : :,: ,_ ,,: : ,‘I +J*:;‘*‘,i , : (t’ 21 O-l 00-l 9 Documentary transfer tax is$ ,; ,,I “;&$&&r’s,Parcel No.: Frojeot No. &‘FJame: ( ) computed on full value of ;, ,&QP 97-19 I ,p;R 99-44 ( ) computed on full value le ,~ encumbrances remaining at time.;ofsale. ( ) Unincorporated ~~~i:~~~;~~!~efCarlsbad, and ._ .’ !” ;;_;<,_ /,’ ,,~i ,, , <*i*iic‘_-l:: , ..: ‘, __, GRANT DEE&f&ji$@iVlENT ,l,, ,;, : y,’ ; :“q, ; h:, FOR A VALUABLE~CQNSIDERATION, receipt of which is hereby acknowledged, “’ _ : ,.‘ i W&veCrestResorts LLC, a California limited liability company ,‘:I ” hereby GRANTS,!! : ;i :;:j !! ‘~,I i :,( ‘:;: :I, __‘_I :$_:j, ,. !.A ,_‘, .:;I,._ 0 : I.‘: City of Carlsbad, ~~~~~~~~~~rarporafisn:: ‘_ ,!jl_ ,, _!i : ., ., s::, _,)I,, :, : ) G2 ‘, _, : ___ : : I. ‘j ::I!:? IS_ __. :_ the following described rea!‘~pru@-ty in the City of CartSbad, County of San Qiego, ,%&r of California: A. _, ., An easement for ,temporary access and construction (Parcel %s), and,:.:temporary access, construction, staging and ‘stur$ge ‘(Parcel “B”) as described in Exhibit “A” co&isting of two (2) pages, attached hereto and made a part hereof. Exhibit~YY consisting of one’(d) page is attached for clarity only. as, Use by the City of Carlsbad (the *C=ity”)‘bf each of the foregoing Easements is subject to the following limitations and restrictions to which the City shall ba.deemed to have agreed by its acceptance of this Deed: 1. Each Easement is temporary in nature, since the purpose of each is to enable the City to remove and realign Palomar Airport Road, located to the north of the Easements. Once such realignment is completed, each Easement shall be deemed automatically terminated. Following such completion, Grantor, or its successor, may request the City to supply such document or documents, such as a “Relinquishment of Easements” or “Quitclaim Deed,” in recordable form, as it may request in order to clear each such Easements from the public record as a cloud against Grantor’s fee title in the property over which the Easements are located (“Grantor’s Fee”), and the City shall provide any such requested document. Ill Ill Ill ill ill 3748 2. In that a hotel is presently being constructed upon Grantor’s Fee, which requires for its successful operation that it have ample access and parking for both its guests and suppliers, and minimum disruption of service to its guests, overall, City agrees for itself, and its contractors and agents, that it will: (a) At all times, keep open the access road (the “Access Road”), over which the Temporary Construction Access Easement is located, to hotel guests’ and suppliers’ vehicles, to the extent that such vehicles may travel to and from the northerly end of such Access Road; (b) At all times, keep its and its contractors’ and agents’ vehicles and other equipment from blocking ingress and egress from such Access Road to and from all parking on Grantor’s Fee, except the parking area at the north side of Grantor’s Fee, and, as to such north side parking area, the City shall minimize its and its contractors’ and agents’ parking of vehicles and other equipment, in s~~!~~~g are&so that hotel guests and suppliers may continue to park in:s~@&rea~$o’the e$$#~t no~~~X4@d by the City; (c) Give Grantor, Wav@,,:c~&$~ J&#& LLC, &OS& a’&~& js,& Second Street Suite ‘A’ Encinitas, Califo@&‘!&024, Tet#@&e (7&)@3-2440, at &ast ‘l5 days written’ notice in advance of the date it expects to:‘&tually cun%&nce usring the Easements, and at the same time, the nameof the City engineer or other employee?& contact.person, together with telepQ@t@~nnumber~,;with whom Grantor may commuri&ate with respect to any on- going c~~~~~~~~~d~~g the City’s use of the Easements; “I, :‘: ‘!:,,, (d) Ensure~!atth@~~&s contractor minimizes any damage to pro&ty and/by,!0 persons, includin@ an~%$&vements which; then, exist upon the Granto?#:‘F& inctu&ng without limitat/on, buildt&, paved”~arking.~~~~~~‘:~~d lan&caping. Grant&sha@:$@port any such damage caused by contractor, due to the construction and realig’rrmenf of’tbe Palomar Airport Roadl@rlsbad Boulevard intersection, to City immediately ‘ih’writing:“‘~‘City shall make a determination within thirty (30) days if damage was caused by the contractor and notify Grantor iii writing of the remedy available to Granto,r, If a dispute should arise regarding’ the reported damage, the following procddu+.,shall be ysed to resolve any question of fact or int&pret&ionnot otherwise settled,,by $Qr&emefifibetween:the parties. Such question(s). shall be @duced to writing into~$::,dispute statement prepared by an officer of%&antot%r its desk$iee. Such dispute&tement shall include recommended methods of ‘re%olu~on of bebefit to both :parties. Grantor shall deliver or mail the completed dispute s@tement to the Public Works Director,or it&.‘r#&ignee. Within ten (10) days’ af ,its f&x&$ of said dispute statement, the ‘PQblic Work& ‘Director or its designee shaatt reply in’writtbg ta such dispute statementby providing the grantor with its recommended method of r&Sotu@on, If Grantor rejects such proposed resolution, the Public Works Director,or ts d&gnee”dhatt~prepare a memorandum stating the dispute and forward it to the CQ@%,rncil for theirproposed resdlution~thiough the Office of the City Manager. The City i’@oouncil $hall’ revtew the ‘fap@ of the dispute and make such findings that it deems appropri&e$@d issue~~t$‘reco&%!nded resolution of the dispute. If Grantor does not concur with the’*City Council’s recommended resolution, Grantor may seek action in court. Nothing in the foregoing is intended to relieve any party, including without limitation, City, City’s contractor, or Grantor, of its respective obligations arising out of the terms of this deed or as otherwise required by law. (e) At all times, keep noise and dust from its use of the Easements to a minimum; (f) Insure that it and its contractors and agents will not move its vehicles or other equipment over the Easements before 7:30 a.m. or after 530 p.m., Monday through Friday, and will do no such moving on weekends or holidays; (g) Upon its completion of the alignment of Palomar Airport Road, give written notice to Grantor at the address listed under (c) above, of such fact, and of the fact that it no longer requires the Easements, and that it thereby relinquishes the Easements to Grantor or its successor, whichever may be the case. For this purpose “completion” shall mean the opening of the realigned Palomar Airport Road to vehicle use by the public; and Ill Ill Ill - - 3749 (h) In general, attempt in all reasonable ways to minimize disruption to the hotel operation upon Grantor’s fee. All provisions of the Grant Deed of Easement shall inure to the benefit of, and be binding upon, the Grantor and Grantee herein and each of their respective heirs, successors in interests and assigns. I DATED +27J- Wave Crest Resorts, LLC, a California limited liabilitv comoanv STATE OF CALIFORNIA (Name of Company) COUNTY OF SAN DIEGO : ,,‘i,, irprises, ia ,_11, Two Seas Ente .;~.,:;:;~~~~,~~‘.::. ,’ ;_, : .A?_. ;:, ._:::‘_ :’ By: :._-__-_ ., ,, .._ yf:~:..:~~~ ,’ ,fLI I. _ _.: ;.:_ __: : . . . . . ,” _, Inc., a Californi _I ., _’ ” : ,_’ ,_ ‘: corporation ” ” :. ! :I. 1“ ,$it&: Manager of W 3ve Crest _, Name: William L.1 Canepa Title: Presidenfj ‘$0 Seas ^,,>‘^,: , * ; t,j,: !.:::,, *, ,, Ik(8, ,,@.;!L” ,i‘gq&$% : ,,,. ‘:;: _; , ,,t t I”._ ,_ : :.Enterprisq#&. a .‘.$:i& !r), I ,A:;,. ,) I , C$ifornlg $&rnoratio (here insert name and’tit&‘$of the office persogally.ap~~ar~~~;,, ‘,, .,l’~ii:i~t Wf l/MM&, )‘“;;: >t ::,,,pga o, personally known to me:@r pfoved to me on the basis‘of evidence). to be the person(s),whose name(s) re subscrib# tothe w&n instrument and signature(s) “’ ,;, ; ‘i’,~,,~:‘~ ,,,_ :’ .’ on the instrument the p@f+sot~(~~~~~;~the entity upon behalf of which the person(s) &ted, exe$%Q@the instrument. :t _’ _ _, :I. ,.i WITNESS m ;,i $‘:: Signature: 3750 EXHIBIT “A’ PARCEL “A” - TEMPORARY CONSTRUCTION ACCESS EASEMENT ALL THAT PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 17,1998 AS DOCUMENT NUMBER 1998-07474 19 OF OFFICIAL RECORD OF SAN DIEGQ COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A STRIP OF LAND 24.00 FEET WIDE, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL “A”, NORTH 16’44’53” WEST 54.81 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID WESTERLY LINE, SOUTH 89025’20” EAST 282.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 19.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 113°04’03” A DISTANCE OF 37.49 FEET; THENCE TANGENT TO SAID CURVE NORTH 2229’23” WEST 424.28 FEET TO A POINT HEREIN AFTER REFERRED TO AS POINT “A”, SAID POINT ALSO BEING THE TERMINUS OF SAJD TEMPORARY CONSTRUCTION EASEMENT. THE SIDELINES OF SAID 24.00 FOOT WIDE EASEMENT SHALL BE PROLONGATED OR SHORTENED AT SAID WESTERLY LINE OF AFORESAID PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE. AREA= 17852.55 SQ. FT. 0.4098 ACRES MORE OR LESS PARCEL “B” - TEMPORARY ACCESS, CONSTRUCTION AND STORAGE EASEMENT ALL THAT PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 17,1998 AS DOCUMENT NUMBER 1998-0747419 OF OFFICIAL RECORD OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT “A” OF AFORESAID PARCEL “A” - TEMPORARY CONSTRUCTION EASEMENT, SAID POINT “A” BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 67”30’37” WEST 12.00 FEET; THENCE NORTH 73’47’11” WEST 26236 FEET; THENCE NORTH 16’12’49” EAST 53.58 FEET TO THE NORTHERLY LINE OF SAID PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE SOUTH 73O47’11” EAST 282.38 FEET TO THE NORTHEAST CORNER OF SAID PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE; THENCE 3751 SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL “A” OF %.ID CE?RTlFICATE OF COMPLIANCE, SOUTH 22O29’23” EAST 29.29 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 67’30’37” WEST 37.13 FEET TO THE TRUE POINT OF BEGINNING. AREA= 15310.07 SQ. FT. 0.35 15 ACRES MORE OR LESS REGISTRATION EXPIRES 9-30-02 6-18-99 DATE \ SCALE 1" = 100 FEET 1 I 5 29"49'13" w [RI 2 DELTA RADIUS 3' %'% 13:w \ \ ARC LENGTH 3 5 oiw39" WfRj \ \, N 88"42'21" E 55.56' N 16"44'53" W 70.87 N 16"44'53" W 54.81 N 89"25'2G- W 282.08 ;Ey;4'4r Wiry 113"04V3" RADIU5 19.00 ARC LEN(;Tti 37.49 N 67"30'31 E(R) 9 N 22*29)23u w 424.28 10 N 67"30'37" E 12.00 II N 73"47'11" W 262.36 12 N 16"12'49" E 53.58 13 N 73'47'11" W 202.30 14 N 22*29'2.3" W 29.29 gG -c.l \ r '-7 J 15 N 67"30'37" E 37.13 - -2 \j LEGEND PARCEL "A" INoIoITE5 TEMPORARY ACCE55 EAASEMENT m AREA lZ852.55 ;a FT 0.4098 ACR. gyyY.r~-0m~-3m I FL?= gels -I-MO7 SOldMAR CONDOMlNlUN PlAN EN 3 AS FW" -- nrrn.r n n R6r PARCEL "6 INDICATES TEMPOR4RY ACCE55, CONSTRUCTION & STORAGE &45EMENT M @u-.&P3044 U.K. r- 5-91-88 ARE4 15,310.07 511 FT . n 1Ic IS lr(7 T / 1 TEMPOR4RYACCESS. CONS~RUC7ZlON I l/d21 ;I ITLK 4PPLICANt WAMCRES7; LLC 929 SECOND SiXET, SUITE A TNCINITAS, CA. 92024 563CONS.DWG AND STORAGE EASEMENT to C/Ty OF CAR~SBAD SHEET 1 OF I SHEETS A.P.N. 210-100-19 PR 99-44 DATE 06-18-99 - 3753 EOFSECRETARY m 0 SEAS ENTEIWJWES, INC, I, the undersigned, William L. Canepa, do hereby certify that I am the duly elected Secretary of Two Seas Enterprises, Inc., a California corporation, and to the truth of the following facts: 1. The Members of Wave Crest Resorts LLC, a California limited liability company (the “Company”), effective as of September 18, 1998, entered into a certain Amended and Restated Operating Agreement for Palomar Beach Resort LLC, a California limited liability company (the “Agreement”). 2. Effective as of December 22, 1998, the Members of the Company changed the name of the Company from “Palomar Beach Resort LLC” to “Wave Crest Resorts LLC.” 3. By the terms of Section 5.3 A. of the Agreement, subject to certain limitations which are not applicable here, the Manager of the Company has full right and power to manage and carry out the purposes, business, and &airs of the Company. 4. By the terms of Section 2.6 of the Agreement, one of the specific purposes of the Company is to develop a hotel at the site of 6450 Carlsbad Boulevard, Carlsbad, California (the “Property”). 5. By the terms of Section 1.19 of the Agreement, the Manager of the Company is Two Seas Enterprises, Inc., a CaUornia corporation (the “Manager”). 6. I am the duly elected President and Secretary of the Manager. 7. On August 15, 1999, by unanimous action taken by the Manager’s two shareholders, myself and Lynn C. Cannady, the shareholders adopted the following resolution: Resolved, that William L. Canepa, the President of this company, is hereby given full decision-making authority, power, and discretion to manage and control all business and afTairs of Wave Crest Resorts, LLC, as its appointed manager, including performing all acts WAV5WliDocs~cate of Secretq I.5 . . .I 3754 and activities customary or incidental to such management, including executing all documents required in the course of such management without further signature(s) being required, including without limitation, specifically, all right and power to grant and execute easements over the Property in favor of the City of Carlsbad relating to the relocation of Palomar Airport Road, and an easement in favor of the Carlsbad Municipal Water District for water line and related purposes. Dated: August 3 1, 1999 d$v Secretary WAVSO-OliDocs~~ of Seadary CERTIFICATION FOR ACCEPTANCE OF DEED :,I,,. _I >’ ,,, _.. Lt <> ,_, , _:: ,_ ‘ ._j <$ ‘i I._. .i>, :, _,: : :~_ ,.I. ‘: : ;;;,; s ,’ i ” ,,,$ _$_j .; ,, _.. ‘:_!. i : This is to certifythat the interest in real property conveyed by the,deed or grant dated April 27, irO&~f&rn Wave Crest Resorts LLC, a California Limited’ Liability ” _: j ‘~ ‘,i i.s ,, ?.: ’ IS’. Company, to the City?% Carlsbad, a Municipal Corporation,& hereby accepted by the 111 . City Council ofthe ‘city of Car@b&d, California, pursuant to Ordinance No. NS-422, adopted on SeptemberifS, 1997, and the grantee consents to the recordation thereof by its duly authorired,:officei~,~,~‘,,~, ., ; : ,I I’ <“_ ,,_., $!j;:‘e : ,,I I” ,s .‘!‘S’I 2 ._;: ,., ,.iiii.~l: ‘ii G, :&:’ ,_jx “” ‘_ 3 $:$:i j ,,: _: i 3 ,l_ : :, ,>: .‘i:’ ; ., ,” tic ._ ,-.I, (_i<,: ,;,ics ‘k_1 > :’ ,, .‘, >_.’ DATED: July 25,200O JAPE BREITENFELD V Deputy City Clerk OF- m 0 SE&3 ENTEIUWSW, INC, I, the undersigned, William L. Canepa, do hereby certify that I am the duly elected Secretary of Two Seas Enterprises, Inc., a California corporation, and to the truth of the following facts: 1. The Members of Wave Crest Resorts LLC, a California limited liability company (the “Company”), effective as of September 18, 1998, entered into a certain Amended and Restated Operating Agreement for Palomar Beach Resort LLC, a California limited liability company.(the “Agreement”). 2. Effective as of December 22, 1998, the Members of the Company changed the name of the Company from ‘Palomar Beach Resort LLC” to “Wave Crest Resorts LLC.” 3. By the terms of Section 5.3 A. of the Agreement, subject to certain limitations which are not applicable here, the Manager of the Company has full right and power to manage and carry out the purposes, business, and affairs of the Company. 4. By the terms of Section 2.6 of the Agreement, one of the specific purposes of the Company is to develop a hotel at the site of 6450 Carlsbad Boulevard, Carlsbad, California (the “Property”). 5. By the terms of Section 1.19 of the Agreement, the Manager of the Company is Two Seas Enterprises, Inc., a C3Momi3 corporation (the “Manager”). 6. I am the duly elected President and Secretary of the Manager. 7. On August 15, 1999, by unanimous action taken by the Manager’s two shareholders, myself and Lynn C. Cannady, the shareholders adopted the following resolution: Resolved, that William L. Canepa, the President of this company, is hereby given full decision-making authority, power, and discretion to manage and control all business and af&irs of Wave Crest Resorts, LLC, as its appointed manager, including performing all acts WAV5O-OliDod~icate of Secrrtary and activities customary or incidental to such management, including executing all documents required in the course of such management without further signature(s) being required, including without limitation, specifically, all right and power to grant and execute easements over the Property in favor of the City of Carlsbad relating to the relocation of Palomar Airport Road, and an easement in favor of the Carlsbad Municipal Water District for water line and related purposes. Dated: August 31, 1999 WAV5041iDocs\CettificateoFScaetary