HomeMy WebLinkAboutCT 15-08; Grand Pacific Carlsbad Hotel, L.P.; 2024-0278462; Permanent Stormwater AgreementRECORDING REQUESTED BY :
City of Carlsbad
Development Services Department
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2024-0278462
1111111 11111 lllll 111111111111111111111111111111 lllll 111111111111111111
Oct 16, 2024 12:23 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $47.00 (S82 Atkins: $0.00)
PAGES: 12
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 211-131-19-00 ---------------
PROJECT ID. CT 15-08 (CD 2023-0012)
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT
DATE OF AGREEMENT: October 15, 2024 -------'----------------------
O W N ER NAME: Grand Pacific Carlsbad Hotel, L.P., a Delaware limited partnership
PROJECT NAME: Marbrisa Hotel 6
RESOLUTION NUMBER: 7124 APPROVAL DATE: 10/07/2015 _____________ _:_--'------------
CONDIT 1O N NUMBER: 39 --------------------------
DRAWING NUMBER: DWG 547-8A _ ___;___; ______________________ _
This Agreement is made and entered into by and between the City of Carlsbad, Ca lifornia, a Municipal
Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, its
successors, and assigns, hereinafter referred t o as "Owner". The term "successors and assigns" as used in
this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351(a) and
commonly referred to as a property owners association.
RECITALS
WHEREAS Owner is proceeding to develop a property more particularly described in Exhibit A,
hereinafter referred to as "the Property"; and
WHEREAS, development of the Property has been approved by the City, and is su bject to the
requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No.
ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works
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Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water
regulations" and incorporated herein by this reference: and
WHEREAS the Owner is required to comply with all Federal, State and Local storm water regulations
by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as
"permanent BMP(s)"to ensure impacts to storm water quality are mitigated to the Maximum Extent
Practicable (MEP) prior to being discharged from the Property; and
WHEREAS, the City and the Owner, its successors and assignees agree that the health safety, and
welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed,
inspected, and operated and maintained in perpetuity on the Property; and
WHEREAS the storm water regulations require that permanent BMP(s) be established, constructed,
and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any
homeowner or property owner association; and
WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report
and drawing(s) which together detail the objectives, design, construction, inspection and operation and
maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to
storm water quality due to the development of the Property, hereinafter collectively referred to as the
"Storm Water BMP Plan" and incorporated herein by this reference; and,
WHEREAS, storm water regulations require that the City ensure the continued existence
and inspection, operation, and maintenance of the permanent BMP(s); and
WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the
project that secures the construction, inspection, operation and maintenance of on-site permanent BMP(s)
by the Owner, its successors, and assigns, including any property owner's association, in perpetuity, and
NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises,
the mutual covenants contained herein, and the following terms and conditions, Owner and City
agree as follows:
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1. Owner shall comply with all the requirements of said storm water regulations and any
applicable amendments thereto, and with any other provisions of law.
2. The permanent BMP(s) shall be established and constructed by Owner, its successors, and
assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and
modification to the approved permanent BMP(s) shall not be made without prior approval of the City
Engineer.
3. Owner, its successors, and assigns, including any homeowner or property owner association,
shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public)
pipes and channels built to convey storm water to the facility, as well as all private structures,
improvements, and vegetation provided to control the quantity and quality of the storm water runoff and
any associated practices and programs. Adequate maintenance is herein defined as good working condition
so that the permanent BMP{s) are performing in accordance with their design objectives and functions.
4. Owner, its successors, and assigns, shall inspect applicable permanent BMP(s) as often as
conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any
event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued
safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet
structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a
form as prescribed in the Storm Water BMP Plan or as may be prescribed by the City. Deficiencies shall be
noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a
record form and immediately remedied by the Owner.
5. Owner shall maintain inspection, operation, and maintenance records for at least five (5) years.
These records shall be made available to the City for inspection upon request at any time.
6. Owner, its successors, and assigns, hereby grant permission to the City, its authorized agents,
and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems
necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and
Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints.
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The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to
commence with the repairs or corrective measures if necessary.
7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain
the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the
Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Owner, its successors, and assigns. This provision shall not be
construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of
the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent
BMP(s) facility footprint described on the Storm Water BMP Plan if an easement is not provided. It is
express ly understood and agreed that the City is under no obligation to routinely maintain, or repair said
facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.
8. Owner, its successors, and assigns, will perform the work necessary to keep the permanent
BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent
BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed.
9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any
funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner,
its successors, and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof
for all actual costs incurred by the City hereunder. If not paid within the prescribed time period, the City
shall secure a lien against the Property in the amount of such costs. The actions described in this section are
in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure
to maintain the permanent BMP(s).
10. Owner agrees that the permanent BMP{s) are privately-owned, operated and maintained by
the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain
them nor a Waiver of Defects by City.
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11. Owner agrees that all residual material that is a byproduct of the proper operation and
maintenance of permanent post-construction BM P's (waste) will be disposed of according to all federal,
state, and local regulations.
12. Unless otherwise specifically provided herein, all notices, demands or other communications
given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery,
or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back-
up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail,
return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to
Owner shall be addressed as follows:
Notices to the Owner shall be delivered to the following:
Name: Grand Pacific Carlsbad Hotel, LP.
Address: 5900 Pasteur Court Suite. 200
Address: Carlsbad, CA 92008
Telephone No.: 760-431-8500
E-mail Address: harnold@gpresorts.com
Notices to City shall be delivered to the following:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: City Engineer
Telephone No.: (442) 339-2750
Each party sha ll notify the other immediately of any changes of ownership or address that
would require any notice delivered hereunder to be directed to another Owner and/or to another address.
In the event Owner fails to notify City of any change of ownership, the new Owner and the Owner whose
name appears above, or whose name and address has been subsequently provided to the City pursuant to
this provision, shall jointly be responsible for the operation and maintenance of any permanent post-
construction BMP's on the Property and for any required annual verification statements until such time as
the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the
provisions of this section.
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13. The City or any officer or employee thereof shall not be liable for any injury to persons or
property occasioned by reason of the acts or omission of Owner, its agents, or employees in the
performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials, and
employees from any and all claims, demands, causes or action, liability, or loss of any sort because or arising
out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including
claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of
the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall
extend to injuries to person and damages or taking of property resulting from the design or construction of
said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the
diversion of waters from the design, construction or maintenance of drainage systems, streets, and other
improvements.
14. This Agreement shall be recorded against the Property and shall constitute a covenant running
with the land and shall be binding upon Owner.
15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other
provisions and all other provisions shall remain in full force and effect.
Ill
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IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its
City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution,
and by Owner.
GRAND PACIFIC CARLSBAD HOTEL, L.P., a Delaware
limited partnership
(Name of Owner)
By ~ •
Timothy J. Stripe
(print name here)
Co-President
Grand Pacific Carlsbad Hotel, L.P.
(title and organization of signatory)
CITY OF CARLSBAD, a municipal corporation of
the State of California
JA , ..
En ineering Manager
(Proper notarial acknowledgment of execution by OWNER 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.)
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
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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 }
~~j__
who proved to me on the basis of satisfactory evidence to be the perso~whose nam~.d9are subscribed
to the within Instrument and acknowledged to me that~he/they executed the same lnOJher/thelr
authorized capaclt)ltleSJ, and that b~/her/thelr slgnafure;sf on the Instrument the perso~. or the entity
upon behalf of which the person~acted, executed the Instrument.
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.
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: __________________________ _
Document Date: ____________________ Number of Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _
o Partner -o Limited o General o Partner -o Limited o General
□ Individual
o Trustee
□ Attorney In Fact □ Individual □ Attorney In Fact
o Guardian or Conservator D Trustee o Guardian or Conservator
□ Other: o Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
<02019 National Notary Association
Page 8 of 8 01/25113
ACKNOWLEDGMENT
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 SAN DIEGO
on October 15, 2024 before me, AMBER DAN, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_a_s_o_n_S_._G_e_l_d_ert ____________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Signature ~111~ (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (ADJ 2016-0001)
RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0688877 OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1 OF ADJ 15-02, CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, RECORDED
ON NOVEMBER 19, 2015 AS DOCUMENT NO. 2015-0601382 AND A PORTION OF PARCEL A OF ADJ 12-02,
CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, RECORDED ON APRIL 2, 2012 AS DOCUMENT
NO. 2012-0187408, BOTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 36° 02' 20" EAST,
A DISTANCE OF 65.81 FEET; THENCE SOUTH 88° 02' 53" EAST, A DISTANCE OF 79.30 FEET; THENCE
SOUTH 63° 51' 08" EAST, A DISTANCE OF 96.38 FEET; THENCE SOUTH 11 ° 56' 19" EAST, A DISTANCE OF
96.12 FEET; THENCE SOUTH 00° 02' 37" WEST, A DISTANCE OF 142.42 FEET; THENCE SOUTH 14° 42' 30"
EAST, A DISTANCE OF 128.67 FEET; THENCE SOUTH 03° 24' 48" WEST, A DISTANCE OF 27.80 FEET;
THENCE NORTH 79° 58' 33" WEST, A DISTANCE OF 91.62 FEET; THENCE SOUTH 58° 37' 29" WEST, A
DISTANCE OF 114.57 FEET; THENCE SOUTH 31 ° 22' 31" EAST, A DISTANCE OF 16.75 FEET; THENCE
SOUTH 58° 37' 29" WEST, A DISTANCE OF 176.70 FEET TO A POINT ON A NON-TANGENT 353.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 60° 34' 17"
WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04° 10' 38", AN ARC LENGTH OF 25.74 FEET TO THE BEGINNING OF A 522.00 FOOT RADIUS REVERSE
CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 64° 44' 55" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ° 30'
30", AN ARC LENGTH OF 287.06 FEET TO THE BEGINNING OF A 358.00 FOOT RADIUS REVERSE CURVE,
CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 33° 14' 25" EAST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 23' 30", AN
ARC LENGTH OF 208.64 FEET; THENCE NORTH 23° 22' 05" WEST, A DISTANCE OF 32.96 FEET; THENCE
NORTH 14° 56' 33" EAST, A DISTANCE OF 34.93 FEET; THENCE NORTH 34° 44' 54" WEST, A DISTANCE
OF 1.93 FEET; THENCE NORTH 66 ° 37' 55" EAST, A DISTANCE OF 446.92 FEET TO THE POINT OF
BEGINNING.
PARCEL 2:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "PARKING EASEMENT AGREEMENT AND GRANT OF EASEMENT DEED", RECORDED
DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689332 OF OFFICIAL RECORDS, IN, OVER, UNDER,
ACROSS, THROUGH , AND ALONG THE FOLLOWING DESCRIBED LAND:
LOT 16 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 AND
PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (ADJ 15-02)
RECORDED NOVEMBER 19, 2015, AS DOCUMENT NO. 2015-0601383 OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT A
(Continued)
BEING A PORTION OF PARCEL C AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT
PLAT RECORDED AS DOCUMENT 2012-0187410, OFFICIAL RECORDS ON APRIL 2, 2012, RECORDED IN
THE OFFICES OF THE COUNTY RECORDER COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL C, BEING A COMMON CORNER TO
LOT 4 AND THE EASTERLY LINE OF LOT 12 AS SHOWN ON MAP NO. 15332 RECORDED AS DOCUMENT
NO. 2006-0311804;·THENCE ALONG THE BOUNDARY OF PARCEL C THE FOLLOWING COURSES NORTH
66°37'55" EAST A DISTANCE OF 203.90 FEET; THENCE NORTH 21°37'55" EAST A DISTANCE OF 8.34
FEET' THENCE NORTH 23°22'05" WEST A DISTANCE OF 69.83 FEET; THENCE SOUTH 43°14'03" WEST A
DISTANCE OF 19.21 FEET; THENCE NORTH 46°45'57" WEST A DISTANCE OF 13.00 FEET TO THE
BEGINNING OF A 37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°25'10", AN
ARC LENGTH OF 17.06 FEET; THENCE NORTH 73°11'07" WEST A DISTANCE OF 93.79 FEET;·THENCE
NORTH 16°48'53" EAST A DISTANCE OF 55.46 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF
11 .51 FEET;·THENCE NORTH 66°37'55" EAST A DISTANCE OF 170.75 FEET; THENCE SOUTH 23°22'05"
EAST A DISTANCE OF 74.00 FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 100.00 FEET;
THENCE SOUTH 23°22'05" EAST A DISTANCE OF 138.00 FEET; THENCE NORTH 66°37'55" EAST A
DISTANCE OF 35.12 FEET; THENCE SOUTH 36°02'20" EAST A DISTANCE OF 34.96 FEET; THENCE
LEAVING THE BOUNDARY OF SAID PARCEL C SOUTH 66°37'55" WEST A DISTANCE OF 446.92 FEET TO A
POINT ON THE EASTERLY LINE OF SAID LOT 12; THENCE ALONG SAID LOT 12 NORTH 34°44'54" WEST A
DISTANCE OF 38.88 FEET TO THE POINT OF BEGINNING.
FOR THE PURPOSE OF VEHICLE AND PEDESTRIAN INGRESS AND EGRESS AND VEHICULAR PARKING
WITHIN TWENTY-ONE (21) NONEXCLUSIVE PARKING SPACES BY GUESTS, VISITORS, AGENTS,
EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF
THE HOTEL, RESTAURANT, AND CONFERENCE CENTER.
PARCEL 3:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "AMENDED AND RESTATED VEHICLE AND PEDESTRIAN ACCESS AND PARKING EASEMENT
AGREEMENT AND GRANT OF EASEMENT DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO.
2016-0689333 OF OFFICIAL RECORDS, IN, OVER, ACROSS, THROUGH, AND ALONG 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, FOR THE PURPOSE OF
VEHICLE AND PEDESTRIAN INGRESS AND EGRESS BY GUESTS, VISITORS, AGENTS, EMPLOYEES,
STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL,
RESTAURANT, AND CONFERENCE CENTER.
PARCEL 4:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "AMENDED AND RESTATED UTILITY EASEMENT AGREEMENT AND GRANT OF EASEMENT
DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689334 AND RE-RECORDED
FEBRUARY 16, 2017 AS DOCUMENT NO. 2017-0078775, BOTH OF OFFICIAL RECORDS, IN, OVER,
ACROSS, THROUGH, AND ALONG PARCEL 2 AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR
ADJUSTMENT PLAT RECORDED AS DOCUMENT 2015-0601383, OFFICIAL RECORDS RECORDED ON
NOVEMBER 19, 2015, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA AND LOTS 4 THROUGH 9, INCLUSIVE, 12 AND 14 THROUGH 16,
INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE
EXHIBIT A
(Continued)
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, FOR THE PURPOSE OF CONSTRUCTION, USE AND MAINTENANCE OF UTILITIES, INCLUDING
UNDERGROUND UTILITIES TO SERVICE HOTEL, RESTAURANT AND CONFERENCE CENTER.
PARCEL 5:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "AMENDED AND RESTATED PARKING AND PEDESTRIAN EASEMENTS AGREEMENT AND
GRANT OF EASEMENT DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689335 OF
OFFICIAL RECORDS, IN, OVER, ACROSS, THROUGH, AND ALONG 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, FOR THE PURPOSE OF VEHICLE AND
PEDESTRIAN INGRESS AND EGRESS AND PARKING BY GUESTS, VISITORS, AGENTS, EMPLOYEES,
STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL,
RESTAURANT, AND CONFERENCE CENTER.
PARCEL 6:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "VEHICLE AND PEDESTRIAN ACCESS AND UTILITY EASEMENT AGREEMENT AND GRANT OF
EASEMENT DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689336 OF OFFICIAL
RECORDS, IN, OVER, ACROSS, THROUGH, AND ALONG THE FOLLOWING DESCRIBED LAND:
THAT PORTION OF PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT
PLAT (ADJ 15-02) RECORDED NOVEMBER 19, 2015, AS DOCUMENT NO. 2015-0601383 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2;
THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY NORTH 34°44'54" WEST A
DISTANCE OF 33.66 FEET;
THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY NORTH 66°37'55" EAST A DISTANCE OF 416.09
FEET;
THENCE SOUTH 23°22'05" EAST A DISTANCE OF 9.46 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 13°37'05", AN ARC LENGTH OF 23.77 FEET TO A POINT ON THE
SOUTHEASTERLY BOUNDARY OF SAID PARCEL 2;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY SOUTH 66°37'55" WEST A
DISTANCE OF 446.92 FEET TO THE POINT OF BEGINNING.
FOR THE PURPOSE OF VEHICLE AND PEDESTRIAN INGRESS AND EGRESS BY GUESTS, VISITORS,
AGENTS, EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER
INVITEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER AND FOR CONSTRUCTION , USE
AND MAINTENANCE OF UTILITIES, INCLUDING UNDERGROUND UTILITIES TO SERVICE HOTEL,
RESTAURANT AND CONFERENCE CENTER.
APN 21 1-131-19-00