HomeMy WebLinkAbout; |Grand Pacific Carlsbad LP|Carlsbad Public Financing Authority|; 2018-0353715; EasementDOC# 2018-0353715
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Aug 28, 2018 10:44 AM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $80.00 (SB2 Atkins $0.00)
AND WHEN RECORDED
MATL TO:
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(Please fill in document title(s) on this iine)
1 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on ..
________ (date*) as document number ____________ of Official
Records, or,
3 D Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on __________ (date*) as document number(s)
_________________________ of Official Records, or,
5 D Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to
an owner-occupier, or, document is recorded in connection with concurrent transfer that is a
residential dwelling to an owner-occupier, or,
6 D Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner-occupier. The recorded document transferring
7
the dwelling to the owner-occupier was recorded on __________ (date*) as
document number(s)
~empt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county, ·
municipality or .other political subdivision of the state, or,
8
9
0 Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or,
0 Exempt from fee under GC27388.1 for the following reasons:
Rev 5/18
THIS PAGE ADDED TO PROVIDE SENATEBIL1.2EXEMPTIONINFORMATION
(Additional recording fee applies)
*The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
PAGES 23
Recording requested by:
MELVIN VERNON, CAPTAIN
SAN"LUIS REY BAND OF MISSION INDIANS
When recorded return to:
SAN LUIS REY BAND OF MISSION INDIANS
1889 SUNSET DRIVE
VISTA, CA 92081
GRANT OF CALIFORNIA CIVIL CODE SECTION 815
CULTURAL CONSERVATION EASEMENT
*The enclosed document, which recorded on August 7, 2018, as Document No. 2018-0322087, of
Official Records in San Diego County, California, is being re-recorded solely to include the
original signature page of San Luis Rey Band of Mission Indians, a California Native American
Tribe, as Grantee, which was inadvertently omitted from the original recording.
DOC# 2018-0322087
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Aug 07, 2018 10:33 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $56.00 (SB2 Atkins $0.00)
(Please fill in document title(s) on this line)
1 0 Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 0 Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which v>1as paid on document recorded previously on
________ (date*) as document number ____________ of Official
Records, or,
3 D Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on __________ (date*) as document number(s)
_________________________ of Official Records, or,
5 D Exempt from fee per GC27388.l, document transfers real property that is a residential dwelling to
an owner-occupier, or, document is recorded in connection with concurrent transfer that is a
residential dwelling to an owner-occupier, or,
6 D Exempt from fee per GC27388.l due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner-occupier. The recorded document transferring
7
the dwelling to the owner-occupier was recorded on __________ (date*) as
document number(s)
[:i' Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county,
municipality or other political subdivision of the state, or,
PAGES 15
8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or,
9 D Exempt from fee under GC27388.1 for the following reasons:
Rev 5/18
THIS PAGE ADDED TO PROVIDE SENATE BILL2EXEMPTION INFORMATION
(Additional recording fee applies)
*The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
RECORDING REQUESTED BY:
Melvin Vernon, Captain
San Luis Rey Band of Mission Indians
AND WHEN RECORDED, MAJL TO:
San Luis Rey Band of Mission Indians
1889 Sunset Drive
Vista, CA 92081 FOR RECORDER'S USE
GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL CONSERVATION
EASEMENT
~\~~I«=~: $0.
THIS GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL
CONSERVATION EASEMENT ("Easement") is made this 7-l-k day of /htt,CA.S t , 2018 by
GRAND PACIFIC CARLSBAD, L.P., a California limited partnership, having an address at 5900
Pasteur Court, Suite 200, Carlsbad, CA 92008 ("Ground Lessee" or "Declarant") and THE
CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority formed by the City of
Carlsbad and the Carlsbad Municipal Water District having an address at 1200 Carlsbad Village Drive,
Carlsbad, CA 92008 ("Ground Lessor") (Declarant and Ground Lessor are both "Grantor"), in favor
of the San Luis Rey Band of Mission Indians, a California Native American Tribe ("SLR" or
"Grantee"), having an address at 1889 Sunset Drive, Vista, CA 92081.
WITNESSETH
WHEREAS, Ground Lessor, as landlord, and Declarant, as tenant, entered into that certain
unrecorded Ground Lease, dated December 15, 2016 ("Ground Lease") for that certain real property in
the City of Carlsbad, County of San Diego, State of California (the "Property"), as evidenced by that
certain Memorandum of Ground Lease recorded in the Office of the Recorder of San Diego County,
California on December 15, 2016 as Document No. 2016-0689339; and
WHEREAS, Declarant executed that certain Declaration of Covenants, Conditions, and
Restrictions for Vacation Ownerships in Grand Pacific MarBrisa Resort (as amended, the
"Declaration") and caused it to be recorded in the office of the Recorder of San Diego County, San
Diego, California, on May 8, 2006 as Document No. 2006-0324250. The Declaration was amended by
an Amendment recorded on December 14, 2007 as Document No. 2007-0772538 and re-recorded on
December 21, 2007 as Document No. 2007-0786636 and was further amended by a Second Amendment
recorded on December 12, 2008 as Document No. 2008-0635322, a Third Amendment recorded on
December 3, 2012 as Document No. 2012-0753734, a Fourth Amendment recorded on January 25, 2013
as Document No. 2013-0053076, a Fifth Amendment recorded on July 25, 2014 as Document No. 2014-
314924, a Sixth Amendment recorded September 17, 2014 as Document No. 2014-400512 and a
Seventh Amendment recorded April 13, 2018 as Document No. 2018-0148298; and
WHEREAS, by virtue of the Declaration, the Property is a part of the resort located at 1594
MarBrisa Circle, Carlsbad, CA operated as a time-share or vacation ownership project, commonly
Page 1 of 14
DOCS 121163-000006/3341826.10
known as Grand Pacific MarBrisa Resort and Hilton Grand Vacations Club at MarBrisa (collectively,
the "Resort"); and
WHEREAS, under Section 2.10 of the Declaration, Declarant reserved rights to grant certain
easements within the Resort and each Vacation Ownership Owner acquiring a Vacation Ownership
referred to in the Declaration accepts such Owner's Vacation Ownership subject to Declarant's reserved
rights under Section 2.10 of the Declaration; and
WHEREAS, portions of the Property may possess significant tribal cultural values; and
WHEREAS, in particular, Grantee believes that portions of the Property were used as a place of
gathering and habitation by indigenous peoples for many years dating as far back as many thousands of
years and that the Preserve Area therefore contains significant tribal cultural values of great importance
to Grantee and Ground Lessor; and
WHEREAS, prior to entering into the Ground Lease and the development of the Property by
Grantor, certain items of tribal cultural significance associated with Grantee as more particularly
described in the records of Ground Lessor and Grantee ( collectively, the "Cultural Resources") were
discovered on portions of the Property. A portion of the Property where these Cultural Resources were
discovered were covered by a concrete cap and covered by fill soil. Such area is partially located on the
Property as more particularly described in Exhibit A and depicted in Exhibit B hereto and incorporated
by this reference (the "Preserve Area") and on a portion of the adjacent property to the east; and
WHEREAS, in the interests of preserving and respecting SLR's tribal cultural values related to
the Cultural Resources for the benefit of this generation and generations to come, Grantor intends that
the Preserve Area be restricted in perpetuity from future subsurface disturbance in accordance with the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above, as to their respective interests in the
Property, Ground Lessor and Declarant hereby grant and convey to Grantee the following restriction in
the nature of a cultural conservation easement (within the meaning of California Civil Code sections 815
et seq.) in perpetuity over the Preserve Area pursuant to the terms and conditions set forth below. All
references herein below to "Grantor" shall mean Ground Lessor during such times that the Property is
not subject to the Ground Lease or a successor ground lease and shall mean Declarant during such times
that the Property is subject to the Ground Lease, as may be amended, or if the Ground Lease is
terminated and the Property is made subject to a future ground lease, the ground lessee under such future
ground lease.
1. Purpose. The purpose of this Easement is to protect the Cultural Resources of San Luis Rey Band
of Mission Indians located on portions of the Property, to honor them and protect them forever and
to assure that Preserve Area will retain the current state of preservation for Grantee's cultural values
and to prevent any use of the Property which would impair or interfere with the Grantee's cultural
values within the Preserve Area. Grantor intends that this Easement will limit the use of the
Preserve Area as set forth below.
Page 2 of 14
DOCS 12 l l 63-000006/3341826.l 0
2. Restrictions on the Preserve Area. To forever protect and preserve the tribal cultural values in the
Preserve Area, no portion of the Preserve Area shall be excavated, disturbed, moved or dug into, or
subject to any ground penetrating activity(ies) by any means; no improvements including installation
of footings, additional means of foundations, such as caissons, irrigation lines, wet or dry
infrastructure or utility lines shall be placed within the Preserve Area; and any use or development of
the Property above the Preserve Area shall be conducted in a manner so as to not result in
degradation of the slurry cap described in Exhibit A attached hereto or the area beneath the slurry
cap (referred to herein as the "Restrictions").
3. Exception to Restrictions Placed Upon Preserve Area. The area above the Preserve Area (surface
area) may only be used for landscape or hardscape improvements (but no vertical building,
structural, landscaping, or hardscape improvements). No landscape or hardscape improvements shall
degrade and/or impact the Preserve Area below. No other exceptions shall be allowed without
amendment to this Easement as provided for in paragraph 11.
4. Reserved Rights. Except for the express rights granted hereunder to Grantee, Grantor reserves to
itself, and for their affiliates, partners, directors, officers, representatives, heirs, successors, and
assigns, all rights, title and interest in and to the Property. Nothing in this Easement shall require
the removal or modification of any improvements, hardscaping or landscaping existing on the
Property and made pursuant toProject approvals as of the date of execution of this Easement.
5. Grantee's Remedies. As a condition of this Easement, if Grantee determines that Grantor is in
violation of the terms of this Grant, Grantee must give written notice to Grantor ("Default Notice")
detailing the proposed violation. If Gran!or fails to cure the violation within thirty (30) days after the
receipt of the Default Notice or, if the nature of such violation is such that the same cannot be
reasonably cured within a thirty (30) day period and Grantor fails to commence such cure within
such period or thereafter diligently proceed to rectify and cure said default, Grantee may pursuant to
California Civil Code Section 815.7 bring an action at law or in equity in a court of competent
jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by
temporary or permanent injunction, to recover any damages to which it may be entitled for violation
of the terms of this Easement, including damages for the loss of cultural and/or spiritual values, and
to require the restoration of the designated areas of the Property to the condition that existed prior to
any such disruption. Grantor agrees that because of the tribal cultural values attributed to the
Preserve Area are of inestimable value and some may be intangible, that Grantee's remedies at law
for any violation of the terms of this Easement may be inadequate and that Grantee's shall be
entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in
addition to such other relief to which Grantee may be entitled, including specific performance of the
terms of this Easement, without the necessity of proving either actual damages or the inadequacy of
otherwise available legal remedies. Grantee's responsibility to monitor and conserve the tribal
cultural values of the Preserve Area are hereby recognized as being unique and the fact that some of
these values are intangible is understood, and thus the necessity of proving the pertinent cultural
values of the property will not be required in pursuing Grantee's remedies under this Easement.
Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity.
Page 3 of 14
DOCS 121163-000006/3341826.IO
6. Costs of Enforcement. The court may award the prevailing party in any action authorized by Civil
Code§ 815 et seq. the cost oflitigation, including reasonable attorneys' fees.
7. Grantee's Discretion. Enforcement of the terms of this Easement shall be the responsibility of the
Grantor and the Grantee. Any forbearance by Grantee to exercise its rights under this Easement shall
not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of
the same or any other term of this Easement or any of Grantee's rights under this Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy, or be construed as a waiver.
8. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription.
9. Acts Beyond Grantor's Control. Notwithstanding anything contained in this Easement to the
contrary, nothing contained in this Easement.shall be construed to entitle Grantee to bring any action
against Grantor for any injury to or change in the Preserve Area resulting from causes beyond
Grantor's control, including, without limitation, non-permitted third party action, fue, flood, storm,
and seismic movement, or from any minimally necessary and prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from
such causes.
10. Costs and Liabilities. Grantee shall not be charged with any fees, taxes, costs and liabilities of any
kind related to the ownership, operation, upkeep, and maintenance of the Preserve Area, including
the maintenance of adequate comprehensive general liability insurance coverage.
11. Amendment. If circumstances arise under which an amendment to or modification of this Easement
would be appropriate, Grantor and Grantee are free to jointly amend this Easement by written
amendment mutually agreed upon by all parties; provided that any amendment shall be consistent
with the purpose of this Easement, shall include reference to the significant tribal cultural values and
be consistent with protecting those values and shall be perpetual in duration. Any such amendment
shall be recorded in the official records of San Diego County, California.
12. Assignment. Grantee may assign its rights and obligations under this Easement only to an
organization that is a qualified organization at the time of transfer, under Section 170(h) of the
Internal Revenue Code of 1986, as amended, and the applicable regulations promulgated thereunder,
and authorized to acquire and hold cultural conservation easements under sections 815 et seq. of the
California Civil Code, or successor provisions. Grantee shall require that the cultural conservation
purpose that this Easement is intended to advance will continue to be carried out by any assignee.
Grantee shall also notify Grantor in writing no less than thirty (30) days prior to any assignment, and
in advance of any assignment, and shall seek the approval of Grantor to the assignment, but the right
of assignment is exclusive to the Grantee and shall not be abridged by Grantor. Grantor may transfer
or convey the Property; provided, however, this Easement shall run with the land, burden the
Property and any such transfer or conveyance shall be subject to this Easement.
13. Estoppel Certificates. As a condition of this Easement, upon request by Grantor, Grantee shall within
thirty (30) days execute and deliver to requesting party any document, including an estoppel
Page 4 of 14
DOCS 121163-000006/3341826.10
certificate, which certifies compliance with any obligation contained within this Easement and
actually complied with.
14. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or
is required to give to the other shall be in writing and either served personally or sent by first class
mail, postage prepaid, addressed to the parties at their address stated in on page 1 above or to such
other address as either party from time to time shall designate by written notice to the other.
15. Recordation. Grantor shall record this instrument in timely fashion in the official records of San
Diego County, California and Grantor or Grantee may re-record it any time as may be required to
preserve rights hereunder.
16. Executory Limitation. If Grantee shall cease to exist or cease to qualify or to be authorized to
acquire and hold conservation easements under California Civil Code sections 815 et seq. and a prior
assignment is not made pursuant to paragraph 12, or refuse such rights as set forth in this Easement,
then the rights and obligations under this Easement shall vest in such organization as a court of
competent jurisdiction shall direct pursuant to California law and with due regard to the
requirements of an assignment pursuant to paragraph 12 above, especially to the unique and
significant character of the tribal cultural values involved. Grantor may request relief from the court,
in an action under this paragraph to void this Easement if Grantee or its assignee ceases to be a
qualified organization or refuse their rights under this Easement. Grantor agrees to give Grantee
sixty ( 60) days' notice of any intention to seek relief under this paragraph.
17. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be governed by the
laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this
Easement shall be liberally construed in favor of the Grantee to affect the purpose of this
Easement and the policy and purpose of California Civil Code sections 815 et seq. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
( c) Severability. If any provision of this Easement, or the application thereof to any person or
circumstance, is found to be invalid, the remainder of the provisions of this Easement or the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, as the case may be, shall not be affected thereby.
( d) Entire Agreement. This instrument sets forth the entire agreement of the parties and supersedes
all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of
which are merged herein. No alteration or variation of this instrument shall be valid or binding
unless contained in an amendment that complies with paragraph 10 above.
Page 5 of 14
DOCS 121163-000006/3341826.10
(e) Termination of Rights and Obligations. A party's rights and obligations under this Easement
terminate upon transfer of that party's interest in this Easement or Property, as applicable, except
that liability for acts or omissions occurring prior to the transfer shall survive transfer.
(f) Captions. The captions in this instrument have been inserted solely for convenience of reference
and are not a part of this instrument and shall have no effect upon construction or interpretation.
(g) Counterparts. The parties may execute this instrument in two or more counterparts, which shall,
in the aggregate, be signed by both parties; each counterpart shall be deemed an original
instrument as against any party who has signed it. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
TO HA VE AND TO HOLD unto Grantee, its successors, and assigns forever.
[Signatures follow on next page.]
Page 6 of 14
DOCS 121163-000006/3341826.10
IN WITNESS WHEREOF Declarant and Ground Lessor have set their hands on the day and
year first above written.
DECLARANT:
GRAND PACIFIC CARLSBAD, L.P.,
a California limited partnership
By: Grand Pacific Development, Inc.,
a California corporation, its General Partner
By:'=-'~f...1..!!c.~~~~w~=------
Timothy J. Stri
By:.__,,,,,,,.,._l\~~~~~,,,,,,,,,_,,__, -
David S. Brown, Co-President
GROUND LESSOR:
THE CARLSBAD PUBLIC FINANCING AUTHORITY,
a Jomt ers authority formed by the City of
Carl ad a d the Carlsbad Municipal Water District
Attest:
Barbara Engelson, City Clerk
(Seal)
Approved as to form and legality:
Celia Brewer, City Attorney
''''"""''' ,,, SBAD p 11, ,,:~ ......... ~,,
$ ~~~· EST~~··· .. ~ .... .-~~ · .... ~ : :j,,...,. ·~-n~ = i :...i=-= ~ \~ ~i = --.~ . .... -=-.-... -·• .. -~.r., :: ,-"'A:· -.. ~, .... , 'l'J<l'l •·••••••• t;)Y ,, ,,,, DH1crt ,,,, ,,,,, .... ,,,
Page 7 of 14
DOCS 121163-000006/3341826.9
Acknowledgement
"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 AUS O 3 2018 before me, Charissa Hoxie Notary Public, personally*
~\I , t1 $· ,, Co vJ ('.. , who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) isf'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. *' ti ~.ec; ( e ~
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
2 Cl)
(!)
1
CHARISSA HOXIE {
COMM.# 2107787 ~
NOTARY PUBLIC-CALIFORNIA ~
SAN DIEGO COUNTY
My Comm. Exp. May 17, 2019 . . -. .
DOCS 121163-000006/3341826.9
WITNESS my hand and official seal.
Si~~
Page 8 of 14
Acknowledgement
"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 )
AUG O 6 2018 Charissa Hoxie On ------.....,...-------,-before me, ________ Notary Public, personally
appeared 1' \ M (Y(v\'i I· S±:(5 -Q(..; , 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
.,...
2 V)
(!)
l
CHARISSA HOXIE
COMM.# 2107787 ~
NOTARY PUBLIC-CALIFORNIA 2
SAN DIEGO COUNTY ....
My Comm. Exp. May 17. 2019 .., . -.
DOCS 121163-000006/3341826.10
WITNESS my hand and official seal.
Page 9 of 14
Acknowledgement
"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 )
One~ ]1 ao f'b before me, ~e,-,la_R. Cob1:ao , Notary Public, personally
appe red 2'¥' att C h ().d oQ , cJ< , who proved to me on the basis of satisfactory
evidence to be the perso*) whose nameEs"~ subscribed to the within instrument and acknowledged
to me that ~~he/dtey executed the same inCh1s>'aer4heir authorized capacit~, and that by
~r signaturevir-on the instrument the perso~ or the entity upon behalf of which the
person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Page 10 of 14
DOCS 121163-000006/3341826.10
Acknowledgement
"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 ___________ before me, __________ , Notary Public, personally
appeared _______________ _, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) iskre 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 PENALTY 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
Page 11 of 14
DOCS 121163-000006/3341826.10
JOINDER
This GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL RESOURCE
CONSERVATION EASEMENT, dated AwAust '7, 2018 ("Cultural Resource Conservation
Easement"), by Grand Pacific Carlsbad, L.P.~fomia limited partnership, and The Carlsbad Public
Financing Authority, a joint powers authority formed by the City of Carlsbad and the Carlsbad
Municipal Water District, is for the benefit of the San Luis Rey Band of Mission Indians, a California
Native American Tribe. This Joinder shall be deemed effective as of the date signed below.
For good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned
hereby ratifies, joins in and agrees that its interest in the Property shall be bound by the foregoing
Cultural Resource Conservation Easement, and agrees to be bound thereby.
Date: _AtJ.B---+-cl--~--3 __ ~, 2018
Grand Pacific MarBrisa Owners Association, Inc.,
a CalifoD-P~'f t corporation
By: -~~ ~
Name: t>A:vtD S. Sf20WN
President
Acknowledgement
"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 AUG O 3 2018 before me, Charissa Hoxie , Notary Public, personally*'
S,a "' J-.. .$. Sro t.;:>o.,, , who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) islare 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. ·* t('?Xeol re&.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
CHARISSA HOXIE 1
COMM.# 2107787 fh
NOTARY ~USLINALIFORN!-. 3;
SAN DIEGO COUNTY t
My Comm. Ex~. May 17, 2019 l
~M Signature
Page 12 of 14
DOCS 121163-000006/3341826.9
EXHIBIT A
LEGAL DESCRIPTION OF PRESERVE AREA
THAT PORTION OF LOT 1 OF CARLSBAD TRACT 14-08, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
16262, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 11,
2018 AS FILE NO. 2018-7000122, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1 OF CARLSBAD
TRACT 14-08; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 00°00'00"
WEST A DISTANCE OF 65.23 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG
SAID WESTERLY LINE, NORTH 45°00'00" EAST A DISTANCE OF 11.03 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 13°08'36" EAST
A DISTANCE OF 7.48 FEET; THENCE NORTH 74°16'46" EAST A DISTANCE OF 8.07 FEET TO
A POINT ON SAID WESTERLY LINE OF LOT 1; THENCE CONTINUING NORTH 74°16'46"
EAST A DISTANCE OF 1.42 FEET; THENCE SOUTH 10°01'26" WEST A DISTANCE OF 14.18
FEET; THENCE SOUTH 83°00'56" WEST A DISTANCE OF 9.67 FEET; THENCE NORTH
13°08'36" EAST A DISTANCE OF 5.43 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF SAID WESTERLY
LINE OF LOT 1.
ALSO EXCEPTING THAT PORTION LYING ABOVE AN ELEVATION OF 255.50 BASED ON
CITY OF CARLSBAD CONTROL MONUMENT BENCHMARK CLSB-097, RECORDED ON
RECORD OF SURVEY NO. 17217, FEBRUARY 8, 2002 AS FILE NO. 2002-0112862. BEING AN
ELEVATION OF 290.800 PER DATUM NGVD 29.
SAID PORTION OF LAND CONTAINS 92.77 SQUARE FEET.
Page 13 of 14
DOCS 121163-000006/3341826.9
EXHIBITB
DEPICTION OF PRESERVE AREA
EXHIBIT "B·;'
N7176Wt' B.lJ7'~; --=---"""'-·
N13tl8'J6t° hl8'-. ___;;.,......,....,
1NIJ£ POINl OF 8£0/NNINC
N'6WW2" itlii'··
l(tJfJIJ:JI~-$,,Cf
ADJ 16-08
DOC. NO. 2fJ:16-d68876 1 PARt:n A
hlfJl' Pt)INT OF BECINNINC -
N~tkJZtJ!' tl.liJ"
DOCS 121163-000006/3341826.9
Page 14 of 14
L~Plf Aii
l.OT 1'
MAP, 16262
tor 1e
tvtAP 15332
/
/
. IN WITNESS WHEREOF, the Declarant, the Ground Lessor and Grantee executed this
instrument on August~, 2018.
DECLARANT:
GRAND PACIFIC CARLSBAD, L.P.,
a California limited partnership
By: Grand Pacific Development, Inc
a California corporation, · eneral Partner
\
B
By: l'),,j~
David S. Brown, Co-President
GROUND LESSOR:
THE CARLSBAD PUBLIC FINANCING AUTHORITY,
a joint A wer authority formed by the City of
Carlsb and he Carlsbad Municipal Water District
By: __ """'==---£.._----""~--------
Name: -~~m:__JJetA.t:l!i:2.l~L __ _
Title: -~U..CL-L-Jl!:l!i!'l~~~-------
Attest:
~~~ Barbarangelson, City Clerk
(Seal)
Approved as to form and legality:
CeP&w4, Cit9:£
DOCS 121163-000001/3390734.2 (3341826)
GRANTEE:
SAN LUIS REY BAND OF MISSION INDIANS,
a California Native American Tribe
By:
~ptai~
DOCS 121163-000001/3390734.2 (3341826)
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 )
C 0· ) ss.
COUNTY OF ~(\ \ ~ )
On~ ~o, 2018, before me, , Charissa Hoxie
Notary Public, personally appeared ·i\ MD¼'-/ 3:. ~ { 0-e.--
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.
s~Aev;(P
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 )
~ A () \ ) ss.
COUNTY OF ~/\YI 8:)0)
On AM~~t clo, 2018, before me, Charissa Hoxie
Notary Public, personally appeared G"'v\ d. ~-\:sC'OW{':
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. ~
(!)
~ ~o/, i/J 1 ~~
DOCS 121163-000001/3390734.2 (3341826)
CHARISSA HOXIE
C) (J)
2 ....
COMM.# 2107787
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
My Comm. Exp. May 17, 2019 l
(Seal)
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
before me, Sheila R. Cobian, Notary Public
(insert name and title of the officer)
personally appeared . Stotl C...ncJuhcK .
who proved to me on the basis of satisfactory evidence to be the perso~ whose nam*®af&-
subscribed to the within instrument and acknowle~d to me that~ executed the same in
(W?J.bQrtU:ieir authorized capacity~), and that b~~ signature(.s-Yon the instrument the
person(sf, or the entity upon behalf of which the person(.8Yacted, 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.
Signatur~~ -~,,j (Seal)
SHEILA R. COBl.'.N
Notary Public -California
San Diego C•unty
Commission• 2204481
My Comm. hpires Jul 10, 2021
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..-)
c_,__ n/"l_,.....)ss.
COUNTY ~==....LJ-~.-:::..:=:;,,,......, ) _
on()J~,d{)2018,beforem~1ct;_g!f!_ ·~
Notary Pu~, personally appeared · =A ~
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.
\ WITAESS my hand and official seal.
~Qfd~ Signature (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 ______ , 2018, before me, ______________________ _
Notary Public, personally appeared ------------------------~
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 (Seal)
DOCS 121163-000001/3390734.2 (3341826)
JOINDER
This GRANT OF CALIFORNIA CIVIL CODE SECTION 815 CULTURAL RESOURCE
CONSERVATION EASEMENT, dated JlrtA.tA\.L~ ']_, 2018 ("Cultural Resource Conservation
Easement"), by Grand Pacific Carlsbad, L.P .~fomia limited partnership, and The Carlsbad Public
Financing Authority, a joint powers authority formed by the City of Carlsbad and the Carlsbad
Municipal Water District, is for the benefit of the San Luis Rey Band of Mission Indians, a California
Native American Tribe. This Joinder shall be deemed effective as of the date signed below.
For good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned
hereby ratifies, joins in and agrees that its interest in the Property shall be bound by the foregoing
Cultural Resource Conservation Easement, and agrees to be bound thereby.
Date: ~t 17 , 2018
Grand Pacific MarBrisa Owners Association, Inc.,
a California non-profit corporation
By: J\~~
Name: M\Jid, S,
President
Acknowledgement
"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
~ 11 r-~ Charissa Hoxie On ~, ~I g before me, _________ , Notary Public, personally appeared
\)A 3= Co , 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
z en (!)
1
CHARISSA HOXIE • {
COMM.# 2107787 c;-,
NOTARY PUBLIC-CALIFORNIA ~
SAN DIEGO COUNTY ...
My Comm. Exp. May 17, 2019
DOCS 121163-000006/3341826.10
Page 12 of 14