Loading...
HomeMy WebLinkAbout83-222; LA COSTA HOTEL AND SPA; 87-598022; Easement1S52 KCOMHNG REQUESTED BY TICOR ME INSURANCE COMPANY OF CALIFORNIA PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT. GOV. CODE (6103) WHEN RECORDED, PLEASE MAIL TO: Costa Real Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No. 216-123 -04 Project Name £ No. La-Costa Hotel t Spa CRMWD Project No. 83-222 H7 598022 :f TCT 23 nil*; ?.', VI.!-'.", I..1.V! •' Ii:MNlY liUu-*,.'ll< — 1 NOFK DOCUMENTARY TRANSFER TAX: None COSTA REAL MUNICIPAL WATER DISTRICT Johrf''P. Honley,'Secre Board of Directors ESSEMENT LA COSTA HOTEL fc SPA, a California general partnership do hereby grant to COSTA REAL MUNICIPAL WATER DISTRICT, a Public Agency organized is the Statr of California, its sucessors and assigns, an easement. PURPOSE: The easement granted herein shall be granted for the following purpose-s: the construction, operation, repair, reconstruction and all activiites necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. I BCA /"•too' 1553 Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures assoicated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates doors, locking devices, alarms, lights, and all other such protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee, including, without limitation, as provided in Exhibit "B" attached ("Hold Harmless Agreement"). LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. LA COSTA HOTEL AND SPA, a California General Partnership COSTA REAL MUNICIPAL HATER DISTRICT By A)lard Roen its Managing General Partner Dated October 16. 1987 Spfan M. Haasl its President, Board of Directors Dated (Attach Notary Acknowledgement) CRMWD 83-222 La Costa Hotel «. Spa 2 J- .TE 0-7-ff? ~\ \ <M O ftate of California ) County of ..\ni A'<f ) -fl, On this A day of»e the undersigned, personally appeared . in the year ////. beforea Notary Public in and for said utate, A lltt d /?«e i)personally known to M (or proved to mm on the basis of satisfactory evidence) to be the person who executed this instrument, on behalf of tMpartnership and acknowledged to me that the partnership executed It. _Ii9n«tut« of Notary Seal -*-*-!OFFICIAL SEAL &AR6AKA I TREMMEiNOT/urr nuinie • C*U»O«MI»UH D«eo cornn My Mmm. TOirn OCT 1, ITO CKMMD 83-222 La Costa Hotel t Spa 3 •M t 1555 This is to 'certify that the interest is real property conveyed by the Deed dated 0<2re&*=£- /£ _ , 1987, from _ La Costa Hotel S Spa _ as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Municipal Hater District organized and existing under the Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the COSTA REAL MUNICIPAL WATER DISTRICT on O C 70 /%££• ~?J _ , 1987, and the Grantee consents to recordation thereof by its duly authorized officer. Dated , 1987 COSTA REAL MUNICIPAL WATER DISTRICT By: John P" He'nley, Secretary Board of Directors \ CRMWD 83-222 La Costa Hotel t Spa \n o« */, 1S56 RICK ENGINEERING COMPANY 3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 TELEPHONE • AREA CODE 619 • 729-4987 '" -"~m »»•«•!, I ,A COSTA HOTEL, AND SPAUJ JWKHUNE EASEMENT (ENTRANCE LOOP)10-12-87 FABC.il, A EXHIBIT "A" Page 1'of 10 An ••••••nt 10 feet wide over those portions of Section 26 and Motion 35 both in Township 12 South, Range 4 West, San ••cnardlno meridian, in the City of Carlsbad, in the County of ••n Di«go, State of California, according to official plat thereof, being a 10.00 foot wide strip of land lying 5.00 foot on ••oh ltd* and parallel with the following described centerline: COMMENCING at the Southwest corner of Lot 129 of La Costa Valley Unl' No. 1 according to Map No. 5434, on file in the office of the County Recorder of said County, also being a point on the Bouthvrly boundary line of said Map No. 5434; thence along the Southerly boundary line thereof North 85°39'08" West (North IS*)}1:!" West per Map. No. 5434) 62.00 feet to a point on the ctntvrllno of a waterllne easement recorded March 21, 1969 a'l fll«/l'«<j« 49124 of Official Records, thence along said centerline of (Milling easement the following courses: South 4"20'52" West IM.M feet to the beginning of a tangent 218.16 foot radius ourv* concave Westerly, thence Southerly along the arc of said curve through a central angle of 3°41'08" a distance of 14.03 fn«t to a point on the arc of an non-tangent 358.00 foot radius corv* concave Southerly, said point being the TRUE POINT OF •K01NNING a radial line to said point bears North 0°06'03" East; th»nc» leaving said centerline of existing easement along the c»n»«tlin« of this easement Easterly along the arc of said curvn thiough a central angle of 22°2V51" a distance of 140.15 feet, th*nc« South 67'28'06" East 62.00 feet to the beginning of 3 t«r>'j»nt 192.00 foot radius curve concave Northerly; thence K**torlv along the arc of said cu'rve through a central angle of M*J»')»" a distance of 48.57 feet; thence South 81°57'42" East tit.00 f»*t to point A-l, thence continuing South 81°57'42" East 1.00 tent to the beginning of a tangent 273.00 foot radius curve coneav* Southwesterly, thence Southeasterly along the arc of said curv» through a central angle of 11*13'48" a distance of 53.51 f»»t to point A-2, thence continuing Southeasterly along the arc of ««l<1 curve- through a central angle of 11"53'29" a distance of *»,*» f*«t to point A-3, thence continuing along the arc of said cvirv* through a central angle of 25°01'50" a distance of 119.26 fo»t to point A-4, thence continuing along the arc of said curve through a central angle of 5°30'10" a distance of 26.22 feet, lh»nc» South 28°18'25" East 4.08 feet to point A-5, thence contlrulnq South 28'18'25" East 11.25 feet to point A-6, thence continuing South 28"18'25" East 22.75 feet to the beginning of a t«nq»nt 158.00 foot radius curve concave Westerly, thence • nti'hvr 1, along the arc of said curve through a central angle of ti'Ol'OS" a distance of 49.78 feet to point A-7; thence continuing Southerly along the arc of said curve through a C*ntr«l »nql«- of 22°18'17" a distance of 61.51 feet; thence South U'Ol'M" West 7.71 feet to the beginning of a tangent 173.00 t . •• >* ..*.«»«» mut.ii Imritt DE&CHIPTION .!,.,« »«u Ml »»•« MKI 0 V 1S57 RICK ENGINEERING COMPANY 3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 TELEPHONE • AREA CODE 619 • 729-4987 8984-L LA COSTA HOTEL AND SPA WATERLINE EASEMENT (ENTRANCE LOOP) R.B. "J.W.10-12-87 2°"3 EXHIBIT "A"Page 2 of 10 foot radius curve concave Northwesterly, thence Southwesterly along the arc of said curve through central angle of 29°10'08" a distance of 88.07 feet to point A-8 thence continuing along the arc of said curve through a central angle of 13°36'38" a distance of 41.10 feet to point A-9; thence continuing along the arc of said curve through a central angle of 1°50'03" a distance of 5.54 feet to point A-10; thence continuing along the arc of said curve through a central angle of 2e41'18" a distance of 8.12 feet to point A-ll; thence continuing along the arc of said curve through a central angle of 12°14'39" a distance of 36.97 feet to a point of compound curvature of a 323.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 20«15'24" a distance of 114.20 feet, thenc-j North 88e08l53" West 56.80 feet to the beginning of the tangent 427.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 7°22'10" a distance of 54.92 feet to the point A-12; thence continuing Westerly along the arc of said curve through a central angle of 1"25'18" a distance of 10.60 feet to the point A-13; thence continuing along the arc of said curve through a central angle of 0°21'48" a distance of 2.71 feet to a point of compound curvature of a 157.00 foot radius curve concave Southerly thence Westerly along the arc of said curve through a central angle of 14"13'34" a distance of 38.98 feet, thence South 82«16'34" West 54.85 feet to a point on a line that is 5.00 feet Eanterly and parallel with the Easterly boundary line of Map No. 6129 on file in the office of the County Recorder of said County said line beering North 21°31'43" West (North 21°29'56" West per Hnp 6129) through said point and said point being the POINT OF TEhMINUS, together with the following parcels: Parcel A-l: A 10 foot easement the center line of which begins at the herein above dor.crlhed point A-l; thence North 8°02'18" East IS.00 foot. Parcel A-2: A 10 foot easement the centerline of which begins at the herein above iler.cr i bed point A-2; thence North 19"16'06" East 14.50 feet. Parcel A-3: A 10 foot easement the centerline of which begins at the herein above described point A-3; thence North 31"09'35" East 34.50 feet. Parcel A-4s A 10 foot easement the centerline of which begins at the herein above described point A-4; thence North 56°11'25" East 14.50 fppt. Parcel A-5: A 10 foot easement the centerllne of which begins at the herein above described point A-5; thence South 61°41'35' West 42.00 fret. TITVf CO.•crcooci L: COMPANY 0*0 UNO. j.i:£! ] 1558 FORM 4*1 DAWCO MCSI RICK ENGINEERING COMPANY 3088 PIO PICO DR. TELEPHONE • . SUITE 202 • CARLSBAD, CA 92008 AREA CODE 619 • 729-4987 8984-L ICCAl OCKHIPTIOM PON-' ~~~~LA COSTA HOTEL AND SPA WATERLINE EASEMENT (ENTRANCE tOOP) R.B. J.W.10-12-87 EXHIBIT "A" , Page 3 of .1.0Parcel A-6: A 10 foot easement the centerline of which begins at the herein above described point A-6; thence North 61e41'35" East 18.00 feet; thence South 88°18'?.5" East 8.66 feet. Parcel A-7: A 10 foot easement the centerline of which begins at the herein above described point A-7; thence South 79S11'44" West 39.13 feet. Parcel A-8: A 10 foot easement the centerline of which begins at the herein above described point A-8; thence South 48°46'55" East 20.56 feet; thence South 78°14'04" East 17.50 feet. Parcel A-9: A 10 foot easement the centerline of which begins at the herein above described point A-9; thence North 35'10'17" West 47.22 feet. Parcel A-10: A 10 foot easement the centerline of which begins at the herein above described point A-10; thence South S7°57'34" East 15.71 feet. Parcel A-ll: A 10 foot easement the centerline of which begins at the herein above described point A-ll; thence South 30'38'56" East 21.27 feet; thence South 9°40'56" West 26.36 feet. Parcel A-12: A 10 foot easement the centerline of which begins at the herein above described point A-12; thence South 5°31'03" East 32.88 feet; thence North 61058'57" East 19.30 feet. Parcel A-13: A 10 foot easement the centerline of which begins at the herein above described point A-13; thence South 6°56'21" East 18.00 feet. The side lines of said 10 foot easement to be extended or shortened to meet at angle points and to bogin on raid 218.16 foot radius curve through the TRUE POINT OF nfiGINNIrlG and to end on said parallel line bearing North 21*31'4J" West through the POINT OF TERMINUS. LI 'tf'b'l (H8i'S7'2l-lt/PaMPK0.5UI\ CMaiina nmi.ni.tni. LHJIIWUII W. 3-21-W FILUPAGINO. MU O.K. &$*'' g^5m s®s/ K! ^.<.i ^^^%^z:^/v^ \.„""•;..J\. i&&\ LA COSTAHOT [LANO SPAENTRANCE LOOP P°M ^ S* ^ v ^ 5R^ ^^^^ PLAT TO ILLUSTRATE F-xmnir -A Z/»^ DESCRIPTION OF u COSTA mm AND SPA(ENTRANCE LOOP) [ro«M ttl'cuwco rum 1560 fUNNINC CONSLJITANTJ »* NO, 8984-L ni%ii* cniiinc 3088 PIO PICO DR. • TELEPHONE . LA COSTA HOTEL AND SPA . SUITE 202 • CARLSBAD, CA 92008 AREA CODE 619 . 729-4987 WATERLINE EASEMENT (SOUTHERLY AREA) PARCEL B EXHIBIT "A" Page 5 of 10 R.B.""•"•j.w. 10-12-87 1 or2 An easement 10 feet wide over those portions of Section 26 and Section 35 both in Township 12 South, Range 4 West, San Bernardino meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to official plat thereof, being a 10.00 foot wide strip of land lying 5.00 foot on each side and parallel with the following described centerline: BEGINNING at the Southwest corner of Lot 129 of La Costa Valley Unit No. 1 according to Hap No. 5434, on file in the office of the County Recorder of said County, also being a point on the Southerly boundary line of said Hap No. 5434, thence along the Southerly boundary line thereof North 85°39'08" West (North 85<>37I21" West per Hap No. 5434) 62.00 feet to a point on the centerline of a waterline easement recorded March 21, 1969 as File/Pagj 49324 of Official Records, thence along said centerline of existing easement the following courses: South i020'52" West 152.52 feet to the beginning of a tangent 218.16 foot radius curve concave Westerly, thence Southerly along the arc of said curve through a central angle of 30°02'39" a distance of 114.40 feet to a point of reverse curvature of a 162.00 foot radius curve concave Easterly, thence 'Southerly along the arc of said curve through a central angle of 57°30'00" a distance of 162.58 feet> thence South 23"06129" East 147.18 feet to point B-1; thence continuing South 23°06'29" East 62.62 feet to the TRUE POINT OF BEGINNING, thence leaving said centerline of existing easement along the centerline of this easement North 68°28'17" Eas': 85.02 feet to a point on a line that is 5.00 feet Easterly and parallel with the Easterly boundary line of Map No. 6129 on file in the office of the County Recorder of said County, thence along said parallel line South 21°31'43" East; (South 21°29'56" East per Map No. 6129) 164.38 feet to point B-2; thence continuing South 2 1 °31'43" East 27.21 foot; thence South 21°33'07" West 84.30 foet; thenco South 26°39'58" East 29.49 feet; thence South 32°17'34" East 63.93 feet to point B-4; thence continuing South 32°17'34" East 35.00 feot to point Y; thence continuing South 32°17'34" East 52.60 feet; thence South 53"32'16n East 23.83 feet; thence South 77°56'19" East 20.58 feet; thence North 57"03'41" East 98.96 feet to point B-3; thenco continuing North 57°03'41" East 28.64 feet; thence South 32°06'29" East 30.00 feet to point H-r>; thonco continuing South 32"06'29" East 110.90 feot; thence South 75°17'33" East 39.93 feet to point Z; thence North 78°25'16" Knst 111.86 foet to the beginning of a tangent 200.00 foot rndinn curve concave Southerly; thence Easterly along the arc o£ s.iid curve through a central angle of 11°15'00" a distance oC 39.27 foet; thence North 89*40'16" East 68.13 feet to the POINT OP TERMINUS. Together with the following parcels: tlTvf CO. 1 COMMNf M oCIC*>rilOM I -""• °'" '1 1 ~r"" -—' r.:;: ^^. |1 m.Ai r / /(.y «ewi»ion» [' <fcr, 'S, JOI M.8984-L .tl«*t DISCIIMION FOR-' LA COSTA HOTEL AMD SPA WATERLTNE EASEMENT (SOUTHERLY .AREA) " R.B. CHK'O.J.W.10-12-H7 SMKCT 2°'2 t 4M JAWCO FUSS w 1561 RICK ENGINEERING COMPANY I 3088 PIO PICO DR. TELEPHONE • SUITE 202 • CARLSBAD, CA 92008 AREA CODE 619 • 729-4987 EXHIBIT "A" Pago 6 of 10 . .Parcel B-l: A 2U foot easemgnt tha centerline of which begins at the herein above described point B-l; thence North 66°53'31" East 15.00 feet. Parcel B-2: A 10 foot easement the centerline of which begins at the herein above described point B-2; thence North 68°28'17" East 21.UO feet. Parcel B-3: A 10 foot easement the centerline of which begins at the herein above described point B-3; thence South 57°42'26" West 15.00 feet. Parcel B-4: A 10 foot easement the centerline of which begins at the herein above described point B-4; thence North 32"56'19" Wast 14.50 feet. Parcel B-5: A 10 foot easement the centerline of which begins at the herein above described point B-5; thence South 57«53'31" West 11.00 feet. The side lines of said 10 foot easement to be extended or shortened to meet at angle points and to begin on said line bearing South 23°06'29" Eaut through the TRUE POINT OF BEGINNING. tint u.COM,**, QRDCRNO. 1 CATC DDCHIPTlOM NCVI)ON 3 (M \ 03 \f> MAP NO. 5434562 ^ *• ^<"> ^fe /«Xt39'58'W/^i00. M> <-x^*x-^"r"i®F^&&*&\ *%%<»* . 'SS^^f^A ^/JKW* \ fe 39.93' PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF WATERLINE EASEMENT LA COSTA HOTEL S SPA SOUTHERLY AREA EXHIBIT "A" Pnry* 7 of 1Q RICK •NOINMHniNO COMPANY OVH. «MoiNa««*-aunv«voi*«-M. ff-7-87 (M O './^ CD wrvttrntsr 1563 RICK ENGINEERING COMPANY I MffiiM EXHIBIT "A" i Page 8 of 10 An easement 10 feet wide over those portions of Section 26 and Bectlon 35 both in Township 12 South, Range 4 West, San Bernardino meridian, in the City of Carlsbad, in the County of San Dingo, State of. California, according to official plat, thereof, being a 10.00 foot wide strip of land lying 5.00 foot on etch side and parallel with the following described centerline: COMMENCING at the Southwest corner of Lot 129 of La Costa Valley Unit No. 1 according to Map No. 5434, on file in the office of the County Recorder of said County, also being a point on the Southerly boundary line of said Map No. 5434, thence along the Southerly boundary line thereof North 85°39'08" West (North 85*37'21H West per Map No. 5434) 62.00 feet to a point on the centerline of a waterline easement recorded March 21, 1969 as file/Page 49324 of Official Records, thence along said centerline of dilating easement the following courses; South 4°20'52" West 152.S2 feet to the beginning of a tangent 218.16 foot radius curve concave Westerly, thence Southerly along the arc of said curve through a central angle of 3°41'08" a distance of 14.03 feot to a point on the arc of an non-tangent 358.00 foot radius curve concave Southerly, a radial lino to said point bears North 0*Q6'0)" Hast; thence leaving said centerline of existing easement Easterly along the arc of said curve through a central angln of 22°25'51" a distance of 140.35 feet, thence South *7*28'06" Kast 62.00 feet to the beginning of a tangent 192.00 foot radlun curve concave Northerly; thence Easterly along the arc of H.iid curve through a central angle of 14°29'36" a distance of 4B.17 feet) thence South 81°57'42>1 East 130.00 feet to the beginning of a tangent 273.00 foot radius curve concave Southwesterly, thonce Southeasterly along the arc of said curve through a central angle of 53°39'17" a distance of 255.65 feet; th*ni-p South 28"18'25" East 4.-08 feet to the TRUE POINT OF BEGINNING of thr centerline of this easement; thence North 5«*40'02" Eist 102.72 feet; thence South 78°14'04" East 154.00 f««t to point X; thence North 11045'56" East 108.23 feet; thence North 0"43'14H West 33.18 feet to point C-l, thence continuing North 0*43'14" West 146.82 feet t-> the beginning of a tangent iSO.OO foot radius curve concave Westerly, thence Northerly along the *rc of said curve through a central angle of 8"28'06" a distance of 81.29 feet; thence North 9°11'20" West 96.64 feet to point C-2, thence continuing North 9°11'20 West 40.00 feet to point C-4, thence continuing North 9°11'20 Wo.'jt 180.39 feet to th« beginning of a tangent 360.00 foot radius curve concave Ka»terly, thence Northerly along the arc of said curve through a central angle of 17°26'45" a distance of 109.62 feet to point C- %, thence continuing along the arc of said curve through a central angle of 0°05'55" a distance of 0.62 feet; thence North man;-;• •»•«• 1ti««n« rnrrrij- TSTri ({Vr>VFt'N CK-MWD $ i4 COSTA "TO r& -L PA -«• HA' 3088 PIO PICO DR. TELEPHONE . COSTA rERl.INE HOTEL AND EASEMENT . SUITE 202 AREA CODE SPA (NORTHERLY AREA) • CARLSBAD, 619 . CA 92008 729-4987 R.R.c"*'°j.w.10-12-87 1 0>'2 PROJECT NLfVt^H CALE /"'/OP' I n/>TE /0-7'ff7 t 1564 •»{-«: 8984-L LA COSTA HOTEL AND SPA MATFRT.TNF. KASFMRNT (NORTr.KDT.V APFA) " R.D. CMK'O. .T . W DATE 10-12-87 SHUT 2 °'2 we DAWCO MCSS RICK ENGINEERING COMPANY 3088 PIO PICO DR. TELEPHONE . SUITE 202 • CARLSBAD, CA 92008 AREA CODE 619 . 729-4987 EXHIBIT "A" Page 9 of 10 8*21'20" East 44.35feet to point C-V;thence continuing North 8°21'20" East 229.88 feet; thence North 39°45'05" West 113.37 feet to a point on the Southerly line of that certain waterline easement recorded July 11, 1974 as File/Page No. 74-185051 of official records, said point being the POINT OF TERMINUS. Together with the following described parcels: Parcel C-l: A 10 foot easement the centerline of which begins at the herein above described point C-l; thence South 89°16'46" West 14.50 feet. Parcel C-2: A 10 foot easement, the centerline of which begins at the herein above described point C-2; thence South 80°48'40" West 50.00 feet; thence North 87°56'20" West 70.00 feet to point C-3, thence continuing North 87°56'20" West 10.00 feet; thence South 2"03'40" West 22.13 feet. Parcel C-3: A 10 foot easement the centerline of which begins at the herein above described point C-3; thence South 2°03'40" West 30.18 feet. Parcel C-4: A 10 foot easement the conterline of which begins at the herein above described point C-4; thence South 80°48'40" West 14.50 feet. Parcel C-5: A 10 foot easement the centerline of which begins at the herein above described point C-5; thence North 81°44'35" West 123.00 feet; thence South 53"15'25" West 20.71 feet to point C-6; thence continuing South 53°15'25" West 40.05 feet. Parcel C-6: A 10 foot easement the ccnterlino of which begins at the herein above described point C-6; thence South 36°44'35" East 23.68 feet. Parcel C-7: A 10 foot easement the conterline of which begins at the herein above doncribcd point C-7; thence North 81°38'40" Went H.OO feet. Tho side lines of said 10 foot easement to be extended or shortened to meet at angle pointn and to begin on said line bearing South 28°18'25" East through the TRUE POINT OF BEGINNING and to end on Southerly line of naid water lino easement. I (BETWEEN C.PMWO $ M COSTA nom. swj \ •* E o (Scr, t fWWJ sr^\ PLAT TO ILLUSTRATE LEGAL DESCRIPTION OFWATERLINK LA COSTA HOTEL AND SPA (NORTHERLY AREA)DOI1BIT "A"pnr». in of •NOINMMPtlNOI COMPANY 1 (BETWEEN C.P.MMO ft/tcosu Hom.-smj i mrn-rr-«».*». ».w> • [ U^T r'XV' l.'«.r .P7-fr I <vV> „ 1566 EXHIBIT "8* Page j. of 4 EXHIBIT "B" HOLD HARMLESS AGREEMENT BETWEEN COSTA REAL MUNICIPAL WATER DISTRICT LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL PARTNERSHIP THIS AGREEMENT is made by the Costa Real Municipal Water District hereinafter called "CRMWD," and La Costa Hotel and Spa, a California general partnership, hereinafter called "La Costa Hotel and Spa," owner of that real property described as portions of Section 26 and Section 35 both in Township 12 South, Range 4 West, San Bernardino meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the official plat thereof. Lf Costa Hotel and Spa agrees to assume all responsibility for the construction and maintenance of the structures adjacent to the existing eight inch (8") and six inch (6") water pipes, in the City of Carlsbad, as shown on attached Exhibit "B" attached hereto and made a part hereof and as CRMWD reference No. 83-222, and assumes all responsibility for damage caused by said structures to water facilities owned by tho CRMWD, or to said structures by breakage, leakage, repair, maintenance, or relocation of said water line. Damage shall include but not be limited to the following) execeasive bearing loads caused by I (BETWEEN C.S-M.WO f u cosu nom • sw) 1-"^'""•"?I v I „•«!> f'KV O Io* C'y. v. 15S7 EXHIBIT "B- Page 2 of 4 said structures, or failure of walls due to the excavation of said existing eight inch (8") and six inch (6") pipelines by the CRMWD. The structures referred to herein are more specifically the walls, buildings, and walkways adjacent to and over the eight inch (8") and six inch (6") pipelines lying within the herein described easement referenced as parcels A, B, and C, and more particularly between point A-8 of said parcel A to point X of said Parcel C, and between point Y of said Parcel B to point Z of said parcel B, all as shown on attached Exhibit "B". La Costa Hotel and Spa further agrees to defend, indemnify, protect and hold the CRMWD and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or inj lies to any person or property, which arises from or are connected with or are caused or claimed to be caused by said structures, or repairs, maintenance, or relocation of said waterlinos and all expenses of investigation and defending against same; provided that the duty of La Costa Hotel and Spa to indennify and hold harmless; shall not include any claims or liability arising from the established sole negligence or willful misconduct of CRMWD, its agents, officers or employees. Recognizing that in exchange for the consideration of La Costa (BETWEEN HOTO.-SW) I -. 1568 EXHIBIT "B" Page 3 of'? Hotel and Spa to hold the CRMWD harmless, the CRMWD District will allow the existing construction of facilities to remain which may be potentially detrimental to said existing eight inch (8") and six inch (6") water pipelines. La Costa Hotel and Spa acknowledges that the easement being granted concurrently with this agreement would not be accepted by CRMWD but for these covenants and promises that CRMWD will be held harmless. The terms and conditions of this agreement shall be binding on future owners of the subject property, and shall be recorded with the easement for the pipeline referred to herein. IN WITNESS WHEREOF, this agreement is executed by the Costa Real Municipal Water District and by La Costa Hotel and Spa, a California general partnership. DATE OP EXECUTION: October |f, 1OH7 LA COSTA HOTEL AND SPA, a California general partnership Allard Roen Managing General Partner 83-222 La Costa Hotel « Spa DATE OF EXECUTION: COSTA REAL MUNICIPALWATER DISTRICT bsan M. Haasl, President L* COSTA Ham.- VICINITY MAP NO it ALE EXHIBIT "B" HOLD HARMLESS AGREEMENT RICK •NOIIMKBRINO COMPANY OtVH. BCALC f'KO' TDATE 0-7-ff7 \ s O 00cr>in