HomeMy WebLinkAboutCT 14-08; Grand Pacific Carlsbad Hotel LP; 2016-0689247; EasementRECORDING REQUESTED 13'{ , ,-
ctllCAGO TITLE COMPANY
WHEN RECORDED, MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2016-068924 7
//IIIII IIIII IIIII 111111111 /IIIII 1111111111 1111111111 IIIII IIIII /Ill /Ill
Dec 15, 2016 04:53 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PCOR: N/A
PAGES: 14
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 211-023-07, 212-271-02, 211-130-10,
211-130-04
Project: DEV14056
Related Projects: CT140008, GPA140003,
ZC140002, SDP14011
Project Name: WESTIN HOTEL & TIMESHARE
PEDESTRIAN ACCESS EASEMENT AGREEMENT
AND GRANT OF EASEMENT DEED
The undersigned Grantor declares:
Documentary transfer tax is $None (No Consideration --easement only)
[ ] computed on the full value of the interest or property conveyed, or
[ ] computed on the full value less the value of liens or encumbrances remaining thereon at the
time of sale.
[ ] unincorporated area, or
[ xxx] City of Carlsbad.
This Pedestrian Access Easement Agreement and Grant of Easement Deed ("Agreement and
Grant") is made to be effective as of the /5"' day of f)e_<:_{}.-fY1b{2f , 2016, by and between
GRAND PACIFIC CARLSBAD HOTEL, L.P., a Delaware limited partnership ("Grantor"), and
the CITY OF CARLSBAD, a California municipal corporation, and the CARLSBAD
MUNICIPAL WATER DISTRICT, a California municipal water district, as tenants in common
("Grantee") (with each party sometimes called a "Party," or both the "Parties"), with respect to the
following subject matter:
Background
A. Grantor is the legal fee owner of that certain real property legally described on Exhibit "A"
(the " Servient Tenement") attached hereto and made a part hereof.
B. Grantee is the legal fee owner of that certain real property legally described on Exhibit "B"
attached hereto and made a part hereof (the "Hotel Addition Property"). Concurrently
herewith, Grantee, as ground lessor, and Grantor ("Hotel Addition Tenant"), as ground
lessee, have entered in that certain Ground Lease dated /2-/£ , 2016 (as the same
may be amended, reinstated or replaced from time to time, the "Hotel Addition Ground
Lease"), pursuant to which Grantee will ground lease to Hotel Addition Tenant the Hotel
54 -City Hotel Pedestrian Access
4822-0658-2332.4
Addition Property, upon which land Hotel Addition Tenant intends to construct hotel
rooms and ancillary improvements that upon completion will be operationally integrated
into the adjacent Westin Hotel (the "Hotel Addition"). The Hotel Addition Property is
referred to herein as the "Dominant Tenement", and together with the Servient Tenement,
the "Properties", or individually, each a "Property".
C. Grantee desires to acquire certain easement rights in, over, under, across, through, and
along the Servient Tenement for the benefit of the Dominant Tenement, and Grantor is
willing to grant such rights, to become effective upon the expiration or any earlier
termination of the Hotel Addition Ground Lease, all in accordance with the following
terms.
Agreement and Grant of Easement
Now therefore, Grantor and Grantee hereby agree as follows:
1. Grant of Easement and Purpose. Grantor hereby grants to Grantee a permanent and
nonexclusive easement (the "Easement") in, over, across, through, and along the established
access elements of the common areas (but excluding areas reserved for use of Grantor's guests
only), including walkways, passageways, and the vertical transport elements, as exist from time to
time on the Servient Tenement for pedestrian access between parking areas located west of Grand
Pacific Drive and the vertical transport elements of the Dominant Tenement for use by Grantee's
and its tenants' guests, visitors and business patrons (collectively, "Permittees") as may be required
for Grantee's and its tenants' use of the Dominant Tenement. However, the easement granted
herein shall be subject to such reasonable limitations (such as time of use and limitations on path of
travel so as to exclude certain open areas or amenities intended for the use of Grantor's guests
only) as may exist from time to time under rules and regulations established by Grantor related to
the operation of the Servient Tenement, provided that any such limitations: (i) shall be
implemented only after sixty (60) days' written notice shall have been given to Grantee; and
(ii) shall not unreasonably interfere with or diminish access to the Dominant Tenement. For
example, rules and regulations established by Grantor may designate certain areas of the Servient
Tenement (such as pool areas which are accessible with a hotel guest pass) for use by the guests
only of the Servient Tenement. Notwithstanding anything to the contrary herein, the Easement
excludes areas within the exterior walls of any building and other structure as exists on the
Servient Tenement from time to time, except as may otherwise be provided in a written agreement
hereafter executed by Grantee and Grantor and approved in writing by each lender holding a deed
of trust or other lien on the Servient Tenement, provided that Grantee and its Permittees shall at all
times have reasonable exterior pedestrian access between parking areas located west of Grand
Pacific Drive and the Dominant Tenement.
2. Character of Easement. The Easement herein granted shall become effective,
without the need for action on the part of Grantor or Grantee, and commence upon the expiration
or any earlier termination of the Hotel Addition Ground Lease. The Easement shall thereafter be
appurtenant to, for the benefit of, and shall run with the land of, the Dominant Tenement and will
remain in effect perpetually to the extent permitted by law.
-2-54-City Hotel Pedestrian Access
4822-0658-2332.4
3. Operation, Maintenance, Repair, and Upkeep. Grantor shall, at no cost to Grantee,
at all times operate, maintain, repair, and keep clean the improvements relating to the Easement
improvements, including road surface, walkways, landscaping, and all related improvements
(collectively, called here the "Improvements").
4. Entire Agreement. This Agreement and Grant contains the entire agreement
between the Parties relating to the Easement herein granted. Any oral representations or
modifications concerning this Agreement and Grant shall be of no force and effect excepting a
subsequent modification made in writing.
5. Arbitration of Disputes. In the event of a dispute between the Parties and/or any of
their successors relating to their respective rights and duties under, or the interpretation of, this
Agreement and Grant, any such Party may cause the same to be referred to binding arbitration in
San Diego County, California, to be administered by, and to be in accordance with the then
prevailing commercial rules of, the American Arbitration Association. The decision of the
arbitrator in this matter shall be final and conclusive upon the issue or issues in question. The
arbitrator may include in his, her, or their decision an award for costs and/or attorneys' fees in favor
of the prevailing Party or Parties against any one or more of the other Parties to the arbitration.
6. Attorneys' Fees. In the event of any controversy, claim, or dispute relating to this
Agreement and Grant, the prevailing Party shall be entitled to recover from the losing Party such
prevailing Party's reasonable expenses, attorneys' fees and costs.
7. Binding Effect. This Agreement and Grant shall be binding on, and shall inure to
the benefit of, the Grantor and the Grantee, and all successors and assigns of each of them, and all
or any portion of the Dominant Tenement, and all or any portion of the Servient Tenement, subject
to the terms of Paragraph 2 above.
8. Subordination; Effect of Breach of Agreement on Lien of Mortgage or Deed of
Trust. Any lien granted, obtained, held or recorded to or by a party pursuant to any provisions of
this Agreement and Grant against any of the Properties which are the subject of this Agreement
and Grant shall be junior and subordinate to all mortgages and deeds of trust made in good faith
and for value and which are now or hereafter constituted as an encumbrance upon a Property or
any portion thereof. Except as provided in the immediately preceding sentence, all of the
easements, covenants, and other provisions contained in this Agreement and Grant shall be
deemed superior to all mortgages and deeds of trust made in good faith and for value hereafter
constituted as an encumbrance upon the Properties or any portion or estate thereof. The breach of
or the attempt to breach any of the easements, covenants or other provisions contained herein shall
not defeat, affect, or render invalid a lien or charge of any such mortgage or deed of trust made in
good faith and for valuable consideration; provided, however, that all such easements, covenants,
and other provisions shall remain in full force and effect, as herein provided, notwithstanding the
foreclosure and subsequent foreclosure sale of any mortgage or deed oftrust which shall hereafter
constitute an encumbrance upon the Properties or any portion or estate thereof. No party acquiring
title to any Property pursuant to any such foreclosure sale shall have liability for damages or
otherwise related to any breach occurring prior to such foreclosure sale or for any unpaid liens,
assessments or other amounts pertaining to the period prior to such sale, but shall be subject to
curing, within a reasonable time period following acquisition of title, any non-monetary default
-3-54-City Hotel Pedestrian Access
4822-0658-2332.4
still continuing after the occurrence of such foreclosure sale and which is reasonably susceptible of
cure. Acceptance of a deed in lieu of foreclosure shall be deemed equivalent to the completion of
a foreclosure sale for purposes of the foregoing provisions.
9. Estoppel Certificates. Within twenty (20) days following receipt of written request
therefore, either Party shall deliver to the other Party or to any mortgagee or prospective
mortgagee an estoppel certificate stating as of the date of such certificate whether the certifying
Party has knowledge (a) of any default under this Agreement and Grant (and if there are any
defaults, specifying the nature thereof) and the date thereof; (b) of any modification or amendment
in any way of this Agreement and Grant (and if it has, then stating the date and nature thereof); (c)
that this Agreement and Grant is in full force and effect: and (d) such other matters as may be
reasonably requested. Such statement may be relied upon by the addressee of the estoppel
certificate.
10. Liens. If any mechanic's lien or similar lien is filed against the Servient Tenement
as a result of services performed (or alleged to have been performed) or materials furnished (or
alleged to have been furnished) for the use of or by either Party, such Party shall cause such lien to
be discharged of record within sixty ( 60) days after receipt of notice of the existence of such lien,
either by payment, bonding or other lawful manner. Grantor shall pay or cause to be paid all real
estate taxes and assessments applicable to the Servient Tenement prior to delinquency and shall
keep the Servient Tenement free of any liens for taxes. Subject to the foregoing, nothing herein
shall prevent the Grantor from contesting the validity of any such lien.
11. Counterparts. This Agreement and Grant may be executed in multiple
counterparts, each ofwhich shall be deemed an original, but all of which, together, shall constitute
one and the same instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
-4-54-City Hotel Pedestrian Access
4822-0658-2332.4
4822-0658-2332.4
Executed to be effective as of the date first above written.
GRANTOR:
GRAND PACIFIC CARLSBAD HOTEL,
L.P., a Delaware limited partnership
By: Grand Pacific Carlsbad Hotel, Inc.,
a Delaware corporation, it eneral Partner
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
{Signature page to Pedestrian Access Easement
Agreement and Grant of Easement Deed]
54-City Hotel Pedestrian Access
GRANTEE:
alifornia municipal
Approved as to form and legality:
By:~!::.L____:._:_..~-+~--------
Name: Kevi rawford
Title: Executive Manager
Approved as to form and legality:
Ce~OA.-< Celia Brewer, i y Attorney
[Acknowledgments on following pages]
4822-0658-2332.4
{Signature page to Pedestrian Access Easement
Agreement and Grant of Easement Deed]
54 -City Hotel Pedestrian Access
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 ~a-Vl D i>£Cp ~ ss. .
On \?>t~ l)iC · , 2016 before me, ~~f'ite& }oreVV\~Y\ 1 VJOttx~~JtA~\ \&
personally appeared 1\ mo\V\L1 J. £t rt ue personally known to me (o~ proved to me
on the basis of satisfactory evidence) to be he person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
MARITES BOREMAN
Commission# 2128780 ~ ~ -~ Notary Pu.blic -California ~
z San D1ego County -
(SEAL) L ;·: .· • .MJ8o:T· JX£iU's};t t·J'LJ tl
Notary bhc m and for smd State
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
)
) ss.
) b . -'--"------'--~--T--r---=-' 2016, before me, ~0. f \ ~i& ~ r -e VV\() V\ I IJ)DtCA f~ P, U ~ \G
personally appeared II V\ personally known to me (or proved to rlle
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL) MARITES BOREMAN
•
Commission# 2128780 z
~ Notary Public -California ~
~ san Diego County ~ J. • , • • , MJ8o:T· JX£iU's4 ozt} J~1:,
54-City Hotel Pedestrian Access
4822-0658-2332.4
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 filW DtE{70
)
) ss.
)
On D£Lf:1.\/(fl~ l ~ 2016 before me c;-tl-ElL A-:fl. ( C> G'( AN fV Jltt7Ly ?Ge-t i (--" ' ' ' ./ I ' personally appeared ~~VI N ((Z,tv\, 'l:::r.XJ) personally known to me (or proved to me
on the basis of satisfactory evidence) to Ae the person whose name is subscribed to the within
instrument~acknowledged to me that<heYst(e executed the same in Ghet=-authorized capacity,
and that b~signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ~N Dlt::-:l) (.) ~ ss.
On ()t;U .. lt.tE)r-x _ l3, 2016, before me, Sict::l LA lZ Lw(A1V fJJor'fW-ii]{;t.u. c___
personally appeared l(_ -t"YV ,VI C /2_1\W 0:)f-Q personally known to me (or proved to me
on the basis of satisfactory evidence) t~~ the person whose name is subscribed to the within
instrument ~acknowledged to me th~~l.s.Re executed the same in@~~authorized capacity,
and that b~s.£het' signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
54-City Hotel Pedestrian Access
4822-0658-2332.4
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
) COUNTY OF 2:::anMi ~
On 'J2!C.-13( , 2016, before) me, 8\e:jaJ?.Cob,aJ') 1 ~t?P1G
personally appeared ~\/ j o CcC~JUf?.c.hr~ personally known to me (or proved n;e
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that.<lie)~xecuted the same itdiillher-ttuthorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
@ SHEILA R. COBIAN
_ Commission # 2020389
~ Notary Public -California l San Diego County ..
(SEA)' • • ' oMl :oT"!; txtrV :az 10, 2017~ 0 0 0 0
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTYOF )
On , 2016, before me,
personally appeared personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
54 -City Hotel Pedestrian Access
4822-0658-2332.4
EXHIBIT II A II
DESCRIPTION OF SERVIENT TENEMENT
(APN 211-130-10 and APN 211-130-04)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT
PLAT (ADJ d-010 WOj ) RECORDED DECEMBER ~~ , 2016, AS DOCUMENT
NO. 2016-of,£:2'8'7 ~ OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL A OF A.DJ 12-02, CERTIFICATE OF COMPLIANCE FOR
ADJUSTMENT PLAT, RECORDED ON APRIL 2, 2012 AS DOCUMENT NO. 2012--,0187408,
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 SOUTHERLY CORNER OF SAID PARCEL A; THENCE
NORTH 10° 08' 50" WEST, A DISTANCE OF 63.54 FEET; THENCE NORTH 68° 20' 14"
WEST, A DISTANCE OF 99.46 FEET; THENCE SOUTH 90° 00' 00" WEST, A DISTANCE OF
140.00 FEET TO A POINT ON A NON-TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 71 o 25' 52" WEST; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
31° 39' 06", AN ARC LENGTH OF 16.57 FEET; THENCE NORTH 13° 04' 58" EAST, A
DISTANCE OF 17.33 FEET TO THE BEGINNING OF A 19.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 36° 36' 21 ", AN ARC LENGTH OF 12.14 FEET;
THENCE NORTH 23° 31' 23" WEST, A DISTANCE OF 251.65 FEET TO THE BEGINNING
OF A 373.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 04' 59", AN
ARC LENGTH OF 98.19 FEET; THENCE NORTH 08° 26' 24" WEST, A DISTANCE OF
167.48 FEET TO THE BEGINNING OF A 410.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 48° 48' 15", AN ARC LENGTH OF 349.24 FEET TO
THE BEGINNING OF A 353.00 FOOT RADIUS REVERSE CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 32° 45' 21" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27° 48' 56", AN ARC LENGTH OF 171.37 FEET; THENCE NORTH
58° 37' 29" EAST, A DISTANCE OF 176.70 FEET; THENCE NORTH 31° 22' 31" WEST, A
DISTANCE OF 16.75 FEET; THENCE NORTH 58° 37' 29" EAST, A DISTANCE OF 114.57
FEET; THENCE SOUTH 79° 58' 33" EAST, A DISTANCE OF 91.62 FEET; THENCE SOUTH
03° 24' 48" WEST, A DISTANCE OF 57.39 FEET; THENCE SOUTH 31° 23' 04" EAST, A
DISTANCE OF 176.86 FEET; THENCE SOUTH 36° 41' 28" EAST, A DISTANCE OF 85.59
FEET; THENCE SOUTH 72° 17' 24" EAST, A DISTANCE OF 202.23 FEET; THENCE SOUTH
26° 30' 12" EAST, A DISTANCE OF 272.68 FEET; THENCE SOUTH 00° 03' 41" WEST, A
DISTANCE OF 283.64 FEET; THENCE NORTH 89° 56' 19" WEST, A DISTANCE OF 120.00
4822-0658-2332.4
EXHIBIT "A"
-1-
54-City Hotel Pedestrian Access
FEET; THENCE SOUTH 00° 03' 41" WEST, A DISTANCE OF 160.04 FEET; THENCE
SOUTH 89° 56'19" EAST, A DISTANCE OF 120.00 FEET; THENCE SOUTH 00° 03' 41"
WEST, A DISTANCE OF 110.04 FEET; THENCE SOUTH 50° 54' 01" WEST, A DISTANCE
OF 73.43 FEET TO A POINT ON A NON-TANGENT 317.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 14° 27' 53"
WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 06° 15' 49", AN ARC LENGTH OF 34.65 FEET TO THE POINT OF
BEGINNING.
APN 211-130-10
LOT 11 OF CITY OF CARLSBAD TRACT NO. 03-02 CARLSBAD RANCH HOTEL AND
TIMESHARE CONDOMINIUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15332, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 2006.
APN 211-130-04
4822-0658-2332.4
EXHIBIT "A"
-2-
54 -City Hotel Pedestrian Access
EXHIBIT "B"
DESCRIPTION OF DOMINANT TENEMENT
HOTEL ADDITION PROPERTY
(APN 211-023-07 and portion of APN 212-271-02)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR
ADJUSTMENT PLAT (ADJ 16-08) RECORDED DECEMBER /s-, 2016, AS
DOCUMENT NO. 2016-0(J£,g ( b ( OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS F AND H OF RANCHO AGUA HEDIONDA,
ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 AND A
PORTION OF LOT 9 OF CITY OF CARLSBAD CT 09-03, ACCORDING TO MAP
THEREOF NO. 15902, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 4, 2013, BOTH IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE SAID LOT 9;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 9, NORTH 00°04'15" EAST,
A DISTANCE OF 110.04 FEET TO SOUTHEAST CORNER OF SAID LOT F, THE
NEXT THREE (3) COURSES BEING ALONG THE BOUNDARY LINES OF SAID
LOTF;
THENCE NORTH 89°55'45" WEST, A DISTANCE OF 120.00 FEET TO THE
SOUTHWEST CORNER OF SAID LOT F;
THENCE NORTH 00°04'15" EAST, A DISTANCE OF 160.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT F;
THENCE SOUTH 89°55'45" EAST, A DISTANCE OF 120.00 FEET TO THE
NORTHEAST CORNER OF SAID LOT F, SAID POINT ALSO BEING ON THE
WESTERLY LINE OF SAID LOT 9;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 9, NORTH
00°04'15" EAST, A DISTANCE OF 181.30 FEET TO THE NORTHWEST CORNER;
4822-0658-23324
EXHIBIT "B"
-1-
54-City Hotel Pedestrian Access
THENCE LEAVING SAID NORTHWEST CORNER AND ALONG THE
NORTHERLY LINE OF SAID LOT 9, NORTH 79°29'29" EAST, A DISTANCE OF
122.80 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 12°39'48" WEST, A
DISTANCE OF 195.66 FEET;
THENCE SOUTH 44°59'43" EAST, A DISTANCE OF 135.72 FEET; THENCE SOUTH
45°00'17" WEST, A DISTANCE OF 134.38 FEET;
THENCE SOUTH 00°00'17" WEST, A DISTANCE OF 65.23 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID LOT 9;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE, SOUTH 71 °27'08" WEST,
A DISTANCE OF 83.68 FEET TO THE POINT OF BEGINNING.
APN 211-023-07 AND APN 212-271-02 (PORTION)
4822-0658-2332.4
EXHIBIT "B"
-2-
54 -City Hotel Pedestrian Access
CERTIFICATION FOR ACCEPTANCE OF PEDESTRIAN ACCESS
EASEMENT AGREEMENT AND GRANT DEED OF EASEMENT
(City of Carlsbad and CMWD)
This is to certify that the interest in real property conveyed by the grant
deed of easement for pedestrian access PURPOSES in, over, across, through,
and along said Servient Tenement dated December 13, 2016, from Grand Pacific
Carlsbad Hotel, L.P., a Delaware limited partnership, to the City of Carlsbad,
California, a municipal corporation, and to the Carlsbad Municipal Water District,
a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, is hereby accepted by the City Council
of the City of Carlsbad, California, and by the Board of Directors of the Carlsbad
Municipal Water District, California, and the grantee consents to the recordation
thereof by its duly authorized officer.
DATED: December 13, 2016
FAVIO M INA
Deputy City Clerk
{SEAL)