HomeMy WebLinkAboutPR 00-49; Wave Crest Resorts, LLC; 2000-0419047; Easement- .I . ..a 1 I ’ ’ e
RECORDING REQUESTED BY
AND WHEN RECORDED, I
9! DOC #. 2000-0419047
5136 ;.q#l;re- 08, 2000 2:51 PM
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
CFFICICY REaRDs 3fiNDI&~T~~
Fi$: ’ 0.;
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
Erp
e
rJ c The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
Space above this line for Recorder’s use.
SW Assessor’s Parcel No.: ~100-19-00
Project No. & Name: PR 00-49
SDP 97-19: CARLSBAD BEACH HILTON
CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
c
@4zakG?i 595ii2d WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED OF WATER LINE EASEMENT
WAVE CREST RESORTS, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement.
Purpose: the easement granted herein shall be granted for the following purposes: the construction,
operation, repair, reconstruction and all activities 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.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all
facilities and structures associated with said use which are designed to facilitate the use and protect the facility from
natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors,
locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of
Eng\Word\Masters\Forms\Grant Deed of Water Line Easement
1
00i17l90 Rev.
1t ..I . * * h - 5137
access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and
reconstructing said facility.
Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built not
trees planted in or upon the easement, except as to those improvements (including portions of driveway, parking
and landscaped areas) referred to in, and indicated on, that certain Plat attached hereto as Exhibit “C” and by this
reference made a part hereof, without the express written consent of the Grantee which shall not be unreasonably
withheld. Grantor further agrees that, except for the uses so described in the preceding sentence and referenced in
Exhibit “C”, the easement shall not 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 consent of the Grantee, which shall not be unreasonably withheld.
LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties
more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof.
Wave Crest Resorts LLC, a California limited liabilitv company
(Name of Company)
By: Two Seas Enterprises, Inc., a California corporation
By:
Name: William L. Canepa I
Title: President, Two Seas Enterprises, Inc.
a California corporation
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
AS TO FORM:
GENERAL COUNSEL
\
By: b . - DAMIEF B. BROWER, Deputy General Counsel
Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/17/98 Rev.
5138
PR 00-49
EXHIBIT “A’
20.00 FOOT WIDE WATER EASEMENT
ALL THAT PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE
RECORDED NOVEMBER 17,1998 AS DOCUMENT NUMBER 1998-0747419 OF
OFFICIAL RECORD OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING
5.00 FEET NORTHERLY AND EASTERLY AND 15.00 FEET SOUTHERLY AND
WESTERLY ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
LINE.
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL “A” OF SAID
CERTIFICATE OF COMPLIANCE; THENCE WESTERLY ALONG THE SOUTHERLY
LINE OF SAID PARCEL “A”, NORTH 89”25’20 WEST 17.66 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTH
48°01’09” WEST 70.17 FEET; THENCE NORTH 22028’ 16” WEST 7.52 FEET TO A
POINT HEREAFTER REFERRED TO AS POINT A; THENCE NORTH 22O28’16” WEST
143.25 FEET TO A POINT HEREAFTER REFERRED TO AS POINT B; THENCE
NORTH 22O28’16” WEST 126.65 FEET TO A POINT HEREAFTER REFERRED TO AS
POINT C; THENCE NORTH 22’28’16” WEST 114.35 FEET TO A POINT HEREAFTER
REFERRED TO AS POINT D; THENCE NORTH 22O28’16” WEST 67.85 FEET; THENCE
SOUTH 67O30’37” WEST 263.61 FEET; THENCE SOUTE-I 77”55’44” WEST 8.00 FEET
TO A POINT HEREAFTER REFERRED TO AS POINT E; THENCE SOUTH 12’04’16”
EAST 180.07 FEET; THENCE SOUTH 2228’16” EAST 124.27 FEET TO THE
SOUTHERLY LINE OF SAID PARCEL “A”; THENCE EASTERLY ALONG SAID
SOUTHERLY LINE OF SAID PARCEL “A” NORTH 88’42’21” EAST 26.14 FEET TO A
POINT HEREIN AFTER REFERRED TO AS POINT F: THENCE CONTINUING ALONG
SOUTHERLY LINE NORTH 88’42’21” EAST 5.74 FEET TO A CORNER OF SAID
PARCEL “A”; THENCE SOUTflERLY ALONG THE WESTERLY LINE OF SAID
PARCEL “A”, SOUTH 16”44’53” EAST 23.02 FEET TO A POINT HEREAFTER
REFERRED TO AS POINT G, SAID POINT BEGIN NORTH 16’44’53” WEST 55.85
FEET FROM THE SOUTHWESTERLY CORNER OF SAID PARCEL “A”; THENCE
CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE OF SAID PARCEL “A’
SOUTH 16”44’53” EAST 55.85 FEET TO SAID SOUTHWESTERLY CORNER OF SAID
PARCEL “A”; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF SAID
PARCEL “A” SOUTH 89O25’20” EAST 339.48 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH STRIPS OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES.
1563\1 x3-watmREv#4
. -
5139
COMMENCING AT THE ABOVE MENTIONED POINT A, THENCE NORTH 89”25’24”
WEST 300.54 FEET TO SAID POINT G.
COMMENCING AT THE ABOVE MENTIONED POINT C, THENCE SOUTH 67”3 1’44”
38.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE MENTIONED POINT F, THENCE NORTH 6703 1’44”
EAST 21.50 FEET TO THE POINT OF TERMINATION.
ALSO TOGETHER WITH A STRIP OF LAND 20.00 FEET IN WIDTH LYING 5.00 FEET
EASTERLY AND 15.00 FEET WESTERLY ON EACH SIDE AND PARALLEL WITH
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE ABOVE MIWI’IONED POINT E, THENCE NORTH 12”04’16’
WEST 127.44 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF HEREIN DESCRIBED EASEM.ENT SHALL BE PROLONGED OR
SHORTENED TO CREATE CONTINUOUS AND FULL EASEMENT WIDTH AT ALL
INTERSECTING COURSES AND ALSO AT THE SOUTHERL YANDWESTERLY
LINES OF SAID PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE.
6-9-00
11 DATE
REGISTRATION EXPIRES 09/30/02
1563\1563-WatwREV#4
” . . ’ .
GRAPHIC SCALE
= 100 FEET
N 22"20'16" w 7.52#
N 22"20'16" W 143.25'
N 22'20'16" W 126.65'
N 22"28'16" W 114.35'
N 22"20'16" W 67.05'
5 67"30'37" W 263.61'
\ y. ; y;;;; ; 0.00 180.07'
5 22'20'16" e 124.27'
12 N 00"42'21" C 5.74' 13 N 00"42'21" f 31.00'
14 5 16"44'53" f 23.02'
15 5 16"44'53" 12 55.05' 16 5 09"25'2O" f 339.40'
17 N 09"25'24" W 300.54'
REC u-17-98 Doc#t99a-0747419
10 5 67"31'44" W 14.03
19 5 67"31'44" W 30.00'
20 5 67"31'44" W 11.11'
21 N 12"04'16" W 127.44'
25 5 Ol"l7'39" WfRJ 1-1-w-1 26 5 W42'21" W 55.56' 27 N 16"44'53" W 70.07' 20 N 67"31'44' t 21.50'
-N-09"25'ZU'-W-3m
SOL(yAR CONDOY/N/UY PLAN AS I!!. 88-855844 O.R. R&-c- 5-m -88
WATER WATER EASEMENT
SHEET 1 OF 1 SHEETS
4PPlICANT;
>AiOMAR BEACH RESORT,LLC
329 SEC@v'D STREET, SUITE A ?NCINITAAs, CA. 92024
A.P.N. 210-100-19
DATE 06-09-2000
1563WTREDWG
GRAPHIC SCAL
SCALE I” = 100 FEET
5141
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5 29’49’13” WfRj
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/ \I’! \a \,‘\, ‘\ \ \ 2
55.56’
31.&J
78.87’
y&r- STORM DRAIN(tp)
WA TER EASEMENT(tp)
CiTY OF CARLSDAD I .F!iFFT 1 OF 1 SHi
APPLICANT,
PALOMAR BEACH RESOR[LlC
829 SECOND SIREU SUITT A
ENCJNI TA S, CA. 92024
CETS
’ \
A. f?N. 210-loo- 19
Cl T Y ENGINEER DA TE IO-28- 99
REG. NO. DA TE
CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT .
Though the information below is not required by law, I? may prow valuab&
fraudulent removal and reaftachment of this form to andher &umeM. ;
Title or Type of Document: .
Document Date:
Signer(s) Other Than Named Above:
Capacity(k) Claimed by Signer(s)
Signer’s Name:
Cl Individual
Cl Corporate Officer
Title(s):
0 Partner - 0 Limited Cl General
0 Attorney-in-Fact
0 Trustee
0. Guardian or Conservator
Cl, Other:
Number of Pages:
Signer’s Name:
0 Individual
0 Corporate Officer
“ Ttle(s):
Cl Partner - q Limited Cl General
0 Attorney-in-Fact
0 Trustee
Cl Guardian or Canservator
0 Other: I
Signer Is Representing: Signer Is Representing:
9’994 htma N-~-lion.8236 -IAW.. P.O. br 7w-canoga fan. c~mws-71m proa.)(awo7
- h
5143
CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT
This is to certify that the interest ,in reaLproperty conveyed by the deed of grant _. a,_ ;y, 2’ :_ g,,j:. dated ~~~~ 23, 2000, from wave”~~~~~~ Retry, CLC.,“~i~atifornia Limited Liability
‘_
Company by Two Seas Enaerprises,~,i~~~~~a’cali~~~ra cor&r&$$o the City of ,‘;;iB:; ., ,.
,li,: A’,:: _: _), , I :’
Carlsbad, a Munidipal~,~~rpodEi~~, is her&y accepted ‘by t$‘eity &&cil of the City of
_: :_‘_ :_ :: : :
Carlsbad, Calif&&, p@!&nt to Ordinance No. NS-422, ado&& on S&ptember 16, ’
1997, and the grantee consents to the recordation thereof by its duly &ttkrized officer.
,,‘I ;i_ :_ ‘,,
DATED: J&$j , 2& .:,:.
‘>:
ICATE OF SECRETARY
m
0 SEAS ENTl%RHWW$ ING
I, the undersigned, William L. Canepa, do hereby certify that I am the duly
elected Secretary of Two Seas Enterprises, Inc., a California corporation, and to the
truth of the following facts:
1. The Members of Wave Crest Resorts LLC, a California limited liability
company (the “Company”), effective as of September 18, 1998, entered into a
certain Amended and Restated Operating Agreement for Palomar Beach Resort
LLC, a Caiifornia limited liability company (the “Agreement”).
2. Effective as of December 22, 1998, the Members of the Company
changed the name of the Company from “Palomar Beach Resort LLC” to “Wave
Crest Resorts LLC.”
3. By the terms of Section 5.3 A. of the Agreement, subject to certain
limitations which are not applicable here, the Manager of the Company has full right
and power to manage and carry out the purposes, business, and affairs of the
Company.
4. By the terms of Section 2.6 of the Agreement, one of the specific purposes
of the Company is to develop a hotel at the site of 6450 Carlsbad Boulevard,
Carlsbad, California (the “Property”).
5. By the terms of Section 1.19 of the Agreement, the Manager of the
Company is Two Seas Errterprises, Inc.,. a Ctiornia corporation (the “Manager”).
6. I am the duly elected President and Secretary of the Manager.
7. On August 15, 1999, by unanimous action taken by the Manager’s two
shareholders, myself and Lynn C. Cannady, the shareholders adopted the following
resolution:
Resolved, that William L. Canepa, the President of this
company, is hereby given full decision-making authority, power, and
discretion to manage and control all business and aflhirs of Wave Crest
Resorts, LLC, as its appointed manager, including performing all acts
WAVSO-OIU of Seabuy
and activities customary or incidental to such management, including
executing all documents required in the course of such management
without further signature(s) being required, including without
limitation, specifically, all right and power to grant and execute
easements over the Property in favor of the City of Carlsbad relating to
the relocation of Palomar Airport Road, and an easement in favor of
the Carlsbad Municipal Water District for water line and related
purposes.
Dated: August 3 1, 1999 d$v
Secretary
WAV504Uofof