HomeMy WebLinkAboutCT 14-08; |City of Carlsbad| Municipal Water District|; 2016-0689244; Easement AgreementRECORDING REQUESTED tf{
GH!C.AGO TITLE GOMPAAY
AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2016-0689244
1111111111111111111111111111111111111111111111111111111111111111111111
Dec 15, 2016 04:53PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PCOR: N/A
PAGES 35
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 211-023-07,212-271-02
Project: DEV14056
Related Projects: CT140008, GPA140003,
ZC140002, SDP14011
Project Name: WESTIN HOTEL & TIMESHARE
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement") is entered into as of this J5'" day of
Dec..e.mber; 2016 ("Effective Date"), by and between the CITY OF CARLSBAD, a
California municipal corporation, as the fee owner of Parcel B (defined below) ("Parcel B Owner")
and the CITY OF CARLSBAD, a California municipal corporation, and the CARLSBAD
MUNICIPAL WATER DISTRICT, a California municipal water district, as tenants in common,
as the fee owner of Parcel A (defined below) ("Parcel A Owner").
RECITALS
A. Concurrently herewith, Parcel B Owner, as ground lessor, and Grand Pacific
Carlsbad, L.P., a California limited partnership ("Parcel B Tenant"), as ground lessee, have entered
into that certain Ground Lease dated i"2 ... --I~ , 2016 (as the same may be amended from
time to time, the "Time Share Addition Ground Lease") pursuant to which Parcel B Owner will
ground lease to Parcel B Tenant certain land located in San Diego County, California, as more
particularly described on Exhibit "A" and depicted on Exhibit "A-1" attached hereto and
incorporated herein by reference ("Parcel B"), upon which land Parcel B Tenant intends to
construct a development of not less than thirty-two (32) time share vacation units and ancillary
improvements that upon completion will be operationally integrated into the adjacent
MarBrisa!Hilton Grand Vacation Resort (the "Time Share Addition").
B. Concurrently herewith, Parcel A Owner, as ground lessor, and Grand Pacific
Carlsbad Hotel, L.P., a Delaware limited partnership ("Parcel A Tenant"), as ground lessee, have
entered in that certain Ground Lease dated ( '2. -15 , 2016 (as the same may be amended,
reinstated or replaced from time to time, the "Hotel Addition Ground Lease"), pursuant to which
Parcel A Owner will ground lease to Parcel A Tenant certain land located adjacent to Parcel B in
San Diego County, California, as more particularly described on Exhibit "B" and depicted on
53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
Exhibit "B-1" attached hereto and incorporated herein by reference (the "Parcel A", and together
with Parcel B, the "Properties", or individually, each a "Property"), upon which land Parcel A
Tenant intends to construct at least seventy-one (71) hotel rooms and ancillary improvements that
upon completion will be operationally integrated into the adjacent Hotel (referred to herein as the
"Westin Hotel") (the "Hotel Addition").
C. In connection with Parcel A Tenant's development of the Hotel Addition, Parcel A
Tenant will construct on Parcel A a tunnel between Parcel A and Parcel B for use in connection
with the operation ofthe Hotel Addition. In connection with Parcel B Tenant's development of the
Time Share Addition, Parcel B Tenant will construct on Parcel B a connection to the tunnel on
Parcel A. The location of such tunnel connection on Parcel B is described on Exhibit "C" and
depicted on Exhibit "C-1" attached hereto and incorporated herein (the "Tunnel Easement Area").
The Tunnel Easement Area will be located in the subterranean parking area of the Time Share
Addition. In addition, Parcel A Tenant will need to have vehicular access to the Tunnel Easement
Area over the driveways and drive aisles to be located in the subterranean parking area of the Time
Share Addition and the exterior parking area of the Time Share Addition. The subterranean
parking area of the Time Share Addition is described on Exhibit "D" and depicted on Exhibit
"D-1" attached hereto and incorporated herein (the "Basement Easement Area") and the exterior
parking area ofthe Time Share Addition is described on Exhibit "E" and depicted on Exhibit "E-1"
attached hereto and incorporated herein (the "Exterior Easement Area").
D. Certain utilities serving the Hotel Addition require connection to public utility lines
located in The Crossings Drive via underground utility lines to be installed over Parcel B in the
Easement Areas and the installation of related utility equipment in a portion of the Basement
Easement Area.
E. In order to allow Parcel A Party to (i) utilize the Tunnel Easement for utility
purposes and service access, (ii) have vehicular access, install utility equipment and run utility
lines within certain portions of the Basement Easement Area and Exterior Easement Area, and
(iii) have pedestrian access between The Crossings Drive and Parcel A within the Ingress/Egress
Easement Area (as defined below), Parcel B Owner desires to grant to Parcel A Owner certain
exclusive and non-exclusive and appurtenant easements across, over, under and through the
Easement Areas (as defined below), all as set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the mutual agreements set forth
herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Benefitted and Burdened Parties/Binding Effect. The rights, easements and
obligations established in this Agreement run with the land and are for the benefit of Parcel A and
Parcel B and burden Parcel A and Parcel B. Parcel A Party will have the right to and hereby does
further delegate the use of the easements granted for the benefit of the Parcel A to Parcel A Party's
tenants and each of their contractors, licensees, employees, managers and successors and assigns
(collectively, the "Parcel A Party Permittees"). In no event shall the Parcel A Party Permittees
include any hotel or event guests or invitees with respect to the Hotel Addition or Westin Hotel
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4816-5935-9547.8
(collectively, the "Hotel Guests/Invitees"). The Tunnel Easement Area, Basement Easement Area,
Exterior Easement Area and Ingress/Egress Easement Area are sometimes collectively referred to
herein as the "Easement Areas". The "Parcel A Party" means the ground lessee of the Hotel
Addition, whether under the Hotel Addition Ground Lease or any reinstatement or replacement
thereof or any new ground lease pursuant to a written lease agreement with the fee owner of Parcel
A provided the ground lessee is an owner of all or a portion of the hotel property immediately
adjacent to the west of the Hotel Addition. When there is not any ground lease of the Hotel
Addition in effect, "Parcel A Party" means the fee owner of Parcel A. The "Parcel B Party" means
the ground lessee under the Time Share Addition Ground Lease so long as the Time Share
Addition Ground Lease is in effect. When the Time Share Addition Ground Lease is no longer in
effect, "Parcel B Party" means the fee owner of Parcel B. The Parcel A Party and the Parcel B
Party are sometimes each referred to herein as a "Party" and collectively as the "Parties."
2. Tunnel Easement. Parcel B Owner hereby grants and conveys to Parcel A Owner
and Parcel A Party, for their use and for the use of the Parcel A Party Permittees, for the benefit of
and as an appurtenance to Parcel A, the following easements: (a) an exclusive easement over and
across the Tunnel Easement Area for the purpose of ingress and egress of service personnel and
vehicles between the basement of the Hotel Addition and the Basement Easement Area of the
Time Share Addition to provide service and operational support for functions related to the Hotel
Addition; and (b) a non-exclusive easement over, under and across the Tunnel Easement Area for
the purpose of installation, maintenance, repair, removal and/or replacement of underground
utility lines running between the basement of the Hotel Addition and the Basement Area of the
Time Share Addition to provide utilities to the Hotel Addition. Parcel A Party may install a gate or
door to the Tunnel Easement Area to restrict access.
3. Basement and Exterior Easements. Parcel B Owner hereby grants and conveys to
Parcel A Owner and Parcel A Party, for their use and for the use of the Parcel A Party Permittees,
for the benefit of and as an appurtenance to Parcel A, the following easements: (a) a non-exclusive
exclusive easement over and across the Basement Easement Area and Exterior Easement Area for
the purpose of access, ingress and egress of service personnel and service vehicles over the
vehicular circulation elements between the Tunnel Easement and the street known as The
Crossings Drive including for temporary parking of service vehicles near the Tunnel Easement
Area for loading and unloading, to provide service and operational support for functions related to
the Hotel Addition; (b) a non-exclusive easement over and across the Basement Easement Area for
the purpose of installation, maintenance, repair, removal and/or replacement of equipment related
to the utilities which service the Hotel Addition, (c) a non-exclusive easement over, under and
across the Basement Easement Area and Exterior Easement Area for the purpose of installation,
maintenance, repair, removal and/or replacement of underground utility lines running between the
Tunnel Easement Area and the street known as The Crossings Drive to provide utilities to the
Hotel Addition, and (d) a non-exclusive easement over and across the Exterior Easement Area,
including the Drive Area (defined below) for the purpose of access, ingress and egress of
emergency, maintenance and construction personnel and emergency, maintenance and
construction vehicles over the vehicular circulation elements between the common property line
designated as "L32" and "L33" on Exhibit E-1 and the street known as The Crossings Drive in
connection with future repair and remodel of the Hotel Addition, provided construction personnel
and vehicles shall be permitted on a temporary basis only during periods of remodel or
reconstruction ofthe Hotel Addition. The easements described in clauses (b) and (c) above will be
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4816-5935-9547.8
limited to the actual location of the equipment and utility lines as installed in accordance with the
Plans as set forth in Section 6 below.
4. Ingress/Egress Easements. Parcel B Owner hereby grants and conveys to Parcel A
Owner and Parcel A Party, for their use and for the use of the Parcel A Party Permittees and Hotel
Guests/Invitees, for the benefit of and as an appurtenance to Parcel A, a non-exclusive easement
(the "Ingress/Egress Easement") over and across the established access elements of the common
areas (but excluding areas within the exterior walls of any building and other structure as exists on
Parcel B from time to time and any areas reserved for use of Parcel B's unit owners and guests
only), including walkways, driveways, streets and passageways, as exist from time to time on
Parcel B for pedestrian ingress and egress between the street known as The Crossings Drive and
Parcel A (the "Ingress/Egress Easement Area"). However, the Ingress/Egress 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 Parcel B Party's unit
owners and guests only) as may exist from time to time under rules and regulations established by
Parcel B Party related to the operation of Parcel B, provided that any such limitations: (i) shall be
implemented only after sixty (60) days' written notice shall have been given to Parcel A Owner and
Parcel A Party; and (ii) shall not unreasonably interfere with or diminish access to the
Ingress/Egress Easement Area. For example, rules and regulations established by Parcel B Party
may designate certain areas of Parcel B (such as any areas which are accessible with a unit owner
pass) for use by the unit owners and guests only of Parcel B. Parcel B Party shall not modify the
established access elements of the common areas of Parcel B in any manner that causes Parcel A to
be out of compliance with any emergency pedestrian egress requirements of governmental
authorities or agencies that are applicable to Parcel A. The fngress/Egress Easement shall also
include the right of Parcel A Owner and Parcel A Party to install, maintain and repair
non-exclusive walkways, stairs, ramps and other improvements within the common areas of Parcel
B (but excluding areas within the exterior walls of any building and other structure as exists on
Parcel B from time to time and any areas reserved for use of Parcel B's unit owners and guests
only) as may be necessary for Parcel A to comply with any emergency pedestrian ingress and
egress requirements of governmental authorities or agencies, provided the then existing
established access elements of the common areas of Parcel B are inadequate to comply with such
emergency pedestrian ingress and egress requirements of governmental authorities or agencies.
The Ingress/Egress Easement will be expanded to include the actual location of any such
improvements as installed in accordance with the Plans as set forth in Section 6 below.
5. Drainage/Water Flow Easements. Parcel A Owner hereby grants and conveys to
Parcel B Owner and Parcel B Party, and Parcel B Owner hereby grants and conveys to Parcel A
Owner and Parcel A Party, non-exclusive easements (collectively, the "Drainage/Water Flow
Easements") to discharge surface and storm water drainage through improvements constructed in
accordance with plans approved by the City of Carlsbad including, without limitation, use of
bioretention basins to retain and treat storm water runoff, and for surface and storm water flows not
confined to improvements if such flows result from grading in accordance with plans approved by
the City of Carlsbad from Parcel B upon and across Parcel A, and from Parcel A upon and across
Parcel B, respectively. The Parties agree not to obstruct, restrict, impede, divert or otherwise alter
such confined or surface flow drainage in a manner that results in any damage to any
improvements or a public nuisance.
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4816-5935-9547.8
6. Installation of Equipment, Utilities and Improvements. Parcel A Party shall, at its
cost, install or cause to be installed all equipment, utilities lines and other improvements in the
applicable Easement Areas as set forth herein in accordance with plans to be prepared by Parcel A
Party and approved by Parcel B Party prior to commencement of installation, with such approval
not to be unreasonably withheld conditioned or delayed (the " Plans"). Parcel A Party's installation
of all switch equipment, utility lines and other improvements in the Easement Areas shall be in
compliance with all applicable laws and regulations, and Parcel A Party shall thereafter maintain
such installations at its cost in good condition and repair and in compliance with all applicable
laws and regulations.
7. Construction ofParking and Drive Areas. If not otherwise constructed by Parcel B
Party, Parcel A Party shall, at its cost, construct or cause to be constructed that portion of the drive
area (the "Drive Area") which extends around the north portion of the building constituting the
Time Share Addition and beyond the parking stalls within the Exterior Easement Area in
accordance with plans to be prepared by Parcel A Party and approved by Parcel B Party prior to
commencement of installation, with such approval not to be unreasonably withheld conditioned or
delayed (the "Drive Area Plans"). Parcel A Party's construction of such Drive Areas in the
Exterior Easement Area shall be in compliance with all applicable laws and regulations.
Regardless of whether such Drive Area is constructed by Parcel B Party or Parcel A Party as set
forth herein, Parcel A Party shall thereafter maintain such Drive Area at its cost in good condition
and repair and in compliance with all applicable laws and regulations.
8. Utility Companies. In connection with the grant of the easements for equipment
and utility lines as set forth herein, Parcel B Owner and Parcel B Tenant hereby agrees if required
by an independent utility company, to grant such third-party utility company a utility easement
upon substantially the same terms and conditions as the utility easement granted herein and
otherwise in the form reasonably required by such utility company. Parcel B Party and Parcel A
Party agree to notify the other in writing upon any receipt of written notice that any utility
company will be servicing, replacing, relocating, or otherwise modifying the switch equipment
and/or utility lines in any way.
9. Relocation. During the term of this Agreement, Parcel B Party shall have the right
to relocate on Parcel B the equipment or any utility line located on Parcel B pursuant to the grant of
easements herein provided that any such relocation: (i) shall be performed only after sixty (60)
days' written notice of the Parcel B Party's intention to undertake the relocation shall have been
given to the Parcel A Party and Parcel A Owner; (ii) shall not unreasonably interfere with or
diminish drainage or utility service to Parcel A served by the equipment or utility line; (iii) shall
not reduce or unreasonably impair the usefulness or function of the equipment or utility line; (iv)
shall be performed without cost or expense to the Parcel A Party or Parcel A Owner; and (v)
written approval of the applicable governmental agency having jurisdiction over such lines, if any,
has been obtained. Parcel B Party shall provide as-built plans for all such relocated switch
equipment or utility lines to the Parcel A Party and Parcel A Owner within ninety (90) days after
the date of completion of such relocation.
l 0. No Interference. The Parties each agree not to obstruct or interfere in any way that
would materially and adversely affect the free flow of pedestrian and vehicular traffic or parking in
the parking and vehicular circulation elements established within the Easement Areas; provided,
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4816-5935-9547.8
however, that Parcel B Party shall have the right upon prior written notice to Parcel A Party to
temporarily block or temporarily close a portion of the Easement Areas to the extent reasonably
necessary for repairs and maintenance. Additionally, Parcel A Party agrees not to obstruct or
interfere in any way that would materially and adversely affect the operation of the Time Share
Addition.
11. Parking. The Parties acknowledge and agree that Parcel B Owner reserves on
behalf of Parcel B Party and its contractors, licensees, employees, managers, successors and
assigns, and the owners (and their guests of the time share units of the Time Share Addition) the
exclusive right to use the parking areas located within Parcel B including within the Easement
Areas as may be designated by Parcel B Party, and that, except for the temporary parking of
service vehicles near the Tunnel Easement for unloading and loading as permitted in Section 3
above, Parcel A Party, Parcel A Party Permittees and the guests or invitees of the Hotel Addition
or the Westin Hotel shall not have the right to use any parking areas located within Parcel B
including within the Easement Areas under this Agreement, except as may be mutually agreed to
in writing between Parcel A Tenant and Parcel B Tenant for operational efficiencies.
12. Duration. The provisions of this Agreement will run with and bind Parcel A and
Parcel Band will remain in effect perpetually to the extent permitted by law.
13. Indemnity by Parcel A Party. Parcel A Party agrees to defend, indemnify, protect,
and hold the Parcel B Party and Parcel B Owner and their agents, members, officers, and
employees harmless from and against any and all claims, damages, liabilities, costs and expenses
(including, but not limited to, court costs and reasonable attorneys' fees) asserted or liability
established for damages or injuries to any person or property, including injury to the Parcel A
Party Permittees, which arise out of or are in any manner directly or indirectly connected with (a)
the use of the Easement Areas by Parcel A Party or any Parcel A Party Permittee, (b) the use of the
Drainage/Water Flow Easements by Parcel A Party, and/or (c) the performance by Parcel A Party
of any obligations it has under this Agreement; provided, however, that Parcel A Party's duty to
indemnify and hold harmless shall not include any claims or liability arising from the negligence
or willful misconduct of the Parcel B Party or Parcel B Owner or their agents, members, officers,
or employees. In addition to the foregoing, Parcel A Party agrees to defend, indemnify, protect,
and hold the Parcel B Owner and Parcel B from and against any mechanic's lien claims arising out
of or resulting from the exercise of the rights granted to Parcel A Party pursuant to this Agreement.
14. Indemnity by Parcel B Party. Parcel B Party agrees to defend, indemnify, protect,
and hold the Parcel A Party and Parcel A Owner and their agents, members, officers, and
employees harmless from and against any and all claims, damages, liabilities, costs and expenses
(including, but not limited to, court costs and reasonable attorneys' fees) asserted or liability
established for damages or injuries to any person or property, which arise out of or are in any
manner directly or indirectly connected with (a) the use of the Easement Areas by Parcel B Party,
(b) the use ofthe Drainage/Water Flow Easements by Parcel B Party, and/or (c) the performance
by Parcel B Party of any obligations it has under this Agreement; provided, however, that Parcel B
Party's duty to indemnify and hold harmless shall not include any claims or liability arising from
the negligence or willful misconduct of the Parcel A Party or Parcel A Owner or their agents,
members, officers, or employees. In addition to the foregoing, Parcel B Party agrees to defend,
indemnify, protect, and hold the Parcel A Owner and Parcel A from and against any mechanic's
-6-53· Parcel B Tunnel and Villa 80
4816-5935-9547.8
lien claims arising out of or resulting from the exercise of the rights granted to Parcel B Party
pursuant to this Agreement.
15. 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 against any of the Properties which are the subject of this Agreement 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 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 of trust 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 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.
16. Estoppel. Each Party shall, without charge, at any time and from time to time
hereafter, within ten (1 0) days after written request of any other Party, certify by a written
instrument duly executed and acknowledged to any mortgagee, lender, purchaser or participant, or
proposed mortgagee, purchaser, lender or participant, the existence or nonexistence of any default
on the part of any of the Parties hereunder.
17. Miscellaneous. This Agreement will be governed in accordance with the laws of
the State of California. The paragraph headings in this Agreement are for convenience only, will
in no way define or limit the scope or content of this Agreement, and will not be considered in any
construction or interpretation of this Agreement or any part of this Agreement. Nothing in this
Agreement will be construed to make the parties to this Agreement partners or joint venturers. No
Party to this Agreement will be obligated to take any action to enforce the terms of this Agreement
or to exercise any easement, right, power, privilege or remedy granted, created, conferred or
established under this Agreement. This Agreement may be amended, modified or terminated only
in writing, executed and acknowledged by all Parties to this Agreement or their respective
successors or assigns. If either Party brings any action or proceeding against the other Party for the
adjudication of any rights under this Agreement, the prevailing party shall be entitled to recover
from the other all costs and expenses, including reasonable attorneys' fees, incurred by the
prevailing party. All exhibits attached to this Agreement are hereby incorporated herein by this
reference. Time is of the essence of this Agreement. The Parties shall promptly record this
Agreement in the Official Records of San Diego County. This Agreement shall be binding on, and
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4816-5935-9547.8
shall inure to the benefit of the Parties and all successors and assigns of each of them, and all or any
portion of Parcel A, and all or any portion of Parcel B, subject to the terms of Section 1 above.
18. No Merger of Interests. The fact that, at the time of this Agreement The City of
Carlsbad and The Carlsbad Municipal Water District, as tenants in common, are the fee owners of
Parcel A and The City of Carlsbad is the fee owner of Parcel B shall not affect the validity or
continuation of the easement interests created hereunder, whether as a result of the doctrine of
merger or otherwise.
19. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
-8-53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
IN WITNESS WHEREOF, this Agreement is executed by Parcel B Owner and by Parcel A
Owner as of the Effective Date.
Approved as to form and legality:
~ e..<..::.:--< __ ...)
Celia Brewer, tty Attorney
PARCELBOWNER:
, a California municipal
By:_L...----'411f6"'-+---------
Name: Kevi Cra
Title: City Manager
Attest:~~~~ Barbara Ell elson;Cit)lCl
(Seal)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
[Signature page to Easement Agreement] 53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
Approved as to form and legality:
Ce Celia Brewer, City Attorney
Approved as to form and legality:
PARCEL A OWNER:
lifornia municipal
Attest:~J(,.__,_&-
BarbaraEll 01;,CitY Clefkl
(Seal)
WATER
nicipal water
By:_--+41f------n.r-+-rt---------
Name:
~~ elia Brewer, tty Attorney -------.__
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
[Signature page to Easement Agreement] 53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
4816-5935-9547.8
PARCEL A PARTY:
GRAND PACIFIC CARLSBAD HOTEL,
L.P., a Delaware limited partnership
By: Grand Pacific Carlsbad Hotel, Inc.,
a Delaware corporation, it neral Partner
PARCEL B PARTY:
GRAND PACIFIC CARLSBAD, L.P., a
Delaware limited partnership
By: Grand Pacific Carlsbad Hotel, Inc.,
a Delaware corporation, its eral Partner
[Acknowledgments on following pages]
{Signature page to Easement Agreement} 53-Parcel B Tunnel and Villa 80
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.
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on \ot\11)~~-'LD \ lp before me, ~!Ar~ t~ ~re VV\~V) I V)DtO\f~ ~ttl~ \;6
~ • L\ A \ n \' (here inse~ name and title of the officer)
personally appeared \ \V'f\0\VI J' ~\r\ Q and ])~u\d S· }rOW V\ ,
who proved to me on the basis of atisfactory 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.
certify under PENALTY OF PERJURY under the laws of the State of e_p. \ i 0 f V\ 1 C\ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature JWw ~ 1/f'fl'i'---' (Seal)
•
MARITES BOHEMAN
Commission # 2128780 ~ Notary Public • California ~
z San Diego County ~
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53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
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 t01liJ 0 f Vl \0.
County of £0\ 't)\~o )
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On \'1> tIll D~t . IJD llp before me, \-Ill t i ~fh ~ f '(J V!1(,i V\ I oo\o. ~~ 1U~ \It
· 1 1,. \ (\ L • (here insert name and title of the officer)
personally appeared T\VV\0\ Vl J · ')\ f\ Q and J)ow \d ~ ·]>rowV1 ,
who proved to me on the basis of atisfactory vidence 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.
f\ . I certify under PENALTY OF PERJURY under the laws of the State of ~0\ I, for v\ I~ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature J{~p& Vl\(MJ (Seal)
53-Parcel 8 Tunnel and Villa 80
4816-5935-9547.8
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 C.:aL' fo.ra.\"U )
County of S-o.x--.l:>\ €.~, )
On ~~-\ ~ 1 :fo\ lJJ before me, 1:::hf 1 \a. ]2. Cobian, Notarj]Q!:J,l,-
Notary Public, personally appeared .Ke V j n Cca w&NC.J , who proved to me
on the basis of satisfactory evidence to be the perso~hose nam~at:e subscribed to the
within instrument and acknowledged to me that dibi'she/tbey executed the same ir(hlsrher!theit
authorized capacity~ and that by~signature(sf'On the instrument the perso~, or
the entity upon behalf of which the personW acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Ca.J, tQv" n 1 a_ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature~~ .C~
(Seal)
53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
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 Ca.J,'f<l{f1 /a )
County of San b if ~() )
On hoc . 13 1 ~0) l.:, before me, t?he ~I CL 7. Cob,M I\Jo1o~J!1(_
(here insert name and title dfthe of~r)
personally appeared ~\1 \ Q C.cal,),."tford '
who proved to me on the basis of satisfactory evidence to be the person~ whose nam~N1)are
subscribed to the within instrument and acknowledged to me tha~ executed the same in
@'~r/their authorized capacity(.iest, and that by@ber/theif signaturefsron the instrument the
personks), or the entity upon behalf of which the perso~) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
Ca.\;~( Q \a that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~-~(Seal)
4816-5935-9547.8
@ SHEILA R. COBIAN
Commission # 2020389 j Notary Public • California I ~ San Diego County ~
••• o o .Ml to:'t tx~rt! :al L0}lnl
53-Parcel B Tunnel and Villa 80
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 LoJ;{O..-n \ CL )
County of t>at\'bief)O )
on l:J&c. 13, dOiv before me, She~ I d...~-Cob, a a
Notary Public, personally appeared k\] \0 C fa vJ ford , who proved to me
on the basis of satisfactory evidence to be the personW whose name(~al'e"subscribed to the
within instrument and acknowledged to me that<lie)sh@f.they executed the same in<liiS)'l<J.sF/thsir
authorized capacit~), and that bycfi18rkerftlreir signatureWon 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
C,_a) I fOe V\ \a that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatu~ -~Seal)
@ SHEILA R. COBIAN
... Commission 11 2020389 ~ Notary Public • California
San Diego County
My Comm. Expires Ma 10. 2011
4816-5935-9547.8
53-Parcel B Tunnel and Villa 80
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL B
(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 BAS SHOWN ON BOUNDARY ADJUSTMENT ADJ 16-08, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF
COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON ('Z__c-[q , 2016 AS FILE NO. 2016-0bS~~~~ , MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A MOST EASTERLY CORNER OF SAID LOT 9;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9, SOUTH 71 °27'08"
WEST, A DISTANCE OF 335.73 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 00°00'17" EAST, A DISTANCE OF
65.23 FEET;
THENCE NORTH 45°00'17" EAST, A DISTANCE OF 134.38 FEET;
THENCE NORTH 44°59'43" WEST, A DISTANCE OF 135.72 FEET;
THENCE NORTH 12°39'48" EAST, A DISTANCE OF 195.66 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 9, THE NEXT FOUR (4) COURSES BEING ALONG THE
BOUNDARY LINES SAID LOT 9;
THENCE NORTH 79°29'29" EAST, A DISTANCE OF 31.07 FEET TO THE BEGINNING OF
A 476.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 69°29'20" WEST; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°52'42", AN ARC LENGTH OF
256.53 FEET;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 43° 27'01" EAST, A DISTANCE OF
54.46 FEET;
THENCE SOUTH 30° 26'52" EAST, A DISTANCE OF 117.49 FEET TO THE POINT OF
BEGINNING;
CONTAINING 1.60 ACRES OR 69665.99 SQUARE FEET MORE OR LESS.
4816-5935-9547.8
EXHIBIT "A"
-1-
53-Parcel B Tunnel and Villa 80
EXHIBIT II A-1 II
DEPICTION OF PARCEL B
SHEET20F3
---PHaPOS£lJ BOfNJAI?Y liNE
--- -t.X1S llNC !K.li.JM)ARY 1./NF
POB POINT fY I*~
_ MW "2g '2fJ "£ (lfL
SCAlE 1"•!00'
IIJ/£. SEF SHEET J FCW EASENENT.
liNt AMJ CVR~ TAIJI.ES
Al'ffJCANT.'
EXCEl £NCIN£lliiiN(;
#{) STAlE Pf.AC£
-----0 100 200
NA~J$1~/lNT PLAT-aTY fT OMI.5JlAO
~ CA 92029 l£5l:tW!;w)(l
(160}7-15-81!8
4816-5935-9547.8
EXHIBIT "A-1"
-1-
AIJ.I 16-08
£»1181T 1;-•
A.P.N.
21f-02.J-07
53-Parcel 8 Tunnel and Villa 80
4816-5935-9547.8
Ef9!PTIJDIE
(j) CITY CT CARLSIIAIJ RESatJlltW !Wl 20!5-oot
~A POHRCW CT HE~ OHM:
f'rJR Pf/Bt.IC S!RlFT AND U!ll.ITY Pt'A0"aS'£~
PER fXJC Na 20t5-0t.J9956. aH.
Lllt&lH /'().
SHEETJOFJ
tEl TA HADIIJS L.EitC!H
u N79 "29 '29 "£
1.2 NI.J~7'01"1f
LJ NJ() "Xi 152"/f u Atl9 "55 '-15..,
l5 MJ() '()I I !5"£
t.IJ Atl9 "55 I -15 .. ,
15.1.87'
51.16'
117.19'
120, ()()I
f60.fX) I
120.()()'
65.21'
I.JCJ8'
1.15.72'
I!J5:.66'
122./K)'
.JI.Ol"
C f J(} "52 '-1,2" ./J6. /XJ 1 256. 5.J r
a tor()() · '7"£
t..8 N15W't7"E:
l!J NU "5!J '-1.1 "If
L!O Nf2 ".19 '-18"£
1..1 I Nl!l "29 '29 "£
L/2 Nl'fl "29 '29 "£
C2 71"/J'.xr 58./XJ' 12. 10'
EXHIBIT "A-1"
-2-
AO./ 16-08
E»>IBT 11•
A.P.N
211-02J-07
53-Parcel B Tunnel and Villa 80
EXHIBIT "B"
LEGAL DESCRIPTION OF PARCEL A
(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 J?_-~(') , 2016, AS DOCUMENT NO.
2016-CX,~-7 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 LOT F;
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
LOT9;
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;
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;
4816-5935-9547.8
EXHIBIT "B"
-1-
53-Parcel B Tunnel and Villa 80
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)
4816-5935-9547.8
EXHIBIT "B"
-2-
53-Parcel B Tunnel and Villa 80
1.51 ACHES
't-
--
dl· ~:~~~
($
---
EXHIBIT "B-1"
DEPICTION OF PARCEL A
\
~
~'1-~{) -lt~ ~· ($
-------
,~1ft t~~~ '\~ \..~t \~ \..\)1
0 .100 /00
4816-5935-9547.8
EXHIBIT "B-1"
-1-
I SCAlE!"= 100
~ 1'0./l. =POINT OF f i/1:. GIN!I/N(.;
.!.a-, 1
I
I
~
1 ~ q
~ I ~I gj
0 I ~
53-Parcel B Tunnel and Villa 80
EXHIBIT "C"
LEGAL DESCRIPTION OF TUNNEL EASEMENT AREA
(Portion APN 212-271-02)
THE LAND REFERRED TO HEREfN BELOW IS SITU A TED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL B OF THAT CERTAfN CERTIFICATE OF COMPLIANCE
FOR ADJUSTMENT PLAT (APJ 16-08) RECORDED DECEMBER j?_ ~ / 'J , 2016, AS
DOCUMENT NO. 2016-0 bitt l\ i ~ OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, BEfNG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID PARCEL B;
THENCE NORTH 00°00'00" EAST A DISTANCE OF 65.23 FEET;
THENCE NORTH 45°00'00" EAST A DISTANCE OF 134.37 FEET;
NORTH 45°00'00" WEST A DISTANCE OF 91.79 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTfNUING NORTH 45°00'00" WEST A DISTANCE OF 9.17 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 10.42' FEET;
THENCE SOUTH 44°59'18" EAST A DISTANCE OF 9.17 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 10.42 FEET TO THE TRUE POINT OF
BEGINNING.
4816-5935-9547.8
EXHIBIT "C"
-1-
53-Parcel B Tunnel and Villa 80
EXHIBIT "C-1"
DEPICTION OF TUNNEL EASEMENT AREA
---
PARCEL A
l!.n.c. 2D1 Nf.5 ·oo · !7T. a-.I.N. .J8 r ... /
.' I
ni .\
\.: '""'. .,.,, '!7"• / l'tl.A'.J '/0 "-/"
65 .• ?J . --~ ---
()1.1\\
oaz £M'JIEl:l(fM;
HO STATE RACE
~ C4!J2029 PhrJIE {160) 7-15-81/8 --
80/TOM E/.. =
A 2492!1' /II(.,'V!J29
'\9 ~,.-iJ
Lt<-' I A BOTTOM£/. = -.....___ •
24.9.58' NG'4J29 ~
SECT!OII A-A
/11. r:s.
LWl /Afill.
NO. 8£ARI/IIC t.ENCTH
--------------------
I! NU"59'4J"W 867'
L2 /114!; "00'.59"!:. !0.42'
LJ S44'59'01 "£ 8.67'
14 W5rJO :59 ·w !0.4/' ---0 /00
4816-5935-9547.8
200
EXHIBIT "C-1"
-1-
SCALE!"= !0(}
lP.O.B. -TPUE
POINT OF BEGINNI!IG
P. 0. C = f'OIN I Of
COVUENCEMEN T
Lor 1
53-Parcel B Tunnel and Villa 80
EXHIBIT "D"
LEGAL DESCRIPTION OF BASEMENT EASEMENT AREA
(Portion APN 212-271-02)
THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE
FOR ADJUSTMENT PLAT (ADJ 16-08) RECORDED DECEMBER I'"L-tS , 2016, AS
DOCUMENT NO. 2016-OfJ~~~l'E OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID PARCEL B;
THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY BOUNDARY NORTH
71°26'51" EAST A DISTANCE OF 54.04 FEET;
THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTH 08°23'24" WEST A
DISTANCE OF 21.62 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 44°59'18" WEST A DISTANCE OF 24.00 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 147.83 FEET;
THENCE NORTH 44°59'18" WEST A DISTANCE OF 121.25 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 19.10 FEET;
THENCE NORTH 44°59'18" WEST A DISTANCE OF 9.02 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 9.83 FEET;
THENCE NORTH 44°59'18" WEST A DISTANCE OF 21.67 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 7.77 FEET;
THENCE NORTH 44°59'18" WEST A DISTANCE OF 8.40 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 39.58 FEET;
THENCE SOUTH 44°59'18" EAST A DISTANCE OF 13.67 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 5.75 FEET;
THENCE SOUTH 44°59'16" EAST A DISTANCE OF 25.42 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 19.84 FEET;
4816-5935-9547.8
EXHIBIT "D"
-1-
53-Parcel B Tunnel and Villa 80
THENCE SOUTH 44°59'18" EAST A DISTANCE OF 90.02 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 19.83 FEET;
THENCE SOUTH 44°59'12" EAST A DISTANCE OF 53.77 FEET;
THENCE SOUTH 89°59'18" EAST A DISTANCE OF 3.39 FEET;
THENCE SOUTH 00°00'42" WEST A DISTANCE OF 30.10 FEET;
THENCE NORTH 89°59'18" WEST A DISTANCE OF 3.39 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 17.62 FEET;
THENCE NORTH 45°00'15" WEST A DISTANCE OF 19.83 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 85.45 FEET;
THENCE SOUTH 44°59'18" EAST A DISTANCE OF 19.83 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 44°59'18" WEST A DISTANCE OF 19.83 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 47.30 FEET TO THE TRUE POINT OF
BEGINNING;
THE UPPER LIMIT OF SAID EASEMENT SHALL BE BOUNDED VERTICALLY ONE
FOOT BELOW THE FIRST LEVEL FINISH FLOOR
4816-5935-9547.8
EXHIBIT "D"
-2-
53-Parcel B Tunnel and Villa 80
EXHIBIT "D-1"
DEPICTION OF BASEMENT EASEMENT AREA
ern'
oaz.~
#0 STAlE PlACE
~ C4!l20:19 PHatC (760) 715-11118 ----0 !()0 /(}0
4816-5935-9547.8
-P 0. C. SW CORNER
OF PMf..'EL 8
I
EXHIBIT "D-1"
-1-
I SCA/£ !" = lO()
.~ l.P OR. -lRt!£ ~O!N.T ~-BEC/N~iC.'
-, POC -.POINT OF
(XJVMtNc::t: M!:Nl
J.ar 1
53-Parcel B Tunnel and Villa 80
4816-5935-9547.8
LIA£TA!l.£
AO. !FAR/I&
L1 N71 "26 '51"£
L2 AOS ".23 '2<1 •If
LJ NU '.5!1'!8"/f u Nl5 ·oo '-12 "£
L5 Nl-1"59'18"/f
Lo Nl5 ·oo • -12 "£ u Nl<~ •59 '18./f
L8 Nl5 ·oo '<~2 "£
L9 Nl-1.59'18"/f
LIO Nl5 •oo '/2 "£
Lll N/11.59'18"/f
u2 Nl5·oo'<~2"£
L/3 N14 '.5!1 '!6"/f
L14 Nl5 ·oo '<~2 "£
L/5 NI-l "59 '18•/f
L18 Nl5 ·oo '42 "£
L/7 NI-l '.5!1' 12 •If
L/8 MJ9 "59 '18 .,
ug ltf)(J ·oo • -12 "£ L20 MJ9 .59 '18 .,
L21 NIS•00'-12"£
u2 Nl5 ·oo .,5.,
L23 NIS·oo '42"£
L24 N14 "59 '18"/f
L25 Nl5 ·oo '-12 "£
L21J NI-l '5!/'!a-/f
L27 Nl5·oo'-12"E
lEM':TH
5/.()1'
21.82'
2/. ()().
19. 10'
9.02'
9.8J'
21.87'
7.77'
8. /0'
39.58'
13.87'
5.75'
25.42'
19.84'
90.02'
19.8J'
53.77'
3.39'
.JO. 10.
3.39'
17.82'
19.8J'
85.45'
19.8J'
20. ()().
19.8J'
47..10.
EXHIBIT "D-1"
-2-
SlEET 2 (T 2 9EET$
53-Parcel B Tunnel and Villa 80
EXHIBIT "E"
Legal Description of Exterior Easement Area
(Portion 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:
THAT PORTION OF PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE
FOR ADJUSTMENT PLAT (ADJ 16-08) RECORDED DECEMBER 12-/S-, 2016, AS
DOCUMENT NO. 2016-0b9~/~~( 6 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID PARCEL B;
THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY BOUNDARY NORTH
71 °26'51" EAST A DISTANCE OF 108.27 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTH 44°59'50" EAST A
DISTANCE OF 9.14 FEET TO THE BEGINNING OF A 3.00 FOOT RADIUS CURVE
CONCAVE TO THE WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 4.71 FEET;
THENCE NORTH 45°00'10" WEST A DISTANCE OF 18.17 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 45°00'10" EAST A DISTANCE OF 18.17 FEET TO THE BEGINNING OF A
3.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH
OF 4.71 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 3.50 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH
OF 3.14 FEET;
THENCE NORTH 45°00'10" WEST A DISTANCE OF 13.00 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 77.02 FEET;
THENCE NORTH 45°00'15" WEST A DISTANCE OF 6.10 FEET;
THENCE NORTH 45°00'42" EAST A DISTANCE OF 17.62 FEET;
THENCE SOUTH 89°59'18" EAST A DISTANCE OF 3.39 FEET;
THENCE NORTH 00°00'42" EAST A DISTANCE OF 2.49 FEET;
4816-5935-9547.8
EXHIBIT "E"
-1-
53-Parcel 8 Tunnel and Villa 80
THENCE SOUTH 45°00'15" EAST A DISTANCE OF 5.46 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 3.20 FEET;
THENCE SOUTH 45°00'10" EAST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH
OF 3.14 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 7.80 FEET;
THENCE NORTH 44°58'39" WEST A DISTANCE OF 13.43 FEET;
THENCE NORTH 00°00'10" WEST A DISTANCE OF 15.95 FEET
THENCE NORTH 27°50'48" EAST A DISTANCE OF 1.70 FEET;
THENCE NORTH 45°00'10" WEST A DISTANCE OF 19.02 FEET;
THENCE SOUTH 45°08'15" WEST A DISTANCE OF 8.77 FEET;
THENCE NORTH 44°59'12" WEST A DISTANCE OF 13.00 FEET;
THENCE NORTH 45°08'15" EAST A DISTANCE OF 8.77 FEET;
THENCE NORTH 45°00'10" WEST A DISTANCE OF 10.54 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°30'23", AN ARC
LENGTH OF 3.30 FEET;
THENCE NORTH 49°30'27" WEST A DISTANCE OF 4.51 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°29'42", AN ARC
LENGTH OF 2.98 FEET;
THENCE SOUTH 44°59'50" WEST A DISTANCE OF 21.46 FEET;
THENCE NORTH 45°00'10" WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 19.57 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°30'18", AN ARC
LENGTH OF 3.30 FEET;
THENCE NORTH 49°30'27" WEST A DISTANCE OF 4.51 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°29'42", AN ARC
4816-5935-9547.8
EXHIBIT "E"
-2-
53-Parcel B Tunnel and Villa 80
LENGTH OF 2.98 FEET;
THENCE SOUTH 44°59'50" WEST A DISTANCE OF 13.00 FEET;
THENCE NORTH 45°00'10" WEST A DISTANCE OF 25.50 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 9.66 FEET TO THE BEGINNING OF A
3.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 125°14'07", AN ARC LENGTH OF 6.56 FEET TO THE BEGINNING OF A 36.00 FOOT
RADIUS REVERSE CURVE, CONCAVE TO THE NORTHEAST, A RADIAL TO SAID
POINT BEARS, SOUTH 09°45'43" WEST; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°17'46", AN ARC LENGTH OF
22.18 FEET;
THENCE NORTH 44°56'30" WEST A DISTANCE OF 59.19 FEET TO THE BEGINNING OF
A 28.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°28'53", AN
ARC LENGTH OF 10.50 FEET;
THENCE SOUTH 45°00'42" WEST A DISTANCE OF 83.13 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF SAID PARCEL B;
THENCE NORTHERLY ALONG SAID WESTERLY BOUNDARY, NORTH 12°39'31" EAST
A DISTANCE OF 53.95 FEET;
THENCE LEAVING SAID WESTERLY BOUNDARY, NORTH 45°16'04" EAST A
DISTANCE OF 11.69 FEET TO THE BEGINNING OF A 44.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 89°47'26", AN ARC LENGTH OF 68.95 FEET;
THENCE SOUTH 44°56'30" EAST A DISTANCE OF 59.19 FEET TO THE BEGINNING OF A
20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°48'32", AN ARC
LENGTH OF 19.48 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS REVERSE
CURVE, CONCAVE TO THE SOUTH A RADIAL TO SAID POINT BEARS, NORTH
10°45'03" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 55°44'53", AN ARC LENGTH OF 19.46 FEET;
THENCE SOUTH 45°00'10" EAST A DISTANCE OF 18.13 FEET TO THE BEGINNING OF A
20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 04°30'18", AN ARC LENGTH OF 1.57 FEET;
THENCE SOUTH 49°30'27" EAST A DISTANCE OF 31.53 FEET TO THE BEGINNING OF A
20.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 4°30'18", AN ARC LENGTH OF 1.57 FEET;
4816-5935-9547.8
EXHIBIT "E"
-3-
53-Parcel B Tunnel and Villa 80
THENCE SOUTH 45°00'10" EAST A DISTANCE OF 25.74 FEET TO THE BEGINNING OF A
2.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC
LENGTH OF 3.14 FEET;
THENCE NORTH 44°59'50" EAST A DISTANCE OF 13.00 FEET;
THENCE SOUTH 45°00'10" EAST A DISTANCE OF 17.26 FEET TO THE BEGINNING OF A
64.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 29°30'32", AN ARC LENGTH OF 32.96 FEET;
THENCE SOUTH 74°30'21" WEST A DISTANCE OF 13.04 FEET TO THE BEGINNING OF
A 2.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 87°45'09", AN ARC LENGTH OF 3.06 FEET TO THE BEGINNING OF A 49.00 FOOT
RADIUS REVERSE CURVE, CONCAVE TO THE WEST A RADIAL TO SAID POINT
BEARS, NORTH 76°45'12" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 14°50'30", AN ARC LENGTH OF 12.69 FEET
TO THE BEGINNING OF A 10.00 FOOT RADIUS REVERSE CURVE, CONCAVE TO THE
NORTHEAST A RADIAL TO SAID POINT BEARS, NORTH 88°24'18" WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 66°05'35", AN ARC LENGTH OF 11.54 FEET;
THENCE SOUTH 64°29'53" EAST A DISTANCE OF 23.45 FEET TO THE BEGINNING OF A
54.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL TO SAID
POINT BEARS, NORTH 46°21' 11" EAST; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°44'41", AN ARC LENGTH OF
39.34 FEET;
THENCE SOUTH 01°54'08" WEST A DISTANCE OF 20.14 FEET TO A POINT ON THE
SOUTHEASTERLY BOUNDARY OF SAID LOT 2;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY SOUTH
71 °26'51" WEST A DISTANCE OF 14.94 FEET;
THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTH 01 °54'08" EAST A
DISTANCE OF 18.11 FEET;
THENCE NORTH 43°05'52" WEST A DISTANCE OF 13.60 FEET;
THENCE SOUTH 44°59'50" WEST A DISTANCE OF 62.37 FEET TO A POINT ON THE
SOUTHEASTERLY BOUNDARY OF SAID LOT 2;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY SOUTH
71 °26'51" WEST A DISTANCE OF 87.56 FEET TO THE TRUE POINT OF BEGINNING.
4816-5935-9547.8
EXHIBIT "E"
-4-
53-Parcel B Tunnel and Villa 80
~~\ ~ ~'!\ ~;.a ~}
0
f' x:h ~ 6 i 1-'" ( E-I ._,
Ue..(J\ cli etA ~ r£,tf~~ lfq-~~ A-r~
SHEET 1 OF 2 SHEETS
SEE SHEET 2 FOR CIJRw.; RADIAL BEARINGS
ANO UN£ TABLES. SCALE ! II = 50 I
~\ ~ ~~~~~;.a
L7
~ X,
•';)(), ~':><11 art ~ 1 . ~
L5 C2
71'26 ~! s 87.5
T.P.OB.
EXCEL ENGINEENING
#0 STAlE PLACE
E.5'CONOILJa C4 92029
PHONE (760) 7-15-8118
50 !00
'\#J5'~'! ~b\~~
'\~ ~~ \..
T.P. 08. = !RUE
POINT OF BECINNINC
P. 0 C. = POINT OF
COMMENCEMENT
!..or 1
rJ)
~ ~ f2~ 0~ ~~
~ e....;
Llt'l. r,4a1.
-------------------------
MJ EEAP/1.(;' Lfi.CTH
-------------------------
/! N-14 :5.9 :50 T .9. ,.
L2 1145 ·oo • 10 "if !8. !/' u 11-14 '69 '!JO "1. 20.00'
L4 N45 ·oo ·to "if !8. !7'
L5 N44 '5.9 '.50 T 3.50'
/6 #1.5 '00 '!0 "Jf f.J. (}(] •
1/ #15 ·oo • !5 "if 6. !0'
L8 N15 '00'42"i. !/. 62'
L9 N!J9 '59 't8"Jf JJ!l'
Uu MJO'oo'42T 2.49'
Ill N15 '00 '/.5 "Jf 5.46'
I !.? IIN:59:50T J..?O,
UJ 1145 ·oo • ro "if uoo·
U4 N14 'jg '!;{} "1. /. 80'
U5 N14 '58 ~J9 "Jf !.J. 4}'
L/6 MJO ·oo ·to "if 15 .. 95'
!!7 N/7:50'48T f. 70.
U8 1145 ·oo '10 "if !9.02'
U9 N45 '08 '!!; "1. 8.//'
L20 N44 '59' !2 "Jf !J. 0{)'
L21 N45'M't5T 8. 77'
I?.? N45 ·oo • t.Q"Jf !0.51'
L2J 1144 :59 '50 !' lJ.OO'
L24 tW9 '.Jo '2/"Jf 4.!!!'
L25 N44 :'!9 'SOT 21. 46'
L26 N45 ·oo · 10 "if 20. C().
!?7 1144:5.9:~;:-!.9.57'
!?8 N19 :JO '.l7"Jf 4. 51.
L29 N14 '69 '!;{} "1. !J. 00'
LJO N45 ·oo • ro "if 25.50'
LJJ N44 '5.9 :50 :t 9.6fi'
!.J.? N15 ·oo ·oo "if of . .95.
f .J.J N!.? :19 :Jt T 53.:95'
LJ4 Nf!J '16 '04 2 l/.69'
LJj N16 '()() '!0 "Jf !8. !J'
L36 1149 :JO '2 7 "Jf ]1.5J'
LJ7 tW5 '00 '10 "Jf 25.71'
1.18 N14 :59 '.50 1 !.J. (j() '
LJ9 #15 ·oo ·to "if 17.26'
L40 N/4 '.Jo '2! 2 !J. 04'
Ul N64 '29 '5Fif 23.45'
!.42 MJ! :54 'MT 20. !1'
14.! N7! '?6 :5!';: !of . .91 .
U4 MJ! :54 '08T !8. II'
!.45 !WJ '()5 '!J2 "Jf !J. 6{)'
4816-5935-9547.8
EXHIBIT "8" SHEET 2 tY 2 SHEETS
cum. rm.t. ------------------------------------
IKJ. 9RI.C/11'.l TA RADIUS L[!.(;T!i
------------------------------------
C! .90 "00 '00 "
C2 90 "00 ·oo·
C3 90"00'00"
C1 90 '(]() '00.
C5 .'N'J0'2J"
a; 8.5/9 '4))"
C/ 94 :Jo '!8"
{.lf 8j "29 '42" c.:q !25"!4'0/"
C!(} 15 '//'4/i"
C!! .? ! /8 '.5.J"
C!.? 89'4/'.lfl" cu X> '.(8 '_f2"
cu jj "44 'jJ"
C/.5 tH ~,}{) 'l8 N
C/6 04 'JO '!8"
C!7 .90 ·oo ·oo •
C/8 29'30'3ZU
(.'!9 8/'46 'og·
{.'20 /4 '5() 'J() N
C2! 66:-25 '.15.
C.?? 4 I •41 '4 !"
EXHIBIT "E-1 II
-2-
3. (;'(}. 4./f'
3.oo· 4. /l'
2.00' J. 14'
200' .J. !4'
2.00' 3 .. ]._1'
P. 00, p 98'
P.OO' J..JO'
2.00' 2.98'
JOO' 6.56'
]6. 00' 22 !8'
.?8. (}(] . !/J.50.
-11. (}(] • 68.95'
20.00' !9. 48'
20. 0{). !9. 46'
20.00' I 57'
20. (){)' 1.57'
?. (}(]. .f. !4'
64.00' 32.96'
2.00' .1.~1
49. {)()' 12. If!) '
10. {).?. !1.54'
.~1. (}(] . .J9 .. N'
53-Parcel B Tunnel and Villa 80
CERTIFICATION FOR ACCEPTANCE OF EASEMENT AGREEMENT
(City of Carlsbad and CMWD)
This is to certify that the interest in real property conveyed by the easement
agreement 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
(SEAL)