HomeMy WebLinkAbout; Cabrillo Power LLC |San Diego Gas and Electric Company |Carlsbad Energy Center |Carlsbad Municipal Water District; 2025-0102870; OtherRecording requested by the City of
Carlsbad, California pursuant to
Government Code Section 27383
and when recorded mail to:
Latham & Watkins LLP
12670 High Bluff Drive
San Diego, CA 92130
Attention: James Mann, Esq.
DOC# 2025-0098763
1111111111111111111111111111111111111 lllll lllll lllll 111111111111111111
Apr 16, 2025 04:47 PM
OFFICIAL RECORDS JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $62.00 (8B2 Atkins: $0.00)
PAGES: 17
The space above this line reserved for County Recorder's use.
Assessor's Parcel Numbers: 210-010-28, 210-010-40-00,
210-010-44-00, 210-010-45, 210-010-48, 210-010-49,
210-010-50, 211-010-30, 206-070-16 and 211-010-31
MEMORANDUM OF SEASIDE TRANSACTION AGREEMENT AND SETTLEMENT
AGREEMENT
THIS MEMORANDUM OF SEASIDE TRANSACTION AGREEMENT AND
SETTLEMENT AGREEMENT (this "Memorandum") is made and entered into as of April lli_,
2025, by and between the City of Carlsbad, a charter city located in San Diego County (the "City"),
Cabrillo Power I LLC, a Delaware limited liability company ("Cab I"), and San Diego Gas &
Electric Company, a California corporation ("SDG&E'). The City, Cab I, and SDG&E are
sometimes referred to in this Memorandum collectively as the "Parties" and each individually as
a "Party".
RECITALS
This Memorandum is based on the following recitals:
WHEREAS, the Parties are parties to that certain Seaside Transaction Agreement and
Settlement Agreement (the "Agreement") dated as of April _, 2025 (the "Effective Date"),
pursuant to which the Parties have agreed to settle certain claims relating to that certain real
property situated in San Diego County, California, as more particularly described in Exhibit A
attached hereto;
WHEREAS, the Parties desire to execute and record this Memorandum to provide evidence
and notice of the Agreement and the Party's rights thereunder.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the Parties hereby agree and confirm as follows:
US-DOCS\149621923.21
ATTACHMENT B
1. Capitalized terms used in this Memorandum that are not defined in this
Memorandum shall have the meanings given to them in the Agreement. The recitals
set forth above are true and accurate and form a material part of this Memorandum.
2. The Term of the Agreement commences on the Effective Date and shall
remain in effect until the Parties have fulfilled all of their obligations under the
Agreement, unless terminated earlier in writing in accordance with the terms and
conditions of the Agreement.
3. This Memorandum is not intended to, and shall not, amend or modify the
Agreement in any way, but rather, this Memorandum shall only be used for recording
purposes and to provide notice to all of the existence of the Agreement and the Parties'
rights thereunder. The Agreement contains other terms and provisions, and any
reviewer of title is hereby put on notice to make inquiry of all terms and provisions of
the Agreement. In the event of any conflict or inconsistency between the terms and
provisions of the Agreement and the terms and provisions of this Memorandum, the
terms and provisions of the Agreement shall govern and control.
4. This Memorandum may be executed and delivered in counterparts, which
when taken together will constitute a single agreement. This Memorandum may be
recorded in the official records of the City and County of San Diego County, California.
[SIGNATURE PAGES TO FOLLOW]
US-DOCS\ 149621923.21
ATTACHMENT B
IN WITNESS WHEREOF, the Parties have executed this Memorandum effective as of
the date first written above.
SDG&E: SAN Dz & ELECTRJC COMPANY
By ~ Name: Kevinc.Gentgh
Title: Chief Operating Officer & Chief Safety
Officer
ACKNOWLEDGEMENT
A notary public or other officer completing this ce1iificate verifies only the identity of the
individual who signed the document to which this ce1iificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of & IJ ~-"f r
On(~,1 1. >C:if'> before me, Jo\/tt-;;i'-< •-Z. , a notary public, personally
appe ~ 7 _ (Here insert name and title of officer)
k'---e v' j '" Gt I' c,c-h h, , who
proved to me on the basis of satisfactor evidence to be the person'21 whose name0 ~
subscribed to the within instrument and acknowledged to me that ~/sh&tRey executed the same
in _!!i§/1)¢/tl;l6r authorized capacity_~, and that by Jili(b.e1'1tb,e1.r signatur,>05 on the instrument
the perso~, or the entity upon behalf of which the person0 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing is true and correct.
Witness my hand and official seal.
Signatur~ (Seal)
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
[Signatme Page -Memorandum of Settlement Agreement]
ATTACHMENT B
Cab I:
Title: Vice President
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual vvho signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of ·-~ en-\-u r IA
On ()~J 12170' before me,1-\t; , a notary public, personally
=are l/ () ~ I A , WOY-_'-~~V , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~re
subscribed to the within instrument and acknowledged to me tha18she/they executed th~rne
in !~er/their authorized capacity(ies), and that by~er/their s1gnature(s) on the instrument
the ~on(s), or the entity upon behalf of which the ~n(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the
foregoing is true and correct.
Witness my hand and official seal.
laws of the State of California that the
) <'> ~. ◊.: HEATHER<'>D11.LEHAY i
()., ·•" y COMM.# 2464386 ::,,
(!)" •• : n1 NOTARY PUBLIC • CALIFORNIA G) l y " VENTURA COUNTY ()
) V "~C'v-S£!11!·~~~SETJ~2'!37t
Signaturet!:Q) \ le ~ (Seal)
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
ATTACHMENT B
City: CITY OF CARLSBAD
By: ~ Q \--
Name: Geoff Patnoe
Title: City Manager
APPROVED AS TO FORM:
By:
Name: Cindie K. McMahon
Title: City Attorney
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of ca,0 })1'e90
On A-()v'/ Jo I :t>;G before me, Sbei la ½, Cob, an
app;a;ed ' (He're insert name and title of officer)
Geo-f-£ ?;d__no•-.e_
, a notary public, personally
who
proved to me on the basis of satisfactory evidence to be the person(.s) whose name(,s-)@'are-.
subscribed to the within instrument and acknowledged to me tha@ ~y executed the same
in@:[~Yoo-rfttreir authorized capacity(i.esr, and that b@ herlthe-i.r signatureE-sJ on the instrument the
person(s ), or the entity upon behalf of which the personfs) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing is true and correct.
Witness my hand and official seal.
Signature ~~~' CaQJt_;~(Seal) C
US-DOCS\149621923.21
SHEILA R. COBIAN
Notary Public -California
San Diego County !
Commission , 2393059
y Comm, Expires Feb 6, 2026
ATTACHMENT B
EXHIBIT A TO MEMORANDUM OF SEASIDE TRANSACTION AGREEMENT
AND SETTLEMENT AGREEMENT
LEGAL DESCRIPTION OF LAND
[See attached]
US-DOCS\ 149621923 .21
ATTACHMENT B
LEGAL DESCRJPTION
That portion of Lot H of Rancho Hedionda, in the City of Carlsbad, County of San
Diego, State of California, according to Partition Map thereof No. 823, filed in the Office
of the County Recorder of San Diego County on November 16, 1896, being a portion of
land defined as Parcel 5 in the Certificate of Compliance recorded October 30, 2001, as
Document No.2001-0789069, Official Record of said County, being more particularly
described as follows:
COMMENCING at the Northeasterly comer of Record of Survey No. 14621, recorded in
the Office of the County Recorder of San Diego County, August 18, 1994 as
File No. 1994-500086, said comer being on the Westerly line of the Right-of-Way of the
Atchison Topeka and Santa Fe Railroad; thence along said Westerly line and Easterly
line of said Record of Survey No. 14621 South 28°40'1911 East, 656.70 feet to the most
Southerly comer of said Record of Survey No. 14621; thence continuing
South 28°40' 1911 East, 1110.14 feet; thence South 22°30'13 11 East, 2664.53 feet to the
TRUE POINT OF BEGINNING; thence continuing South 22°30'1311 East, 362.82 feet;
thence leaving said Westerly line of Railroad, South 67°33'0811 West, 941.91 feet; thence
North 22°30'4511 West, 324.69 feet; thence South 67°27'18 11 West, 343.53 feet to the
Westerly line of the 100 foot wide Carlsbad Boulevard; thence along said Westerly line
of Carlsbad Boulevard, North 30°02'1511 West, 280.66 Feet to the beginning of a curve
concave Easterly having a radius of 5316.55 feet; thence Northerly 88.59 feet along
said curve through a central angle of 00°57'17"; thence leaving said Westerly line,
North 0°43'4211 East, 203.71 feet; thence North 71 °53'5011 East, 49.05 feet;
thence North 88°29'4611 East, 149.63 feet; thence North 77°06'3211 East, 80.00 feet; thence
North 68 °28'15" East, 121.97 feet; thence North 63°21'2411 East, 220.51 feet; thence
North 67°56'35 11 East, 167.57 feet; thence No1ih 76°27'0311 East, 60.33 feet; thence
South 77°37'06" East, 172.85 feet; thence South 60°55'41" East, 66.30 feet; thence
South 45°30'57 11 East, 47.42 feet; thence South 82°40'4411 East, 84.31 feet; thence
South 44°29'52 11 East, 52.55 feet to the TRUE POINT OF BEGINNING.
Containing 16.37 acres more or less
/ ~ •
6 Adam R. Weirich, PLS, CFedS
{)'I{) 7.Z'!;'
Date
J:\22000 -SDGE Land Survey MSA\86_Land Services\1306739_25017.0388\19870\Survey\Legals\1306739-19870 CHICAGO
TITLE REPORT A.docx
Page 1 of 1
ATTACHMENT B
Cannon Park Land
That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Partition Map thereof No. 823, filed in the Office of the County
Recorder of said County, November 16, 1896, defined as Parcel 6 in that certificate of
compliance recorded October 20, 2001 as file No. 2001-0789070 of Official Records, described
as follows:
Commencing at the Northeasterly comer of Record of Survey No. 14621, in the City of
Carlsbad, County of San Diego, State of California, recorded in the Office of the County
Recorder of San Diego County, August 14, 1994 as File No. 1994-500086, said comer being on
the Westerly line of the Right-of-Way of the Atchison, Topeka and Santa Fe Railroad; thence
along said Westerly line and Easterly line of said Record of Survey 14621, South 28°40' 19" East,
656. 70 feet to the most Southerly comer of said Record of Survey No. 14621; thence continuing
South 28°40' 19" East, 1110.14 feet; thence South 22°30' 13" East, 2664.53 feet; thence continuing
South 22°30'13" East, 362.82 feet to the Southeast corner of Parcel I described in Document No.
78-430841, recorded October 10, 1978, Official Records; thence leaving said Westerly line of
Railroad and along the Southerly line of said Parcel 1, North 67°33'08" west, 941.91 feet TO
THE TRUE POINT OF BEGINNING; thence leaving said Southerly line North 22°30'45" West,
324.69 feet; thence South 67°27'18" West, 343.53 feet to the Westerly line of the 100 foot wide
Carlsbad Boulevard; thence along said Westerly line South 30°02'15" East, 326.98 feet to a line
that bears South 67°33'08" West from the TRUE POINT OF BEGINNING, thence North
67°33'08" East, 300.71 feet to the TRUE POINT OF BEGINNING.
The hereinabove describe parcel of land contain 2 .40 acres more or less.
Hub Park Land
That portion of Lots "F" and "H" of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the
office of the County Recorder of said County, November 16, 1896, described as follows:
Beginning at the comer to Lots "F", "H" and "I" of said Rancho Agua Hedionda; thence along
the Northerly line of said Lot "F" South 86° 52'04" East (record South 87°23'24" East per Record
of Survey No. 7938), 1456.25 feet; thence leaving said line South 22°50'04" West, 1273.28 feet
to the beginning of a 949.00 foot radius tangent curve concave Northwesterly; thence
Southwesterly along the area of said curve through a central angle or 18°39'20" a distance of
309.00 feet; thence non-tangent North 84°52'43" West 2517.07 feet; thence North 27°23'43"
West, 392.39 feet; thence North 84°52'43" West, 453.19 feet; thence North 07°51 '43" West,
259.19 feet; thence North 89°26'05" West, 404.67 feet; thence North 16°24'38" West, 440 feet
more or less to the mean high tide line of the Agua Hedionda Upper Lagoon; thence
Southeasterly, Northeasterly and Northwesterly along said mean high tide line to the
Northeasterly line of said Lot "H"; thence along said line South 64°01 '41" East, 275 feet more or
less to the POINT OF BEGINNING.
ATTACHMENT B
l~XI lll:31T 'A.
LEG1\L DFSCRWl'IOJ\
'J hat po rtion of 81ock W of Palisades Nurnhcr Two, in the City of Ca rlsbad. County 0f Snn
Diego, State of Ca lifornia, according to \,lap thercof >lo. 1803, til ed in the Office of the Counry
Recorder of San Diego Co unt y on August 25, 19.24, clcfinc<l as Parcel l in Certi ficate of
Compliance recorded O<.:tobi.::r 30, 200 l, ..is Docurncn t No.2001 -0789065 .. Official Records of
sa id County, bei ng more part icularly described :is follows:
COlvIMEI\CNG at a found tack & dis1.: stamped "LS 4312" mark ing the J\01ihwe<;terly tern1inus
of that cenain line labeled l\umhcr .29 and dcsignatc:d as "1\o;·th 64°3 1 '22" \Vest, 29J.5C) fed'
per Rccor<l or Survey ~o. I 7150. file d in the Of'ticc or said Co un ty Reco rder on April 1.2, 2002,
a::, 1-'ik No. 2002-0:1085 12, sa id point bears North 23 °55'24" \Vest. 2263.38 feet (colculatcd
1.-...:cord North 23 '55 '.29" West, .2261.26 feet rcr said Recor<l of Survey) from a found 3/4 i neh
iron pipt with disc stamped "f.S 4312" marking the Northwest<.::rly terminus of that certa in line
Jcsignatcd a<; "North 30 °02' 15" West, 620.96 feet'' per sa id Record or Survey; thence from said
point ot' eo111111enccn1e11t '.'./orth 08'33' I 5'' \.\'est, 2021. .93 f::l:'t tu the Southerly most co rner of
said 11lock W, said point being the T RUI~ POINT or-nr.Gl NNlt\G; thence
North 7r27' 13'' West, 958.53 feet to a poi nt on the Easterly sideline or Carlsbad Boukvarcl;
thence along. aid easterly sideline 1\orth 36° 17'09'' \h~st, I :17.36 l~ct; thence leaving said
Faster!) sideline North 55 °59'04" East, 120.63 fee t: thence ".'forth 34co4 '59'' West , 20.00 feet;
thence ~Orth 55°59'04" Eas t, 300.10 lct'l to a point on the \Ve terly sid~lin e ol'Ciarfield Street:
thence along s:1id Westerly sicklinc So uth 34vo0'56'' l~as t, 76.5 0 feet to the beginning of a
tan~c:nl 222.6 1 foot radius curve concave No nheasterl); thence continuing along said Westerly
sideline So utheasterl y along the arc of sa id curve through a centra l angle of 48°06'1 I" an arc
di ~tance of l 86.92 feet to the beg inning of a 450.00 foot radiu~ reverse curve co ncave
Soulh\\'esterl y, a radial linl.) to said point bears South 07°52 '33" \Vest; thence continuing along
said \Ves tcrly sideline Southeasterly along the arc of said cur ve through a ecnLral angle of
44°07'31)" an urc distunce of' .146.58 kct: thence continuing along said We~tcrly sitkl i11c
South 37°59 '48" r:a. t, 308.05 fee t to the TRU I: POIN l' Of-' l:H!Gl\JN ING.
C'onla ining 5.76 ac res more or I ss.
ATTACHMENT B
EXHIBIT "B-3A"
LEGAL DESCRIPTION
INNER LAGOON LAND
THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DEFINED AS PARCEL 9 IN THE CERTIFICATE
OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS FILE NO. 2001-0789069 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PARCEL B-3
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 9 IN THE CERTIFICATE OF COMPLIANCE
RECORDED OCTOBER 30, 2001 AS FILE NO. 2001-0789069 OF OFFICIAL RECORDS, HAVING A BEARING AND
DISTANCE LABELED AS "NORTH 33'44'36" WEST 1,290.81 FEET', MARKED BY CONCRETE FILLED 8' PIPE,
WITH PIN, PER RECORD OF SURVEY 17350; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF
SAID PARCEL 9, SOUTH 33'44'36" EAST, 1,290.81 FEET; THENCE CONTINUING SOUTHERLY, ALONG THE
FOLLOWING 3 (THREE) COURSES AND DISTANCES:
SOUTH 71 '40'52" EAST 1,586.90 FEET;
THENCE SOUTH 53'19'03" EAST893.14 FEET;
THENCE SOUTH 64°01'56" EAST 2,257.42 FEET;
THENCE, LEAVING SAID EASTERLY LINE OF SAID PARCEL 9, SOUTH 08"21'57" EAST 182.60 FEET; THENCE
WESTERLY AND NORTHWESTERLY ALONG THE SOUTHERLY LINE AND WESTERLY LINE OF SAID PARCEL 9,
THE FOLLOWING 29 (TWENTY-NINE) COURSES AND DISTANCES:
SOUTH 83°25'06" WEST 313.69 FEET;
THENCE SOUTH 62°01'07" WEST 160.23 FEET;
THENCE NORTH 76'53'47" WEST 269.28 FEET;
THENCE SOUTH 55'39'38" WEST 381.01 FEET;
THENCE SOUTH 66°59'23" WEST 594.40 FEET;
THENCE SOUTH 87°02'46"' WEST 210.53 FEET;
THENCE NORTH 64°43'30" WEST 244.66 FEET;
THENCE NORTH 74'31'19" WEST 186.69 FEET;
THENCE NORTH 17°29'43" WEST 220.16 FEET;
THENCE NORTH 83°34'03" WEST 514.42 FEET;
THENCE NORTH 80°57'43" WEST 209.62 FEET;
THENCE NORTH 72°35'04" WEST 308.66 FEET;
THENCE NORTH 45'17'25" WEST 291.62 FEET;
THENCE NORTH 53'58'34" WEST 226.98 FEET;
THENCE NORTH 64°17'22" WEST 117.48 FEET;
THENCE NORTH 70'53'29" WEST 346.91 FEET;
THENCE NORTH 48"58'53" WEST 87.04 FEET;
THENCE NORTH 72'33'23" WEST 186.00 FEET;
THENCE NORTH 78'46'23" WEST 238.00 FEET;
THENCE NORTH 66'17'23" WEST 172.00 FEET;
THENCE NORTH 30°00'23" WEST 23.00 FEET;
THENCE NORTH 89°22'23" WEST 24.00 FEET;
THENCE NORTH 57°13'53"' WEST 275.40 FEET;
THENCE NORTH 35°27'23" WEST 430.00 FEET;
THENCE NORTH 15'34'23" WEST 252.00 FEET;
THENCE NORTH 27°12'23" WEST 168.99 FEET;
THENCE NORTH 11 "13'43" EAST 92.85 FEET;
THENCE NORTH 03'09'38" WEST 1,172.51 FEET;
THENCE NORTH 17°49'10" WEST59.67 FEET TO THE NORTHERLY LINE OF SAID PARCEL 9, THENCE ALONG
SAID LINE, NORTH 59°06'16" EAST 531.80 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
CONTAINING 7,785,579.62 SQUARE FEET OR 178.732 ACRES, MORE OR LESS.
3-7-2025
CASEY R. LYNCH, PLS 8380 DATE
ATTACHMENT B
EXHIBIT "B-3B"
LEGAL DESCRIPTION
MIDDLE LAGOON LAND
THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DEFINED AS A PORTION OF PARCEL 3 IN THE
CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS FILE NO. 2001-0789069 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
PARCEL 8-3
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3 IN THE CERTIFICATE OF COMPLIANCE
RECORDED OCTOBER 30, 2001 AS FILE NO. 2001-0789069 OF OFFICIAL RECORDS, HAVING A BEARING
AND DISTANCE LABELED AS "NORTH 72'58'27" WEST 1,135.74 FEET", MARKED BY 8" IRON PIPE, DISC
STAMPED LS. 4312, PER RECORD OF SURVEY 17350; THENCE SOUTHEASTERLY ALONG THE NORTHLERY
LINE OF SAID PARCEL 9, SOUTH 72'58'27" EAST, 1,135.74 FEET; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF CALFORNIA INTERSTATE HIGHWAY 5, SOUTH 15'10'48" EAST, 193.90 FEET; THENCE
SOUTH 00"01'09" EAST, 894.06 FEET; THENCE SOUTH 17'57'05" EAST, 15.21 FEET; THENCE LEAVING SAID
WESTELRY RIGHT OF WAY OF CALIFORNIA INTERSTATE HIGHWAY 5, THE FOLLOWING 7 (SEVEN) COURSES
AND DISTANCES:
SOUTH 81'53'37" WEST 13.68 FEET;
THENCE SOUTH 88°07'37" WEST 333.14 FEET;
THENCE SOUTH 79'19'37" WEST 285.00 FEET;
THENCE NORTH 69°10'23" WEST 38.00 FEET;
THENCE NORTH 40°47'23" WEST 63.50 FEET;
THENCE SOUTH 30°30'3711 WEST 34.90 FEET;
THENCE SOUTH 61'25'37" WEST 14.19 FEET TO THE ARC OF THE EASTERLY RIGHT OF WAY OF THE
NORTH COUNTY TRANSIT RAILWAY RIGHT OF WAY; HAVING A RADIUS OF 1,975.00 FEET, CONCAVE
WESTERLY, THE CENTER OF WHICH BEARS SOUTH 76°17117" WEST; THENCE NORTHERLY AND
NORTHWESTERLY, ALONG THE ARC OF SAID 1,975.00-FOOT RADIUS CURVE; THROUGH A CENTRAL
ANGLE OF 26°23'1311; AN ARC DISTANCE OF 909.56 FEET TO THE BEGINNING OF THIS DESCRIPTION.
CONTAINING 899,078.41 SQUARE FEET, OR 20.64 ACRES, MORE OR LESS.
3-7-2025
CASEY R. LYNCH, PLS 8380 DATE
ATTACHMENT B
Exhibit A-3
Encina Redevelopment Site
EXHIBIT 'A-3' ENC/NA REDEVELOPMENT LAND
I• POS[IOON WATER LEI\Sf:HOL D
2• [AS[MLNT TO SD(\&C 1.UCrRIC
SIJB'.;fl\ TIO~l
, I
I
OWNERS
PAACELS 3 AND 4
DOC. OR 2001 07000M
PORnON OF PN!CEL 4
APN 9.I0-010-47
Cll/ffi/LW POWF.R I LL c;
A DflAVIAR[ UMIT[D UAB/UTY COMPANY
750 B 511/[U, SU/II 1740
SAN D:fGO, Cl\ 92112
OWNERS:
PARCELS 5 AND 7
DOC. OR 2001-07llll069
DOC. OR 2001--0780072
l\PPUCANf:
co.
iJOC //2001 -:)7890fill, 0,R
PLAT -CfTY OF CARLSBAD
PREPARED BY: APPROVED BY:
I -1):-,. 1.\/rJ
!(J i !\ 1 \. /I '7
HO'Nt5 I M'U'JI I LANO'( PtANIIINO II. ENON:1:RflO T,t-Fn7llllJll0.7llY7
"""'Jllo:EA-.i£EAS!&JIT'El11 CAIUllAf\ CA m,o
ICC
NAP.
SHEET 10F 1
I
I (
ATTACHMENT B
Page 1 of 3
LEGAL DESCRIPTION
(APN: 210-010-47-00 AND 48)(OLD); (APN: 210-010-48-00, 49 AND 50)(NEW):
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DEFINED AS
PARCEL 4 IN THAT CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30,
2001 AS INSTRUMENT NO. 2001-0789068 OF OFFICIAL RECORDS, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE 100.00
FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE
RAILROAD WITH THE NORTHERLY LINE OF CANNON ROAD (60.00 FEET WIDE);
THENCE ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST, 1564.78 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
EASTERLY LINE NORTH 22°30'13" WEST, 1990.35 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 1005.37 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 85°54'14" EAST;
THENCE NORTHEASTERLY 36.76.FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 02°05'42"; THENCE NON-TANGENT TO SAID CURVE
NORTH 22°30'13" WEST, 302.87 FEET; THENCE LEAVING SAID EASTERLY LINE
NORTH 61 °25'37" EAST, 14.19 FEET; THENCE NORTH 30°30'37" EAST, 34.90
FEET; THENCE SOUTH 40°47'23" EAST, 63.50 FEET; THENCE SOUTH 69°10'23"
EAST, 38.00 FEET; THENCE NORTH 79°19'37" EAST, 285.00 FEET; THENCE
NORTH 88°07'37" EAST, 333.14 FEET; THENCE NORTH 81 °53'37" EAST, 13.68
FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE
HIGHWAY XI-SD-2B (1-5); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH
17°57'05" EAST, 204.93 FEET; THENCE SOUTH 12°34'11"EAST, 424.72 FEET;
THENCE SOUTH 22°07'51" EAST, 239.68 FEET; THENCE SOUTH 22°30'37" EAST,
1210.91 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 67°37'25"
WEST, 492.66 FEET; THENCE SOUTH 62°25'13" WEST, 126.26 FEET TO THE
TRUE POINT OF BEGINNING,
TOGETHER WITH THAT PORTION OF SAID LOTH DESCRIBED AS FOLLOWS:
ATTACHMENT B
Page 2 of 3
COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO.
14621, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 14, 1994 AS FILE NO. 1994-500086, SAID CORNER
BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE ATCHISON
TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND
EASTERLY LINE OF SAID RECORD OF SURVEY 14621 SOUTH 28°40'19" EAST,
656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY
NO. 14621; THENCE CONTINUING SOUTH 28°40'19" EAST, 275.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH
56°25'30" WEST, 61.30 FEET; THENCE SOUTH 04°59'18" WEST, 27.61 FEET;
THENCE SOUTH 39°37'42" EAST, 61.38 FEET; THENCE SOUTH 77°21'22" EAST,
49.55 FEET; THENCE SOUTH 26°45'23" EAST, 232.92 FEET; THENCE SOUTH
17°52'19" EAST, 115.92 FEET; THENCE SOUTH 02°16'37" EAST, 55.06 FEET;
THENCE SOUTH 24°00'58" WEST, 44.47 FEET; THENCE SOUTH 40°45'14" WEST,
126.60 FEET; THENCE SOUTH 29°41'50" WEST, 83.42 FEET; THENCE SOUTH
27°27'35" WEST, 90.04 FEET; THENCE SOUTH 35°18'30" WEST, 212.59 FEET;
THENCE SOUTH 19°22'01" EAST, 108.34 FEET; THENCE SOUTH 30°56'56" EAST,
304.06 FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH
00°09'57" EAST, 123.11 FEET; THENCE SOUTH 26°53'37" EAST, 119.99 FEET;
THENCE SOUTH 34°46'51" WEST, 23.60 FEET; THENCE NORTH 61 °27'21" WEST,
142.77 FEET; THENCE NORTH 22°47'32" WEST, 47.01 FEET; THENCE SOUTH
67°12'28" WEST, 16.03 FEET; THENCE SOUTH 22°47'32" EAST, 22.23 FEET;
THENCE SOUTH 58°37'31" WEST, 97.99 FEET; THENCE SOUTH 41 °35'28" WEST,
110.44 FEET; THENCE NORTH 74°44'52" WEST, 164.81 FEET; THENCE NORTH
05°57'51" WEST, 202.95 FEET; THENCE NORTH 30°14'20" WEST, 64.23 FEET;
THENCE NORTH 64°31'22" WEST, 293.59 FEET TO THE EASTERLY LINE OF THE
100.00 FOOT WIDE CARLSBAD BOULEVARD; THENCE ALONG SAID EASTERLY
LINE OF CARLSBAD BOULEVARD SOUTH 24°07'36" EAST, 913.18 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
4050.00 FEET; THENCE SOUTHEASTERLY 348.89 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE SOUTH 19° 11 '27" EAST,
15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 5216.55 FEET; THENCE SOUTHEASTERLY 900.29 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°53'18"; THENCE
LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEVARD NORTH 60°43'42"
EAST,-103.71 FEET; THENCE NORTH 71°53'50" EAST, 49.05 FEET; THENCE
NORTH 88°29'46" EAST, 149.63 FEET; THENCE NORTH 77°06'32" EAST, 80.00
FEET; THENCE NORTH 68°28'15" EAST, 121.97 FEET; THENCE NORTH 63°21 '24"
EAST, 220.51 FEET; THENCE NORTH 67°56'35" EAST, 167.57 FEET; THENCE
NORTH 76°27'03" EAST, 60.33 FEET; THENCE SOUTH 77°37'06" EAST, 172.85
FEET; THENCE SOUTH 60°55'24" EAST, 66.30 FEET; THENCE SOUTH 45°30'57"
EAST, 47.42 FEET; THENCE SOUTH 82°40'44" EAST, 84.31 FEET; THENCE SOUTH
44°29'52" EAST, 52.55 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF SAID
ATTACHMENT B
Page 3 of 3
ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID
WESTERLY LINE NORTH 22°30'13" WEST, 2664.53 FEET; THENCE NORTH
28°40'19" WEST, 835.14 FEET TO THE TRUE POINT OF BEGINNING.
STUART PEACE, RCE 27232
HOWESIWEILERILANDY
197.01 /M/P&L/PCL4.doc
ATTACHMENT B
EXHIBIT "A"
LEGAL DESCRIPTION OF THE LEASED PREMISES
THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789068, AND AS SHOWN ON RECORD OF
SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF THAT PORTION OF
SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF
THE A TC HIS ON TOPEKA AND SANT A FE RAILROAD, ALSO BEING A POINT ON THE
WESTERLY LINE OF SAID 100.00 FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON
TOPEKA AND SANT A FE RAILROAD; THENCE ALONG SAID WESTERLY LINE,
NORTH 22°30'13" WEST, 1173.18 FEET; THENCE LEAVING SAID WESTERLY LINE,
NORTH 67°29'47" EAST, 100.00 FEET TO THE EAST LINE OF SAID ATCHISON TOPEKA
AND SANTA FE RAILROAD RIGHT-OF-WAY, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH
22°29'49" WEST 1697.30 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY
NORTH 67°30' 11" EAST 35.25 FEET; THENCE NORTH 03°20'27" WEST 128.24 FEET;
THENCE NORTH 23°1 l '48" EAST 273.84 FEET; THENCE NORTH 29°59'33" WEST 170.17
FEET; THENCE NORTH 65°13'12" EAST 5.12 FEET; THENCE NORTH 68°56'57" EAST
38.24 FEET; THENCE NORTH 70°45' 17" EAST 50.45 FEET; THENCE NORTH 73°29'58"
EAST 17.89 FEET; THENCE NORTH 80°48'39" EAST 33.85 FEET; THENCE NORTH
86°35'38" EAST 14.92 FEET; THENCE SOUTH 84°42' 17" EAST 14.47 FEET; THENCE
SOUTH 80°47'49" EAST 19.58 FEET; THENCE SOUTH 76°56' 15" EAST 13.02 FEET;
THENCE SOUTH 72°06'01" EAST 10.30 FEET; THENCE SOUTH 66°35'57" EAST 7.64
FEET; THENCE SOUTH 57°32'35" EAST 27.34 FEET; THENCE SOUTH 52°07'27" EAST
22.72 FEET; THENCE SOUTH 51°06'00" EAST 10.13 FEET; THENCE SOUTH 66°57'55"
EAST 9.35 FEET; THENCE SOUTH 71°16'05" EAST 10.32 FEET; THENCE SOUTH
82°28'35" EAST 98.55 FEET; THENCE SOUTH 85°47'58" EAST 11.00 FEET; THENCE
NORTH 84°03'23" EAST 11.69 FEET; THENCE NORTH 70°09' 18" EAST 9.27 FEET;
THENCE NORTH 62°30'03" EAST 78.69 FEET TO THE EASTERLY LINE OF SAID
PARCEL 4, SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY OF
INTERSTATE 5; THENCE ALONG SAID EASTERLY LINE SOUTH 17°57'22" EAST 129.33
FEET; THENCE SOUTH 12°34'27" EAST 424.79 FEET; THENCE SOUTH 22°07' 15" EAST
239.43 FEET; THENCE SOUTH 22°30'42" EAST 1210.88 FEET TO THE MOST EASTERLY
CORNER OF SAID PARCEL 4; THENCE LEA YING SAID EASTERLY LINE AND ALONG
THE SOUTHERLY LINE OF SAID PARCEL 4 SOUTH 67°37'08" WEST 492.53 FEET;
THENCE SOUTH 62°24'55" WEST 126.22 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS 28.899 ACRES, MORE OR LESS
EXHIBIT "A"
ATTACHMENT B
EXHIBIT 'A*'
LEGAL DESCRIPTION
FOR
THE LEASED PREMISES
THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 30 , 2001 AS DOCUMENT NO. 2 001-07 8 90 68 , AND AS SHOWN ON
RECORD OF SURVEY NO. 17350 , IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF THAT PORTION OF
SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY
OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING A POINT
ON THE WESTERLY LINE OF SAID 100.00 FOOT WIDE RIGHT-OF-WAY OF THE
ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY
LINE, NORTH 22°30'13u WES T , 1 3 19.08 FEET; THENCE LEAVING SAID
WESTERLY LINE, SOUTH 67°2 9' 4 7" WEST , 58. 7 2 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 67°31'21 " WEST, 229.72 FEET; THENCE
NORTH 4 0°0 3' 53" WEST, 199. 1 3 FEET ; THENCE SOUTH 66°28' 4 9" WEST ,
45.93 FEET; THENCE NORTH 22°2 8 '4 6" WEST, 587.13 FEET; THENCE NORTH
67°31'14" EAST, 338 .82 FEET; THENCE SOUTH 22°3 7'35 " EAST, 536.65
FEET; THENCE SOUTH 20°08'20" EAST, 115.20 FEET; THENCE SOUTH
22°37'35 " EAST , 124.3 8 FEET TO THE TRUE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'A-1*' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY O. 999963440. ALL BEARINGS SHOWN HEREON ARE GRID,
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, AND EPOCH
1991.35.
SAID PARCEL OF LAND CONTAINS 5.70 3 ACRES, MORE OR LESS
GARY L. -+l-
L. S. 7019
DATE
EXPIRATION DATE 6/30/2010
T:\SUR VEY\239812009-07-I3 • Plats\Lcgals\Exhibil A-1-reconfig-Pennnnenl Lease 1\rea-revised2.doc
ATTACHMENT B