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Home My WebLink AboutSDP 97-08A; Carlsbad Corporate Center; Site Development Plan (SDP)0 SmithConsu tingArchitects June 3, 2003 Mr. Clyde Wickham, Associate Engineer CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 Re: Carlsbad Commercial Center Dear Clyde: I will first take this opportunity to again thank you for your time and insight on the above referenced project. Per our meeting of May 29, 2003 and on behalf of the property owners, I am formally requesting a review of the proposed Faraday Avenue right hand turn lane to northbound El Camino Real. In particular, I am requesting a determination of the proportioned share of project cost to be borne by the Carlsbad Corporate Center properties. If you require any additional information in order to initiate this process, please contact me. Thank you in advance for your assistance. Respectfully c: Paul Galbraith, Birtcher Dennis Visser, BRE Mark Emerick, BRE 12220 El Camino Real Suite 200 San Diego, CA 92130 858·793-4777 858.793.4787 Fax SmithConsu ti April 28, 2003 Revised April 30, 2003 Mr. Paul Galbraith BIRTCHER ANDERSON PROPERTIES 27611 La Paz Road Laguna Niguel, CA 92677 Re: ADT Investigation for Carlsbad Commercial Center SCA Project No. 03154.50 Dear Paul: ""FllA9 Sfo9i-crrA. (CPfl ~ \'\i~c.,... ~~Vol. ngArch itectSJ Subsequent to our discussion I have had the opportunity to speak with Don Neu {Assistant Planning Director), Van Lynch {Planner for the Carlsbad Commercial Center), Clyde Wickham {Engineer for the Carlsbad Commercial Center) and Sam Kab at Urban Systems {Traffic Engineer for the project). I also reviewed the SOP submittal package and had a meeting with Clyde Wickham. The following is a synopsis of information and extrapolation of such: The 4 lots comprising the Carlsbad Commercial Center were evaluated, based upon traffic generation, as one project. The total ADTs allotted were based upon 444,000 s.f. @ 8 ADT/1 ,000 s.f. or a total of 3,552. (Note that there was one City document that indicated 3,507, but that appeared to be an incorrect number.) This is documented in a traffic report prepared by Urban Systems dated March 16, 1999. When Fed-Ex was constructed there was not a specific number of ADTs allotted to either the project or the lot. However, in discussion with Clyde Wickham and Sam Kab, the FedEx building will be evaluated at a SANDAG rate for Transportation/Truck Terminal at 10 ADTs/1 ,000 s.f. for the entire building area (including the office components). Note that research should be done on the Federal Express agreement to determine if any specific allotment was made on a 'private' basis. In my discussions with Clyde Wickham, the intersection which is restricting ADTs is Faraday and El Camino Real. In particular, west bound Faraday transition to north bound El Camino Real, meaning that the addition of a right turn lane would effectively eliminate the ADT restrictions. Additionally, if proposed development exceeds the overall 3,552 ADTs, the developer will be responsible for the right turn lane. Note that this turn lane, per Clyde, will be approximately $500,000.00. However, the prorated share to the subject property will probably be closer to $100,000.00 (these are estimates only). The City is poised to start the Faraday turn lane if the subject property owners are ready to contribute their share. The steps to complete would be as follows: • Already have the documents prepared • Adelphia Cable needs to dedicate easement or sell property to the City for the lane. • Planning Commission Approval. • Precise grading of vacant 8.27 acre site as only rough grading has been completed to date. • Turn lane construction This process would be anticipated to take about 1 Y:z years. 5818 and 5830 El Camino Real have a reciprocal access agreement wherein parking can be shared. For the purposes of this evaluation the parking on each lot was used as a basis. 12220 El Camino Real Suite 200 San Diego, CA 92130 858·793·4777 858·793·4787 Fax "" BIRTCHER ANDERSON PROPERTIES Carlsbad Commercial Center ADT Evaluation SCA Project No. 03154.50 April28, 2003 Revised Apri/30, 2003 Page 2 of 3 The following evaluations are based upon: City of Carlsbad Parking Requirements: Office: R&D: Manufacturing: Warehouse: 1/250 1/250 1/400 1/1000 ADT (City of Carlsbad uses SANDAG Standards dated July 1998) Office (multi-tenant): 20/1 000 (Do not use per Clyde Wickham) Office (single tenant): 14/1000 (Use for office components within this project) Office (corporate): 7/1000 (Do not use per Clyde Wickham) Manufacturing: 4/1000 R & D: 8/1000 Warehouse: 5/1 000 Transportation/Truck Terminal: 1 0/1 000 Fed-Ex (2495 Faraday) 107,223 s.f. (future expansion is an additional14,214 s.f.) ADTs @ 10/1000 = 1,072 ADT • Note that office was not separated from Transit use per discussion with Sam and Clyde. • FUTURE EXPANSION HAS NOT BEEN INCLUDED IN CALCULATIONS WHICH COULD REMOVE AN ADDITIONAL 142.4 ADTS. Remaining ADTs are 2,480 (3,552-1 ,072) Using the gross site area for the remaining 3 lots we have 17.71 acres or an equivalent of 140 ADT/acre. Therefore, 5818 El Camino Real has 140 ADT x 5.57 acres= 780 ADTs 5830 El Camino Real has 140 ADT x 3.87 acres = 542 ADTs Vacant Lot has 140 ADT x 8.27 = 1158 ADTs Total 2480 ADT NOTE AGAIN THAT THE FUTURE EXPANSION FOR FED-EX IS NOT INCLUDED. Existing Building at 5818 El Camino Real 76,693 s.f. (13,050 s.f. of which is mezzanine) 2 grade level/ 4 dock high loading areas Parking on site is 302 stalls @ 100% Office 76,693 s.f./250 = 306.7 stalls required, so lot is parked to accommodate office. However, ADTs may limit that use. Scenario #1 (Does not work for ADTs) 1 00% 76,693 s.f. office/1 000 Scenario #2 (OK for ADT and Parking) 50% 38,346 s.f. office/1 ,000 40% 30,677 s.f. mfg. /1 ,000 10% 7,669 s.f. warehouse/1 ,000 X 14 = X 14 = X 4 = X 5 = Total 1074 ADT > 780 ADT 536.9 122.7 38.3 698 ADT < 780 ADT ""' BIRTCHER ANDERSON PROPERTIES Carlsbad Commercial Center ADT Evaluation SCA Project No. 03154.50 April 28, 2003 Revised April 30, 2003 Page 3 of 3 Scenario #3 (OK for ADT and Parking) 70% R&D 53,685/1 000 30% Office 23,008/1000 X 8 = X 14 = Total Existing Building at 5830 El Camino Real 73,480 s.f. (11 ,800 s.f. of which is mezzanine) 2 grade level/ 4 dock high loading 429.5 322.1 751.6 ADT < 780 ADT Parking on site is 187 stalls, however, there is a reciprocal access agreement to share with adjacent lot. Scenario #1 (Does not work for ADTs or Parking) 100% 73,480 s.f. office/1000 x 14 = Scenario #2 (OK for ADT and Parking on site) 20% office 14,696/1000 x 14 = 40% Mfg. 29,392/1 000 X 4 = 40% warehouse 29,392/1000 x 5 = 1 029 ADT > 542 ADT 205.7 117.6 147 470.3 ADT < 542 ADT (161.7 parking required) Scenario #3 (Does not work for ADT I will not work for parking without sharing with adjacent lot) 20% office 14,696/1000 x 14 = 205.7 40% R&D 29,392/1000 X 8 = 235.1 20% Mfg. 14,696/1000 X 4 = 58.8 20% warehouse 14,696/1000 x 5 = 73.5 573.1 ADT > 542 ADT (227. 7 parking required) Other issues discussed were whether a new traffic study would be required if Lot C was changed from a single building to multiple buildings. Clyde believes that if there is no deviation from the uses that will conform to the overall ADTs a new report should not be required. There will be however, a requirement for an SOP (Site Development Plan) amendment. Paul, I attempted to assimilate all of the pertinent information available at this time. Although I would like to state that the information is 1 00% correct, due to the lack of documented information and potential for future jurisdictional interpretation, I cannot be certain that it is 1 00% correct. Should you have any questions or comments, please feel free to contact me. Respectfully, SMITH CONSULTING ARCHITECTS Mark Langan AlA Vice President ML/Is c: Dennis Visser, BRE Cit November 19, 2002 John A Dobrott, Senior Vice President Gale & Wentworth California, LLC 2030 Main Street, Suite 31 0 Irvine, CA 92614 RE: AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS FOR ORION STREET, CITY PROJECT NO. 3603 Dear John, Enclosed is a final accounting of the costs for the subject agreement between the City and MSGW CALIFORNIA II, LLC. Pursuant to paragraph 5(b) of the subject agreement, you must make a payment of $2,958.93 within 30 calendar days from the date of this letter, which is the City's Reimbursement Request. Please send this final payment to my attention at the City of Carlsbad, Engineering Department. We appreciate your cooperation in this matter. If you have any questions or if I can provide you with any additional information, please contact either myself at (760) 602- 2766 or Galen Peterson at (858) 487-7000. Sincerely, 7f'M{;Uf M Marshall Plantz l/ Senior Civil Engineer cc: City Engineer, Pruim Deputy City Engineer, Plummer Associate Engineer, Wickham Consulting Project Manager, Peterson Enclosure 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 i) EXHIBITE FINAL COST ESTIMATE OF REIMBURSABLE EXPENSES I I. REIMBURSABLE CONSTRUCTION WORK I I El Camino Real and Orion Street, Project No. 3603 $/Unit Cost From Contractor (Mclaughlin Engineering & Mining, Inc) bid dated 11-29-01 Quantity column from Final Pay Estimate (No. 7 dated August 2002 Division of Cost between City and Developer Prepared by Galen N. Peterson, 11-19-02 City Cost DevCost Item Description Unit Quantity $/Unit Total Cost Non-Relmb. Relmb to City Remarks A City and Fed Ex Improvements: El camino Real and Orion Street Widening Grading 1 Mobilization LS 1 $115,000.00 $115,000.00 $103,610.56 $11,389.44 Prorate by Subtotal 2 Clear and Grub LS 1 $15,200.00 $15,200.00 $13,694.61 $1,505.39 Prorate by Subtotal 3 Unclassified Excavation CYD 5,260 $6.40 $33,664.00 $30,464.00 $3,200.00 500 cy for Dev 4 Exported Soils CYD 3,040 $4.00 t!2 160.00 $11,004.11 $1,155.89 Prorate by bid item 3 Subtotal $176,024.00 Street Improvements 5 Removal of Exist. Curb & Gutter LF 620 $2.60 $1,612.00 $1,612.00 6 Remove and Disposal of Existing PCC SF 3,415 $0.80 $2,732.00 $2,732.00 7 Removal & Disposal of exist. AC SF 70,826 $0.45 $31,871.70 $31,871.70 8 Removal of Exist. AC Berm LF 870 $1.20 $1,044.00 $1,044.00 9 Removal of Exist. Chainlink Fence LF 6 $16.00 $96.00 $96.00 10 Rem. of Exist. Wood Barricade LF 10 $16.00 $160.00 $160.00 11 6" AC Pavement T 209 $58.00 $12,122.00 $12,122.00 12 4" AC Pavement T 2,221 $58.00 $128,818.00 $111,650.00 $5,936.61 1 02.355 Tons for Dev 13 Aggregate Base Material T 8,440 $14.80 $124,912.00 $109,150.00 $5,442.93 367.766 Tons for Dev 14 Lime Treated SoU (12" Subbase) SF 86,130 $0.83 $71,487.90 $65,404.00 $4,324.30 5210 sq. ft. for Dev 15 Type "A" AC Berm (6") LF 2,767 $2.60 $7,194.20 $7,194.20 16 Type G Curb and Gutter (6') LF 409 $16.50 $6,748.50 $6,748.50 17 PCC Sidewalk SF 2,045 $2.40 $4,908.00 $7,164.00 18 Cross Gutter SF 1,162 $6.00 $6,972.00 $6,972.00 19 Allev Twe Drivewav "GS-20' 1,021 $9.00 $9,189.00 $9,189.00 20 Pedestrian Ramp EA 2 $450.00 $900.00 $900.00 21 AC Sidewalk -3" Thick SF 3,360 $1.25 $4,200.00 $4,200.00 22 Temp. Silt Fence LF 610 $3.70 $2,257.00 $2,257.00 23 Const. Traffic Control LS 1 $49,000.00 $49000.00 $49,000.00 Subtotal $466,224.30 Storm Drain 24 Removal of exist. Curb Inlet EA 1 $1,000.00 $1,000.00 $1,000.00 25 Local PCC Depressions (DS-1) SF 246 $10.00 $2,460.00 $2,460.00 26 Type B1 Inlet EA -1 $3,500.00 $3,500.00 $3,500.00 27 Pipe Collar EA 3 $220.00 $660.00 $660.00 28 18" RCPCD1350l LF 613 $40.00 $24,520.00 $24,520.00 29 Tvoe "G-1" Catch Basin EA 2 $2,200.00 $4,400.00 $4,400.00 30 Tvoe A-4 Cleanout EA 2 $2,700.00 $5,400.00 $5,400.00 31 Will!l Twe Headwall EA 1 $3,800.00 ~800.00 $3,800.00 Subtotal $45,740.00 Sewer 32 Adjust Manholes to Grade EA 1 $550.00 ~50.00 $550.00 Subtotal $550.00 Water 33 Adjust Water Valve Covers and Utilities to Grade EA 13 $160.00 $2,080.00 $2,080.00 34 Remove Exsiting Thrust Block EA 1 $275.00 $275.00 $275.00 35 2' MAR. EA 1 $1,265.00 $1,265.00 $1,265.00 36 10" CML&C Steel Pioe LF 603 $82.00 $49,446.00 $49,446.00 37 Connect to Existin!l Water EA 2 $2,750.00 $5500.00 $5,500.00 Subtotal $58,566.00 Dry Utilities & Miscellaneous 38 Adjust X-Telephone M.H. to grade EA 3 $650.00 $1,950.00 $1,950.00 39 Adjust X-Pullbox EA 0 $220.00 $0.00 $0.00 40 Relocate X-Vault EA 0 $1,600.00 i.O.OO $0.00 Subtotal $1 950.00 Exhibit E to FedEx Agmt_6 Page 1 of 2 11-19-2002 EXHIBITE FINAL COST ESTIMATE OF REIMBURSABLE EXPENSES Item Unit Quantity_ [Traffic Signal 41 3" Conduit LF 1,865 42 Pull Box·· G5-21 _EA _1! Subtotal_ 1 Estimate 43 Detail12 CTwo-COl!l Paint) _LF 412 44_ Detail ~wo--__<:oat Paint) LF 1,717 45 Detail36 :Two-Coat Paint\ .F _1_l1_ 46 i DetaR 39A :Two-Coat Paint\ l~ ;lU:> 47 Detail39B tPaintl .F 203 48 Detail 378 (Two-Coat Paint) LF 224 49 Pavmt ~gs (1"'11()-C~at Pairlt)_ SF 110 50 Remove StriDina .F 305 51 1 Relocate Sian EA 2 52 Install Si~tn Comp~te EA 4 Sub~ Subtotal 0%• T()fal 8 · FedEx : Orion street Wldenl1111 per Dwg. 381·2 53 Twe G Curb and Gutter 16"1 LF 775 55 I Alley Type Drivi!Yilly "GS-20" SF 1 ,069 56 IPedeslrianRampG-27TypeA _EA 0 57 110" CML&C Steel Pipelsta 17+32) LS 1 58 48" . 17+32) LF 61 59 Wln!l Wa I lsta17+32l EA 2 _llQ_ LT~B1 nlet Isla 25+48.641 EA 1 61_ '18" ~"I' Isla 25+48.641 LF 10 Subtotal ISubtotal_wl~ Bid Items 1 & 2 I Total ~th Bid Items 1 & 2 0% FedEle_ Subtotal C : Change Orders 1,2~51CitvC 1Work 3_ [llem 1. lower 2" PVC • main 3 [Item 2, Construct inlet and ~in at 411"_RCP 3 [Item 3, Construct rip rap energy ' at 18" RCP and 4l ' RCP Total Change Order Cost Subtotal wj!h Contract Chan!le Orders Subtotal City IW()rk Subtotal Work Overhead 1 at~"& Total City I ~rk Total Work 111. RFIMRIIg~ARI ~== INl;lut:N rAL woRK [A De_sign 1 by P&D [B. Project I by City [C. Inspection & City staff time I Subtotal incidental Work 1 D. Overhead Allocation at 4% _I Total City Incidental Work I _!_otal_ • Incidental Work I Ill. TOlrAL REIMFl''g~ARI I=._W_QRK Grand Total Grand_]otal Cit)'~~ Grand Total ·Work I Less Initial Deposit per Section S(a) 1) of Agmt Less Second Deposit per Section S(a) 2) of A_!lmt ' Expenses dJI!Jrom $/Unit $12.00 $22Q.QQ_ ~ 10.30 !Q.1Il_ ~U.;l:> ~0.2() $0.40 $2.20 $1 10 $110.00 $~ $17.00 $3.70 $450.oo_ $8,700.00 $61.00 $3,240.00 $3,500.00 $125.00 Exhibit E to FedEx Agmt_6 Page 2 of2 Total Cost !1:?? AAO on ~ !1:?4 ROO on $1~.60 $515.10 ~.4U ~:>1.25 $00.75 $89.60 S242.00 5335.00 $220.00 ~ $2 :,476.20 $776,330.50 10.!!!! $13,175.00 $0.00 $9,621.00 $0.00 $8,700.00 $3,721 00 $6,481 00 $3,501 00 St.~ 00 $46,441 00 CltvCost !1:?? ~RO on $2,420.00 $123.60 _151~10 ~.4U ~1.25 $50.75 $89.60 $242.00 $335.00 $220.00 $800.00 _[)ev Cost I Reimb to City $13,175.00 $0.QO_ $9,621.00 $0.00 $ ,700.00 $ 721.00 $ 480.00 soc 00 -~ 250.0()_ lAM R1R 71 tAR AAR n $722,321.88 $79,401.55 ${1.00 $0.00 I!!J!ll $46,447.00 $822,777.50 $ 26,5611.98 $ 26,566.98 $ 11,7611.64 $ 11,768.64 $ 2,2()( 00 _!_ 2.200.00 $ 3,00 00 $ 3,500.00 $ 44,035.62 $ 38,335.62 $ 5, 700.00 $ 866,813.12 $ 760,657.50 $ 85,101.55 $ 760,657.50 $ 85,101.~ ~ $ 131,128.00 $ 12 1,803.00 $ ',325.00 $ 56,§!12.00 _!_ 4 ,792.00 _!_ r,soo.oo Remarks $ 113,916.88 $ 1,965.87 !_ _1· ,18~ [Prorated by Constr. $ 301 ,636.88 $ 27 :,560.87 $ 26,309.08 $ .052.36 ; 115,867.06 120.000.001 fQ? QRII1:1l 2,958.93 11-19-2002 ~E October 9, 2002 Mr. Clyde Wickham City of Carlsbad 1635 Faraday Carlsbad, CA 92008 Re: Carlsbad Corporate Center SDP 97-0S(A) Bond #IL 93 QA 3498 7 Bond #IL 93 QA 3500 4 Dear Clyde: The Gale Company Real Estate Investment & Services 2030 Main Street Suite 120 Irvine CA 92614 Tel: 949.260.1900 Fax: 949.260.1925 www.thegalecompany.com Pursuant to the construction completion of5818 and 5830 El Camino Real, the above referenced surety bonds will not be renewed after November 1, 2003. The City of Carlsbad acknowledged the completion of 5818 and 5830 El Camino Real in December 2001. In addition, Carlsbad Corporate Center, LLC is requesting the refund of the cash deposit in the amount of $95,938 associated with the grading and erosion control agreement for SDP 97-08A. All grading and construction work for 5818 and 5830 El Camino Real has been completed and was approved by the City in December 2001. Please feel free to contact me at 949-260-1900 with any questions or concerns. Sincerely, CC: Bob Wojcik (City of Carlsbad) Eric Bridges (AmberJack, Ltd.) Timothy J. Maurer (AmberJack, Ltd.) Christiane M. Stoffer, Esq. (AmberJack, Ltd.) FLORHAM PARK NJ PRINCETON NJ I NEW YORK NY BOSTON MA FAX TRANSMITTAL Date: To: CHERRY ENGINEERING From: U~ /A/;~L}"lr)J FaxNo: 76P-.ttJZ-!tJ.>Z- 2.6()-2. :?l-4?0/ Project: ~A }UJLJ.J.LJ ~ C.HL. Pages: /UI?LEz e. Job No: ---------- .5PP97-b3C.4); m> 9~-1/ Remarks: I N&!;ilJ 7Z/ Rl/,11/ nilS O//E,l?../1@1) li2fZ72VC ~p-;./t/L?zs;LiJ,/ /3y y'oll . 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PA?..oU":S.S. 12721 POWAY ROAD, POWAY, CA 92064 TEL: (858) 679-3410 FAX: (858) 679-3416 soGfl$1® Fll!ltB!tfli/'E A ~ Sernpra Energy· company November 2, 2000 John Dobrott Galen & Wentworth 2030 Main Street #310 Irvine, CA 92614 Subject: Carlsbad Corporate Center A&B -Gas Main Relocation Dear John: San Diego Gas & Electric 1623 West Mission Road Escondido, CA 92029-1109 SDGE has reviewed your improvement plans that indicate a conflict with our gas main on Parcel A. It has been determined that we will need to relocate our 3" high pressure gas main in order to clear this conflict. Per your request, SDGE will relocate our gas main to the franchise position in Faraday Avenue. You will provide all trenching and weld holes, and SDGE will furnish a~d install the pipe in your trench. Butsko Utility will provide an interim design, for illustration purposes only, that will show this new trench route for our gas pipe. Once gas engineering completes their design, I will provide you with a cost estimate for the relocation of our gas main and construction drawings that will reflect the new gas pipe position in Faraday A venue. Should you or the City of Carlsbad have any questions, please do not hesitate to call me. Sincerely, Michele Kaiser Senior Project Planner (760) 480-7651 MMK:jt cc: Clyde Wickham, City of Carlsbad Randy Michael, Butkso Utility §:lO E-t0 I gN oo . CARLSBAD CORPORATE CENTER PHASE 2 --GAS RELOCATION 1 1 . a CAll/NO R£AJ. NOTES ·--·-.-· --~-=s=.----· ~-,_ ll:llllr".u:-'··-- •w:..-:~&'D'IIIInla -----·----------• I ~ -- --· I ..... ~· ~------------------------------------------------------------------------------------L~~ N) oe ~z ..... July 31, 2000 City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 RE: Carlsbad Corporate Center-Sewer Easement Quitclaim Parcel A, P.M. No. 18416; SDP 97-08(A) Dear Gentlemen: 2030 Main Street, Suite 200 Irvine, California 9 2 614 Tel: (949) 260-1900 Fox: (949) 260-1925 golewent.com We request quitclaim of a portion of the existing sewer easement described in a deed to Carlsbad Municipal Water District, recorded 4/29/87 as File No. 87-234258, O.R This request is made in accordance with the requirements ofthe City of Carlsbad Utility Engineering Department, set forth in correspondence addressed to Cherry Engineering dated June 2, 2000. Please call me ifyou have any questions at (949) 260-1900, ext. 213. Sincerely, Senior Vice President Investment • Management • Construction • Advisory Services --~:::.:;;;;; . ,. June 2, 2000 Mr. Larry Walton. Cherry Engineering. 656 Metcalf St. Escondido, CA 92025 Re: EXISTING SEWER AND WATER PIPLINES ON LOT A of PARCEL MAP NO. 18416, SOP 97-0S(A) Dear Mr. Walton: This letter is in response to your request dated May 26, 2000 and related phone conversations regarding concerns of the existing water and sewer pipelines within lot A of Parcel Map No.18416. The City has reviewed the Site Development Plan, SOP 97- 0S(A) and has the following comments: • Realignment of the existing water and sewer lines within Lot A into Faraday Avenue is not required. The existing alignments may remain within Lot A provided the conditions of Planning Commission Resolution No.4552 are followed specifically conditions 13 through 181isted under Water. • We are aware that the alignment of the sewer easement, as it is now recorded, does not have the sewer pipeline centered within the 15-foot width. The alignment of the easement shall therefore be adjusted centering the existing sewer pipeline within the easement. This will require recording of an adjusted easement, and quitclaiming the existing easement. • Conditions of Resolution No. 4552 shall apply in consideration with the revised boundaries of the sewer easement. • No portion of any building, including roof overhangs and appurtenances shall protrude into the adjusted sewer easement. • No trees, flagpoles, or monuments shall be planted or located within the adjusted sewer easement. Concrete curbs, gutters, sidewalks and pavement are acceptable. • The foundation for building(s) shall extent deep enough to preclude any impact or bearing load being placed onto the existing 8" diameter VCP sewer pipe and manholes from the building(s). Structural and geotechnical calculations shall be prepared showing that no additional loading will be placed upon existing sewer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 @ ·~. pipeline and submitted to the City Deputy Engineer for approval prior to submittal of building permit application for the building(s). • All proposed onsite water pipelines, fire hydrants, service lines and meters shall be within a minimum 20-foot wide public easement dedicated to the Carlsbad Municipal Water District. • Access to the easements shall be available to the City of Carlsbad and the Carlsbad Municipal Water District, CMWD at all times. If you have any comments or require any further information regarding this issue, please contact Mark Biskup at 760 602-2763. Very truly yours, City of Carlsbad Utility Engineering A/~~~ William Plummer City Deputy Engineer BP:mb SOP 97-0S(A) 3 of Carlsbad ----------~~~~~ Cit February 29, 2000 ~~svr·~~ John A. Dobrott, Senior Vice President Gale & Wentworth California, LLC 2030 Main Street, Suite 310 Irvine, CA 92614 RE: EL CAMINO REAL AND ORION STREET -PROJECT NO. 3603 Dear John, This letter is pursuant to your meeting with Galen Peterson and Clyde Wickham on February 23, 2000, in our office. You asked for a copy of the soils report so that you and your general contractor, Grant General Contractors, J.V., might offer comments on the design of the subject project. Enclosed for your information is the following: • Soils report dated July 28, 1998 by Kleinfelder, Inc. • Copy of City's Supplemental Standard No. GS-17 • Section 48, page 7, of City's Design Criteria Due to the heavy industrial traffic (trash trucks) utilizing these improvements, the City has recommended that 12" of the subgrade should be treated with lime. Refer to Note 1 of Carlsbad Supplemental Standard No. 17 and Section 4 B on page 7 of the Design Criteria. A traffic index of 7 is considered too low for Orion Street. The soils report shows an R-Value of 7 in Boring No. 3 (Refer to Figure 84). We appreciate your comments on this project and the cooperation that you have given the City. If you have any questions or if I can provide you with any additional information, please contact either myself at (760) 602-2739 or Galen Peterson at (858) 487-7000. Sincerely, flJ~ David Hauser, P.E. Deputy City Engineer Enclosures c: Public Works Director Clyde Wickham Galen Peterson John Sandahl, Grant General Contractors, J.V. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 (!) ~ c ...., UtUJU STRUCl\JRAL. SECllON IN INCHES 11-t35 (EWU T I 4 5 5.0 6 0 7.0 8.0 8 5 9 0 TYPE CUL-DE-LOCAL COLLECTOR LIGHT' SECONDARY MAJOR PRIME SUBGRADE SAC STREET INDUSTRIAl ARTERIAL ARTERIAL ARTERIAL R-VALUE AC AB AC AB AC AB AC AB Ac· AB AC AB AC AB 8 4 7 4 13 4 15 10 4 5 4 18 5 18 6 18 12 4 6 4 12 4 14 14 4 17 5 17 6 17 16 4 4 4 II 4 13 5 16 6 16 18 4 5 4 16 f-- 20 4 10 4 ·.1.2 4 15 5 15 6 15 f-- 22 6 14 r- 24 4 4 4 9 4 II 4 14 5 14 f-- 26 5 13 6 13 r- 28 4 8 4 10 4 13 f-- 30 5 12 6 12 -32 4 7 4 9 4 12 6 II -34 4 II 5 II -36 4 6 4 8 6 10 -38 4 10 5 10 6 9 1---- 40 4 7 5 9 42 4 9 6 8 1---44 4 6 5 8 1--- 46 4 8 6 7 r- 48 5 7 6 6 1---50 4 7· 5 6 52 1---54 4 6 ~ I . SOILS HAVING R VALUES LESS THAN 12 SHALL BE RETESTED FOR LIME STABILIZATION, THE CORRESPONDING STRUCTURAL SECTION DETERMINED, AND %LIME ESTABLISHED. 2. A.B. = ALL AGGREGRATE BASE MATERIALS SHALL BE CLASS I I PER CAL-TRANS SECTION 26-1 .02B OR CMB PER SECTION 200-2.4,SSPWC. 3. THE BOTTOM FIGURES LISTED ARE THE MINIMUM PERMITTED. 4. TOP 12" OF SUB-GRADE TO BE 95% COMPACTION. 5. PAVING SHALL BE DONE IN A MINIMUM OF nNO LIFTS WITH THE SURFACE COURSE DONE JUST PRIOR TO OCCUPANCY. 6. POTABLE AND RECLAIMED WATER AND GAS,AND VALVE BOXES SHALL BE RAISED TO GRADE OR MADE ACCESSIBLE AT EACH PAVING LIFT AS APPROVED BY THE C I TV ENGINEER . REV. APPROVED IDATE ClTY OF CARLSBAD ' ~.W.Jk 'l-2o-1~ STRUCTURAL SECTION an(...!..,., ur-r-.. DATE OF STREETS AND ALLEYS SUPPLEMENTAL GS 17 STANDARD NO. - • • • 4) A 52-foot wide curb-to-curb industrial street and !II of the following conditions are met: a) The length of street does not exceed one-half mile. b) Trame volume at entrance does not exceed 3000 AOT. c) The net buildable lot area served by the street does not exceed 25 acres. D. Minimum length of tangent between reversing curve shall be 1 00'. A lesser length may be used for local streets or hillside streets with the approval of the City Engineer. E. All corner returns for local and residential collector streets shall have a minimum 20' property line radius; arterial streets sliall have a minimum property line radius of 25'. Arterial streets may require special design. 4. STRUCTURAL SECTION A. Design shall be in accordance with the California Department of Transportation Highway Design Manual. B. The preliminary design structural section shall be based upon recommendations contained in the preliminary soils report. Verification tests and core samples are required. When sub-grade Is exposed, specific •A" value tests shall be performed in accordance with Caltest 301 by a qualified soils laboratory at a frequency approved by the City. If recommendations are less than the minimum thickness for the proposed roadway, the City's minimum standard structural section shall be used. In either case, the City Engineer shall review the "A" value tests and approve the recommendations for thickness of the structural section prior to placement of base and ·asphaltic concrete pavement. Sub-grade samples having A-values less than 12 shall be rerun using quick lime and both the non-treated and treated samples shall be submitted for review and approval. Percent lime for A-value tests will be determined by ASTM C9n appendix. The sulphate content of the soil to be treated will be determined by Caltest 417 and reported.· Caltrans form TL-361 shall be submitted with structural section submittal. The minimum lime treated subgrade thickness shall be a•. Compaction requirements shall be in accordance with Section 301-5.7, SSPWC. The soils engineer shall supervise and provide quality control during the soil stabilization process in accordance with State of the Art Report 5. Ume Stabilization, of the Transportation Research Board, National Research Council. C. Extend aggregate base of roadway under curb/gutter to 6" behind back of curb. Thickness of aggregate base shall be the same as the approved structural section to a maximum of a•. 5. CURBS A. Use s• curb face with 18" gutter (SDRSD G-2, Type "G") unless 8" is required to handle drainage. The use of roll-type curb is discouraged . 7 REAL PROPERTY IMPROVEMENT AND USE AGl_WEMENT · MCCLELLAN-PALOMAR AIRPORT CARLSBAD, CALIFORNIA This Real Property Improvement and Use Agreement ("Agreement") is made and entered into as of Jan 11 a qr 1 2 , 2 a a a ("Effective Date"), by and between 1HE COUNTY OF SAN DIEGO, a political subdivision of the State of California ("County"), and MSGW California II, L.L.C. (11MSGW"), with reference to the following facts: RECITALS A. County owns a strip of land parallel to, and immediately west at: Orion Street in the City of Carlsbad (the "City"), as further described in Exhibit "A," attached hereto (the "County Property"). B. MSGW is developing a parcel of property it owns as depicted on Exhibit "F", attached hereto (the "MSGW Property"), also in the City and located immediately west of the County Property. C. As part of its development approvals of the MSGW Property, the City is requiring MSGW to widen a portion of the western half of Orion Street by an additional 12 feet, and to use Orion Street for access to the MSGW Property. D. MSGW wishes to pay County to grant to MSGW and to the City the legal rights in the Councyts Property necessary for MSGW to (i) widen a portion of the western half of Orion Street by 12 feet onto the County Property (the "Road Widening Strip"), (ii) install a driveway (the ''Driveway11) providing access and utility connections from the MSGW Property to Orion Street, (iii) develop and maintain landscaping on the County Property located between the Road Widening Strip and the MSGW Property (the "Landscape Strip"), (iv) construct a drainage structure south of the Driveway, and (v) grant, subject to prior written approval by County, limited easements within the Landscape Strip for purposes of installing electrical vaults and lines thereto and other similar equipment pertaining to MSGW's development of its property. E. In consideration of (i) the payment from MSGW specified in this Agreement, and (ii) MSGWs agreement to install and maintain landscaping in accordance with City standards on the Landscape Strip, County is willing to grant the legal rights to MSGW and the City which will allow MSGW to widen Orion Street onto the Road Widening Strip, to install the Driveway, and to install the drainage structure. NOW, TIIEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and MSGW agree as follows: 1. Installation of Road on Road Widening Strip. Following receipt of the Total Payment described in Section 5, "Payment," below, County shall grant an easement over the Road Widening Strip to the City ("Orion Street Road Easement") in the form of the Grant ofRoad Easement attached hereto as Exhibit "B," to allow MSGW to construct a roadway thereon so as to widen Orion Street onto the Road Widening Strip in accordance with the plans and specifications provided by the City. 1 2. Installation ofDriveway. Following receipt of the Total Payment described in Section 5, "Payment," below, County shall grant an easement to MSGW ("Driveway Easement"), in the form of the Grant ofDriveway Easement attached hereto as Exhibit "C," which will allow MSGW to install the Driveway and all necessary drainage facilities, utility connections and related equipment to the MSGW Property. Such easement shall be appurtenant to the MSGW Property and, with County's prior reasonable written consent, shall be fully assignable by MSGW to the property owners' association governing the MSGW Property and, upon such assignment, and assumption by such property owners' association of all the obligations thereof, MSGW shall be released from any and all further obligation or liability under such easement 3. Installation ofDrainage Structure. Following receipt of the Total Payment described in Section 5, "Payment," below, County shall grant an easement to the City ('Drainage Easement"), in the form of the Grant of Drainage Easement attached hereto as Exhibit ''D," for the construction and maintenance of a drainage structure southerly of the Driveway Easement. 4. Grant of Access and Landscape Easement Over the Landscape Strip from County to MSGW. Following receipt by County of the Total Payment descnbed in Section 5, "Payment," below, County shall grant an easement to MSGW over the Landscape Strip ("Landscape Easement"), in the form of the Grant of Landscape Easement attached hereto as Exhibit "E.'' The purposes of the Landscape Easement shall be to provide MSGW with access to the Landscape Strip to prepare the Landscape Strip by grading, planting and maintaining landscaping and irrigation in accordance with the requirements and specifications of the City and to install electrical vaults and lines related to the utilities servicing the MSGW Property. Such easement shall be appurtenant to the MSGW Property, and, with County's prior reasonable written consent, shall be fully assignable by MSGW to the property owners' association governing the MSGW Property and upon such assignment, and assumption by such property owners' association of all the obligations thereof, MSGW shall be released from any and all :further obligation or liability under such easement. · 5. Payment. For the grant of the Orion Street Road Easement, the Driveway Easement, the Landscape Easement and the Drainage Easement, MSGW shall pay to County, in advance, the following Total Payment: Orion Street Road Easement Driveway Easement Landscape Easement Drainage Easement Total Payment: $19,000 $34,000 $35,000 $ 0 $88,000 6. Permits From City. Prior to performing any of the initial construction and equipment installation work ("Work") on the Landscape Strip, including but not limited to grading, irrigation systems, and drainage systems, or on the Road Widening Strip, the Driveway or the Drainage Easement, MSGW shall secure the written order or consent for the Work from the City and approval of plans by County. To the extent any such order or consent is required for the Work, this Agreement shall be suspended in operation until such order or consent and approval is obtained. 7. Access. MSGW shall in no way allow the Work or its use of the Landscape Easement, the Orion Street Road Easement, the Driveway Easement or the Drainage Easement to 2 obstruct the flow of vehicul(l.f traffic on Orion Street or impede al.."ess to any other County property. 8. Drainage. The Work shall not interfere with any patterns of established drainage on or adjacent to the Landscape Easement, except as may otherwise be approved by County in writing. 9. Maintenance. MSGW, at its sole cost, shall install and maintain landscaping, in accordance with the landscape plans submitted by MSGW to, and approved by, the City and covering the Landscape Strip. Should MSGW fail to maintain the landscaping in accordance with such specifications, the County may have the work performed and charge MSGW for the costs thereof 10. Insurance. MSGW shall provide and maintain, for so long, and at any time, as it enters onto the Landscape Strip, and for such other period as may be required herein, at its sole expense, insurance in the amounts and form specified as follows: A Liability Insurance. MSGW shall procure either Comprehensive General Liability insurance or Commercial General Liability insurance applying to its use of the Landscape Strip or any part thereof, or any areas adjacent thereto, in the amounts and form set forth below: (1) Comprehensive General Liability Insurance. A policy of Comprehensive General Liability Insurance which provides limits of: (a) Combined Single Limit per occurrence: (b) Fire Damage Limit (Any One Fire): (c) Medical Expense (Any One Person): $1,000,000 $ 300,000 $ 5,000 (2) Commercial General Liability Insurance. A policy of Commercial General Liability Insurance which provides limits of: (a) Per Occurrence: (b) General Aggregate: (c) Products/Completed Operations: (d) Personal & Advertising Injury Limit: (e) Fire Damage Limit (Any One Fire): (f) Medical Expense Limit (Any One Person): $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 $ 5,000 (3) Required Liability Policy Coverage. Any liability policy provided by MSGW hereunder shall contain the following coverage: (a) Premises and Operations (b) Products/Completed Operations (c) Contractual Liability expressly including liability assumed under this Agreement. (d) Personal Injury Liability (e) Independent Contractors' Liability (f) Severability of Interest clause providing that the coverage applies separately to 3 each insm..;;;d, except with respect to the limits ofli(l.utlity, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds. ( 4) Additional Insured Endorsement. Any general liability policy provided by MSGW hereunder shall contain an endorsement which applies its coverage to the County, the members of the Board of Supervisors of the County, and the officers, agents, employees and volunteers of the County, individually and collectively, as additional insureds. ( 5) Primruy Insurance Endorsement. The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the County, the members of the Board of Supervisors of the County, or its officers, agents, employees and volunteers, or any County self.. :funded program, shall be excess only and not contributing with such coverage. (6) Form ofLiabilityinsurance Policies. All liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by MSGW of that part of the indemnity agreement contained in this Agreement relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, County may require additional coverage to be purchased by MSGW to restore the required limits. MSGW may combine primary, umbrella and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement described below. B. Comprehensive Automobile Liability Insurance. MSGW shall procure Comprehensive Liability Insurance, applying to its use and occupancy of the Landscape Strip and the business operated by MSGW or any other occupant on the Landscape Strip. Such policy shall be written for bodily injury, including death, and property damage, however occasioned, occurring during the policy term, in the amount of not less than One Million Dollars ($1,000,000), combined single limit per occurrence, applicable to all owned, non-owned and hired vehicles. C. Statutory Workers' Compensation and Employer's Liability Insurance. Unless MSGW is a sole proprietorship, MSGW shall maintain a policy of California Workers' Compensation coverage in statutory amount and Employers' Liability coverage for no less than One Million Dollars ($1,000,000) per occurrence for all employees ofMSGW engaged in services or operations under this Agreement. Coverage shall include Waiver of Subrogation endorsement, copy provided to County. D. General Provisions. (1) Evidence ofinsurance. MSGW shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than ten (1 0) days prior to the Effective Date, deliver to County certified copies of the actual insurance policies specified herein, together with appropriate separate endorsements thereto, evidencing that MSGW has obtained such coverage for the period of the Agreement Thereafter, copies of renewal policies, and appropriate separate endorsements thereof, shall be delivered to County within thirty (30) days 4 prior to the expiration of the ~~rm of any policy required herein. MSC. n' shall permit County at all reasonable times to inspect any policies of insurance ofMSGW which MSGW has not delivered to County. (2) Claims Made Coverage If coverage is written on a "claims made" basis, the policy shall clearly state so. In addition to the coverage requirements specified above, such policy shall provide that: (a) The policy retroactive date coincides with or precedes MSGWs entry onto the Landscape Strip (including subsequent policies purchased as renewals or replacements). (b) MSGW will make every effort to maintain similar insurance during the required extended period of coverage following expiration of this Agreement, including the requirement of adding all additional insureds. (c) If insurance is terminated for any reason, MSGW shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Agreement. (d) The policy allows for reporting of circumstances or incidents that might give rise to future claims. (3) Failure to Obtain or Maintain Insurance: County's Remedies. MSGWs failure to procure the insurance specified herein, or failure to deliver certified copies and appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, and after MSGW' s receipt of ten (1 0) days prior written notice from County of such failure and MSGW' s failure to correct same or commence and diligently prosecute correction thereof, shall constitute a material breach of the Agreement, and County may, at its option, terminate the Agreement for any such default by MSGW. · (4) No Limitation of Obligations. The foregoing requirements as to the types and limits of insurance coverage to be maintained by MSGW, and any approval of said insurance by the County or its insurance consultant(s), are not intended to and shall not in any manner limit or qualifY the liabilities and obligations otherwise assumed by MSGW pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification. (5) Notice of Cancellation or Change of Coverage. All certificates of insurance provided by MSGW must evidence that the insurer providing the policy will give County thirty (30) days' written notice, at the address shown in the section of this Agreement entitled "Notices," below, in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. (6) QualifYing Insurers. All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department oflnsurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A, VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved in writing by County's Risk Manager. (7) Review of Coverage. County shall retain the right at any time to review the 5 coverage, form and amount vJ. insurance required herein and may requ.u-e MSGW to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. (8) Self-Insurance. MSGW may, with the prior written reasonable consent of County's Risk Manager, fulfill some or all or the insurance requirements contained in this Agreement under a plan of self-insurance. MSGW shall only be permitted to utilize such self-insurance, however, if, in the reasonable opinion of County's Risk Manager, MSGWs (i) net worth, and (ii) reserves for payment of claims of liability against MSGW, are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. MSGWs utilization of self-insurance shall not in any way limit liabilities assumed by MSGW under this Agreement. (9) Subcontractors' Insurance. MSGW shall require any subcontractor, and any sub- subcontractor entering any portion of the Landscape Strip to provide the insurance coverage described herein prior to entry onto the Landscape Strip. 11. Indemnification. County shall not be liable for, and MSGW shall defend, indemnify and hold County harmless from, any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to the Work covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence of MSGW or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County or its agents or employees. However, MSGW shall have no obligation to defend or indemnify County from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County or its agents or employees. 12. Hazardous Substances. MSGW shall be solely responsible for fully complying with all present or future rules, regulations, restrictions, ordinances, statutes, laws and orders of any governmental entity arising from contaminated soils, hazardous materials or environmental clean- up caused by MSGW, regardless of whether or not the obligation to comply is on the land owner. If any hazardous substance spills, leaks or is discharged onto the Landscape Strip by MSGW, MSGW shall immediately make all repairs necessary to prevent further spills, leaks or discharges and shall immediately clean up and promptly dispose of the spilled hazardous substance and any soil contaminated by the spill. IfMSGW fails to make the required repairs, to clean up the spill or to properly dispose of any contaminated soil, County may, after written notice to MSGW, take all steps County deems necessary to make the necessary repairs, to clean up the spill and to dispose of any contaminated soil. MSGW shall reimburse County for the cost of all repair and clean up work that the County does. MSGW shall reimburse County for this expense within thirty (30) days of receiving a bill for this work from County. MSGW shall be solely responsible for paying all fines, damages and penalties imposed by any governmental agency regarding the production, storage, distribution, processing, handling, disposing, spilling, leaking or discharging of any hazardous substance brought onto the Landscape Strip by MSGW. 13. Utilities. MSGW shall be responsible for securing and maintaining all required utility services to the Landscape Strip, and shall provide and pay for all initial utility deposits and fees needed to service the Landscape Strip, and for all utilities or services necessary for its use and 6 occupancy of the Landscape ..,trip, including but not limited to gas, wc~.cer and electricity. County shall not be liable for any reason for any loss, or damage resulting from an interruption of any of these services. 14. Notices. Notices given or to be given by County or MSGW to the other, shall be given in writing and shall be addressed as follows, or as County or MSGW may hereafter designate in written notice: TO: COUNTY OF SAN DIEGO Airports Director 1960 Joe Crosson Drive El Cajon, CA 92020 TO: MSGW CALIFORNIA II, L.L.C. Vice President 2030 Main Street Suite 310 Irvine, CA 92614 15. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. IN WITNESS WHEREOF, the parties hereto have executed this Real Property Improvement and Use Agreement as of the date and year first written above. 7 COUNTY OF SAN DIEGO ~ By: MILLER DIRECTOR OF GENERAL SERVICES Its: Its: AUTHORIZED REPRESENTATIVE LEGEND: t.ISGW PROPERTY 209-050-29 II COUNTY PROPERTY L-.J WEST OF ORION ST. ~ L.:..._:_:l ~ 1111 ROAD EASEMENT LANDSCAPE EASEMENT DRIVEWAY EASEMENT DRAINAGE EASEMENT ~ COSTA REAL. t.IWD ~· 209-050-19 SCALE: 1"=100' · COUNTY PROPERTY 209-050-25 EXHIJ?IT 11A11 THE COUNTY PROPERTY PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION COUNTY PROPERTY WEST OF ORION STREET That portion of Lot "B" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the Office of the County Recorder of said County, described as follows: BEGINNING at the Northeast corner of Parcel 2 of Parcel Map No. 13958 (PM 13958) , filed in the Office of the County Recorder of said County; thence South 78°42'57" East, 19.94 feet to the Westerly sideline of that certain easement for road and utility purposes described in Parcel No. 82-0001-B in deed to the City of Carlsbad recorded in the Office of the County Recorder of said County on June 30, 1982 as Document No. 82-201566; thence along said Westerly sideline South 11°17'14" West (North 10°46'15" East per said deed), 517.96 feet to the beginning of a tangent 374.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 54°45'22" a distance of 357.42 feet; thence tangent to said curve, South 43°28'08" East, 69.88 feet; thence leaving said sideline, South 46°31'52" West, 8.01 feet to an angle point in the Northeasterly boundary of Record of Survey Map No. 7845 (ROS 7845) filed in said County Recorder's Office; thence along said boundary, North 73°12'57" West, 231.59 feet to the Easterly boundary of said Parcel 2 of PM 13958; thence along said Easterly boundary, North 11 °17'03" East, 848.09 feet to the POINT OF BEGINNING. 0:\PET _WRD\orionwest.doc EXHIBIT "A" THE COUNTY PROPERTY PAGE 2 OF 2 1 s.99.12.09.1 0.53.00.111 WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: MSGW California II, L.L.C. c/o Todd Brody 515 S. Flower St. #11 00 Los Angeles, CA 90071 5072 DOC # 2000-0018492 Jan 1 ry ~. 2000 2:1.7 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: Nil PM lll1 '""JliiB SPACE ABOV!: ~v" "~~-. ·-2..Y ___ _ TRANSFER TAX DUE 8- Assessor's Parcel --'--- No.: 209·050-25 GRANT OF DRIVEWAY EASEMENT Project: ORION ST./MSGW W.O. No.: TA5165 Parcel No.: 99-0263-B Log No.: 9601-09 MDT: AEF THE COUNTY OF SAN DIEGO, a political subdivision of the State of CaUfornia hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the MSGW California II, L.L.C., hereinafter called GRANTEE, the right-of-way and incidents thereto for access road and utility purposes upon, through, under, over and across that certain real property in the County of San Diego, State of California, described as follows: Parcel No. 99·0263-B (11-22-99) (ENG:PET:pet) That portion of Lot •s• of RANCHO AGUA HEDIONDA. in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the Office of the County Recorder of said County, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. Exhibit •s• consisting of one page is attached for clarity only. Subject to the terms and conditions set forth in that Real Property Improvement And Use Agreement dated January 14, 2000 between MSGW California II, L.L.C. and County of San Diego, this Driveway Easement shall be appurtenant to Grantee's property, shown as A.P.N. 209-050-29 on Exhibit "C" (Property), and shall be assignable by Grantee to the property owners' association governing the Property. RESERVING THEREFROM the following rights and privileges: 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan-Palomar Airport. 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending Into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. I D:\PET _ WRD\99026-Jbl.doc s.-99.12.11 .13.2l.fJOJi '5073 99-0263-B 3. The right to require Grantee, at Grantee's sole cost and expense, to remove, raze or destroy those portions of buildings, other structures and land infringing upon or extending into said McClellan-Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 4 The right to require Grantee, at Grantee's sole cost and expense, to mark and light as obstructions to air navigation, any and all structures, trees or other objects that may at any time project or extend above said surface. 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes. Executed this 1 2 t h day of_..J:!.J2au.n¥.<~.~-------------·f& 2000 . STATE OF CALIFORNIA COUNTY OF SAN DIEGO } ss THE COUNTY OF S~ A. MILLER, Director ent of General Services On I hz.Jt,voo , before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said County1and State, personally appeared JOHN A. MILLER, Director, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the County executed the same. WITNESS my hand and official seal. GREGORY J. SMITH, Assessor/Recorder/County Clerk By _ _f:::~:J... ... ,L.r=z-fo~~-~~~-- Deputy !A...J I L..l.-1 AYVI A ' YC! tJr; Name (typed or printed) 2 s.99.!l.l7.i:Ul.OO.ii 5074 EXHIBIT "A" Private Road and Public Utility Easement From the County of San Diego A.P.N. 209-050-25 99.0263·6 KMAA0003 Carlsbad Corporate Center All that portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 thereof, filed in the office of the County Recorder of said county November 16, 1896, described as follows: Commencing at the Northeasterly corner of Parcel 2, Parcel Map No. 13958, filed in the office of the County Recorder of said county on September 18, 1985 as File No. 85-344096; thence along the easterly line of said Parcel 2, South 11°17'03" West 761.38 feet to the Point of Beginning; thence leaving said easterly line, South 81°25'02" East, 39.02 feet to the begiuning of a tangent 121.00 foot radius curve, concave northerly; thence easterly along the arc of said curve through a central angle of 15°53'56" a distance of 33.58 feet to a point of compound curvature of a tangent 10.00 foot radius curve, concave northwesterly, a radial line through said point bears South 07°18 '58" East; thence northeasterly and northerly along the arc of said curve through a central angle of I 06°1 0' 57" a distance of 18.53 feet to the point of cusp of a tangent 386.00 foot radius curve, concave northeasterly, a radial line through said point bears South 66°30'05" West, said point also being a point on a curve which lies 12.00 feet southwesterly and concentric with the southwesterly sideline of that certain easement for road and utility purposes described in Parcel No. 82-0001-B in deed to the City of Carlsbad recorded in the office of the County Recorder of said county on June 30, 1982 as File No. 82-201566; thence southeasterly along the arc of said concentric curve through a central angle of l J048'36" a distance of 79.56 feet to the point of cusp of a tangent 10.00 foot radius curve, concave southerly, a radial line through said point bears North 54°41'29" East; thence leaving said concentric curve, westerly along the arc of said curve through a central angle of 71°20'12" a distance of 12.45 feet to a point of reverse curvature of a tangent 179.00 foot radius curve, concave northerly, a radial line through said point bears South 16°38'43" East; thence westerly along the arc of said curve through a central angle of 25°13'41" a distance of 78.82 feet; thence North 81"25'02" West, 41.75 feet to a point on the easterly line of said Parcel 2; thence along said easterly line, North ll0 17'03"East, 58.06 feet to the Point of Beginning. Containing an area of 6,201 square feet plus or minus. See plat attached hereto marked Exhibit "B" and by this reference thereto made a part hereof. P: \KMAAOOO 1 \docs\legals\accesmt. doc 0 SCALE 1" = 30' 30' 60' INC. '1616 HAZARD C~ lliUVE SUITE 880 SAN DIEGO, CA 92106 (619) 260-8420 99.0263.8 Ct) t/J a a 4:; 4:; e1 ' \ (j"l, I A.P.N. ~ 209-050-- SUBD!V!SION BOUNDARY A-P.N. 209-050-29 EXHIBIT "8" PRIVATE ROAD and PUBUC UTlUTY EASEMENT SDP 97-08(A); MS 98-11 fxr 12/10/99 17:41•01 fxr Pl\KMAAOOOl\ACAD\LEGLPLAT\Ac:c:esMt.clwg . .- WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: MSGW California II, L.L.C. c/o Todd Brody 515 S, Flower St. #1100 Los Angeles, CA 90071 5076 DOC # 2000-0018493 Jan 12, 7 OFFICIAL RECORDS SAN D !EGO COUNTY RECORDER'S OFfiCE GREGORY J. SMITH, COLIN TV ~:£CORDER FEES: 0.00 OC: NA ~~IJIII~~If/1~/1/~~~lll~lnllllll- 2000-0018493 SPACE ABOVE FOR RECORDER'S USE ONLY GRANT OF LANDSCAPE EASEMENT TRANSFER TAX DUE --"'--- Assessor's Parcel No.: 209-050-25 Project: ORION ST. FED/EX W.O. No.: TA5165 Parcel No.: 99-0263-A Log No.: 9601-09 MDT: AEF THE COUNTY OF SAN DIEGO, a political sut>division of the State of California Pl'1i hereinafter called GRANTOR(S}, do(es) heret>y grant, convey and dedicate to the MSGW California II, L.L.C., hereinafter called GRANTEE, the right-of-way and incidents thereto for landscaping purposes upon, through, under, over and across that certain real property in the County of San Diego, State of California, descrit>ed as follows: Parcel No. 99-0263-A (12-01-99) (ENG:PET:pet) That portion of Lot "B" of RANCHO AGUA HEDIONDA, in the City of Carlst>ad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the Office of the County Recorder of said County, more particularly described in Exhit>it "A" attached hereto and by this reference made a part hereof. Exhit>it "B" consisting of two pages is attached for clarity only. Subject to the terms and conditions set forth in that Real Property Improvement And Use Agreement dated January 14, 2000 between MSGW California II, L.L.C. and County of San Diego, this Landscape Easement shall be appurtenant to Grantee's property, shown as A.P.N. 209-050-29 on Exhibit "C" (Property), and shall be assignable by Grantee to the property owners' association governing the Property. RESERVING THEREFROM the following rights and privileges: 1. For the use and t>enefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan-Palomar Airport. 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. I s.99. i2.17.13.02..0Q vll 5077 99..0263-A 3. The right to require Grantee, at Grantee's sole cost and expense, to remove, raze or destroy those portions of buildings, other structures and land infringing upon or extending into said McClellan-Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 4 The right to require Grantee, at Grantee's sole cost and expense, to mark and light as obstructions to air navigation, any and all structures, trees or other objects that may at any time project or extend above said surface. 5. The right of ingress to and egress from •. and passage over the herein described easement, for the above purposes. Executed this ___ 12_th __ day of ___ J_a_n_u_a_r.;;;y _______________ , m< 20 0 0 . STATE OF CALIFORNIA COUNTY OF SAN DIEGO } 55 THE COUNTY OF SAN DIEGO, CA.~ • MILLER, Director ent of General Services On , before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said Count and State, personally appeared JOHN A. MILLER, Director, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the County executed the same. WITNESS my hand and official seal. GREGORY J. SMITH, Assessor/Recorder/County Clerk Deputy l\J U-\... t &v\ A ~uvc.. ' Name (typed or printed) 2 £.99, IZJ7.13.02,00. vii 5078 EXHIBIT "A" Landscape Parcel adjacent to Orion Street Right of Way From the County of San Diego A.P.N. 209-050-25 GWCAOOOI Fedex Carlsbad All that portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 thereof, filed in the office of the County Recorder of said county November 16, 1896, described as follows: Commencing at the northeasterly comer of Parcel 2, Parcel Map No. 13958, filed in the office of the County Recorder of said county on September 18, 1985 as File No. 85-344096; thence along the easterly line of said Parcel 2, South 11°1 7'03" West, 8.11 feet to the beginning of a non-tangent 23.00 foot radius curve, concave southwesterly, a radial line through said point bears North 41"24'09" East, said point also being the Point of Beginning; thence leaving said easterly line, southeasterly along the arc of said curve through a central angle o£27'46'49" a distance of I 1.15 feet to a point on a line which lies 12.00 feet westerly and parallel with the westerly sideline of that certain easement for road and utility purposes described in Parcel No. 82-0001-B in deed to the City of Carlsbad recorded in the office of the County Recorder of said county on Jnne 30, 1982 as File No. 82-201566; thence South 11'17'14" West (North 10"46' 15" East per said deed), 502.18 feet to the beginning of a tangent 386.00 foot radius curve, concave easterly, said curve being located 12.00 feet weaterly and concentric with said westerly sideline of said easement for road and utility purposes; thence southerly along the arc of said concentric curve through a central angle of 34°47'09" a distance of 234.35 feet to a point of compound curvature of a tangent 10.00 foot radius curve, concave northwesterly, a radial line through said point bears North 66"30'05" East; thence leaving said concentric curve, southerly, southwesterly and westerly along the arc of said 10.00 foot tddius curve through a central angle of !06°10'57" a distance of 18.53 feet to a point of compound curvature of a tangent 12 LOO foot radios curve, concave northerly, a radial through said point bears South 07"18'58" East; thence westerly along the arc of said curve through a ceniral angle of 15"53'56" a distance of 33.58 feet; thence North 81'25'02" West, 39.02 feet to a point on the easterly line of said Parcel 2; thence along said easterly line, North 11'17'03" East, 753.28 feet to the Point of beginning. Containing an area of 12,206 square feet plus or minus. See plat attached hereto marked Exhibit 'B' and by this reference thereto made a part hereof. P:\GWCAOOOl\docs\[egals\ldscesmldoc - - 5079 ~I ~I ~I ;_CS I AVENUE ~~~ POINT OF COI.1MENCEMENT NORTHEASTERLY CORNER PAR. 2, P.M. NO. 13958 s 1 f17'03" w 8.11' POINT (Jr BEGINNING / c;} l=11.15' " R=23.00' ro t.Q 0) \;'\l \;'!) ~ 0 srALE ,._ 60. 0=2/46'49" 12.00' A.P.N. 209-050-29 ~I I z 0 -0::: 0 --0 60' 120' SEE SHEET NO. 2 DAVID EVANS AND ASSOCIATES, INC. 7676 HAZARD CENTER D~ SUITE 880 SAN DlmO, CA. 92106 (619) 260-8420 H.0.8. G ·J B 1 A.P.N. 209-050-25 SHEET 1 OF 2 EXHIBIT "8" LANDSCAPE PARCEL adjacent to ORION STREET RIGHT OF WAY SOP 97-MS 98-11 rMMO 12/09/99 18117155 rMMO PI\GW'CAOOOl\ACAD\LEGLPLAT\CSDREMl.DW'G <- .• . < .... • .. ,~ ... t) ,.,.,, ,, I \ SEE ~1 0 ~ 2 ~ 0... ~ --=-. N 81"25'02" W ..-:::-o~--" 39.02' SHEET EXIsnNG 48' · WIDE ESMT. FOR ROAD AND UTIU'TY PURPOSES RECORDED 6/30/82 AS DOC. NO. 82-201566, O.R. 99 90 2 63 .A SCALE 1•• 60' -- _18'58~ (R) ~ ""' ,.--...... ,.-/ 0 ' --60' D=106'10'57" R=10.00' L=18.53' 120' SUBDIVISION BOUNDARY -- ruruRE PRIV. AccESs AND PUBLIC UTIL ESt.4'T. I I ' \ \ ~, /' ()~~.,.' -· -209-050-25 9 -J n 7 ' 0 PO .rl 8 7 B .4 5 A.P.N. 209-050-19 DAVID EVANS AND ASSOCIATES, INC. 7676 HAZARD CENTER D~ sum: 880 SAN DIEGO, CA. 92108 (619) 260-3420 SHEET 2 OF 2 EXHIBIT •a• LANDSCAPEPARCELad~centto ORION STREET RIGHT OF WAY SDP 97-08(A); MS 98-11 rMT"'O 12/09/99 1811618S rT"'MO P1\G'w'CA0001 \ACAD\LEGLPLAT\CSDREM2.D'w'G c LAW OFFICES OF PAUL. HASTINGS. JANOPSKY & WALKER LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 600 PEACHTREE ST., N.E:., STE. 2400 ATLANTA, GEORGIA 30308-2222 TELEPHONE (404) 815-2400 TOWER 42 25 OLD BROAD STREET LONDON EC2N IHO TELEPHONE 44 (171) 562-4000 SSS SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90071-2371 TELEPHONE (213) 683-6000 399 PARK AVENUE NEW YORK, NEW YORK 10022-4697 TELEPHONE (212) 318-6000 WRITER'S DIRECT ACCESS (714) 668-6236 jfsimonis@phjw.com Mr. Clyde Wickham City Engineer City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009-1576 695 TOWN CENTER DRIVE COSTA MESA, CALIFORNIA 92626-1924 TELEPHONE 1714} 668-6200 FACSIMILE (714} 979-1921 INTERNET WWW.phjW.COffi ROBERT P, HASTINGS {1910-1996) COUNSEL LEE G. PAUL LEONARD S . .JANOFSKY CHARLES M. WALKER November 10, 1999 Re: Carlsbad Corporate Center CC&R's Dear Mr. Clyde: 345 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94104-2635 TELEPHONE {415) 835-1600 JOSS WASHINGTON BOULEVARD STAMFORD, CONNECTICUT 06901-2217 TELEPHONE (203) 961.:,7400 ARK MORI BUILDING 12-32, AKASAKA 1-CHOME MINATO-KU, TOKYO 107, JAPAN TELEPHONE (03) 3586-4711 1299 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D.C. 20004-2400 TELEPHONE (202) 508-9500 OUR FILE NO. 31077.98715 Attached please find proposed changed pages to the Declaration of Covenants, Conditions, and Restrictions for Carlsbad Corporate Center which I sent to you on Monday. The changed pages have been marked to show a few minor clarifications requested by Federal Express. Please feel free to call me if you have any questions or comments regarding these changes or the CC&R's I previously forwarded to you. JFS:pmd Enclosures cc: Mr. John Dobrott VIA FACSIMILE OC/170425.1 for PAUL, Very truly yours, ~~ Jo F. Simonis TINGS, JANOFSKY & WALKER LLP OCT 19 '99 12:56 T0-##07955#17604380894 P A U L , H A S T I r-· ·~ S , ...,,,, jANOFSKV FROH·PHJW OC WALJ<Eil LL~ T-264 P.01/04 F-545 A UMIT&O LWIIUTI' PAATNEIUIHIP INCI.LJPINB Plt~IONAI. COitPOitATIONS To: NAME Van Lynch SEVENTEENTH FLOOR 695 TOWN CENTER DRIVE COSTA MfSA, CALIFORNIA 92020·1924 TELEPHONE: (714) 668-6200 FACSIMILE: (714) 979-1921 CONFIDENTIAL _x_ RUSH_x_ COMPANY FAX NO. City of Carlsbad 760 438-0894 FROM: John F. Simonis, Esq. DATe: October 19, 1999 DIRECT DlAL#: (714) 668-6236 CC: Bob Wojcik Rich Rudolf, Esq. Jane Mobaldi, Esq. John Dobrott FAX: 760 431-5769 FAX: 760 434-8367 FAX: 760 434-8367 FAX: 949 260-1925 PHONE NO. 760 438-1161 II JFS2 ~ CYM55· CLieNT NAMe: MSGW/Carlsbad Corporate Center CLIENT#: 31077.98715 FAX OPERATOR: CC&R's Total number of pages, Including this cover sheet: ..A_ IF YOU DO NOT RECEIVE ALL PAGES. PLEASs CALL IMMsDIATELY FACSIMILE CENTER: (714) 668-6515 ORIGINAL WILL FOLLOW VIA: --~~~------DATE: ~----liME: OCT 19PM12:5f; • ------· ,......, ~· Cit ·""""" '-' of Carlsbad r-~/(~ ' i ·: ' September 9, 1999 r/2e:>~ ~ v~TE4.. ~ ~ ~...,.v c:::-# Fe .17£ /C ~..-d cJ.-rde, Larry Walton DAVID EVANS & ASSOCIATES Fax No. (619) 260-3428 SOP 97 -OSA -FEDERAL EXPRESS This is to confirm our conversation that I have agreed to allow the bonds and agreements that you presently have for the design and improvements of Orion Way to be sufficient for City use prior to you obtaining your grading permit. This is in lieu of having the plans for those improvements completed. As you requested, I am faxing this letter to you for your records and for any future submittals with the City. Sincerely, ~~~ ROBERT J. WOJCIK, P.E. Deputy City Engineer, Land Development Division RJW:jb 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 431-5769 (!) September 15, 1999 Mr. Bob Wojcik City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009 Re: FedEx Carlsbad/Carlsbad Corporate Center SDP 97-08(A); Dwg. No. 381-2A and 381-2 Dear Bob: 2030 /J:ttlsm~t. SuitdJO Irvin~. California 92614 ftl: (949) 260-1900 Fax: (949) 260-1925 701 Palomar Airport Road Third Floor Carlsbad, California 92009 Tel: (760) 931-4736 Fax: (760) 931-4850 This letter serves as the commitment on behalf of MSGW California II, L.L.C. to complete all off-site public and private improvements adjacent to and easterly of the easterly boundary of the above referenced project, as shown on said drawings. The construction of these improvements to Orion Street, the public storm drain, and the 38' wide private access drive to Orion have been secured by the posting of bonds and agreements filed with the City of Carlsbad. We will continue our diligent effort to acquire land rights and/or a letter of permission from the County of San Diego as landowner. Upon receipt of this documentation, we will immediately commence with off-site construction. Sincerely, MSGW California II, L.L.C. Vice President/ Authorized Representative RECEIVED cc: Larry Walton Clyde Wickham Gale & Wentworth Corporate Services, Inc. • Gale & Wentworth Property Group, LLC Gale & Wentworth Construction Services, LLC • Gale & Wentworth &al Esta~ Advisors, LLC Web Site http://www.gakwmt.com • Email: injo@gakwent.com Unlimited SEP 1 5 1999 ~~r-~w;:\~EERir~c~ DEPAfHMENT