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HomeMy WebLinkAbout3492; Cabrillo Power I LLC; 2014-0306554; EasementDOCtt 20 4-030G554 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT JUL 22. 2014 11:59 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES 0.00 WAYS; 2 OC: NA PAGES: lllllllllll The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 210-010-46, 45 &42 Project ID: 3492 Related Project ID Project Name: Agua Hedionda Sewer Lift Station & Force Main Replacement SEWER EASEMENT AGREEMENT FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, CABRILLO POWER I LLC, a California Limited Liability Corporation ("GRANTOR"), the owner of the real property described herein, located in the City of Carlsbad, San Diego County California hereby GFiANTS to City of Carlsbad, a chartered Municipal Corporation, and City of Vista, a chartered Municipal Corporation (collectively, "GRANTEE"), a non-exclusive sewer easement in, on, over and through Grantor's real property in the City of Carlsbad, County of San Diego, State of California, in the locations more particularly described in Exhibit A attached hereto and incorporated herein (the "Easement"), as depicted for reference only in Exhibit B. for the purposes and upon the terms and conditions set forth below: A. EASEMENT PARCELS A-1 & A-2: 1. SEWER LIFT STATION, PIPELINES, AND APPURTENANT FACILITIES: Easement Parcels A-1 and A-2 granted herein (the "Lift Station Easement") are granted for the following purposes: the construction, operation, maintenance, repair, reconstruction and all related activities necessary to construct, reconstruct, operate, maintain, and repair facilities designed for the general purpose of collecting and transporting wastewater flowing into and through said facilities, and structures of any kind, whether above or below the surface of the ground (collectively, the "Lift Station Facilities"). 2. Examples of Lift Station Facilities include gravity sewer pipelines, pumping facilities, sewer force mains, odor control treatment facilities, chemical storage, structures designed to screen or grind wastewater, structures designed to enclose emergency electrical generators and all other facilities, water and recycled water pipelines, conduits and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage, including, but not limited to, erosion control facilities, storm water treatment devices, fences, gates, doors, locking devices, alarms, lights, and other protective facilities and devices. Grantee may also re-vegetate or create native habitat on the Lift Station Easement as required by Coastal Development Permit No. 6-12-003 and other necessary City, State or Federal permits 33 1 issued for this facility. Grantee's use of the Lift Station Easement shall also include a means of pedestrian and vehicular access to and from said Lift Station Facilities through the Easement area, for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said Lift Station Facilities. 3. The uses of the Lift Station Easement surface shall be exclusive to Grantee and its agents. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built, nor trees planted within this portion of the Easement that would be incompatible with Grantee's use of the Lift Station Facilities; nor may the Lift Station Easement be used by Grantor or any other person or entity, including other utilities, whether public or private, for uses incompatible with the uses described herein without the express written approval of Grantee 4. Furthermore, Grantee and Grantor acknowledge that Coastal Development Permit No. 6-12- 003 has been issued to the City of Carlsbad by the California Coastal Commission for the Lift Station Facility, and said permit conditions shall be attached to this Easement in perpetuity unless approved otherwise by the Executive Director of the San Diego Office of the Coastal Commission. B. EASEMENT PARCEL A-3: 1. SEWER PIPELINES: Easement Parcel A-3 granted herein (the "Pipeline Easement") shall be granted for the following purposes: the construction, operation, maintenance, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain, and repair subsurface pipelines and related subsurface facilities designed for the general purpose of collecting and transporting wastewater flowing into and through said pipelines and facilities (collectively, the "Sewer Pipelines," and together with the Lift Station Facilities, the "Sewer Facilities"). Said Sewer Pipelines are located as shown on City of Carlsbad Drawing No. 467-8 and 138-8. City shall provide Cabrillo with copies of final design plans for the Sewer Facilities within 60 days following the effective date of this agreement. At least 90 days' in advance of the City's installation of the Sewer Facilities, City and Cabrillo shall meet and confer to coordinate their respective construction plans and schedules. The parties will make good faith efforts to resolve any conflicts as promptly and cooperatively as possible. 2. Said subsurface Sewer Pipelines may include gravity sewer pipelines, sewer force mains and other buried structures necessary to facilitate inspection and cleaning of said pipelines. The use of the Pipeline Easement shall also include a means of pedestrian and vehicular access along said Easement area for the purpose of constructing the Sewer Pipeline, and from time-to-time thereafter, operating, repairing, maintaining, inspecting and reconstructing said Sewer Pipelines. 3. The uses described herein shall be non-exclusive to Grantee. Grantor herein agrees that any buildings and/ or structures erected, walls constructed, fences built, trees planted, and any other surface and subsurface uses within the Easement area will be compatible with, and will not unreasonably restrict Grantee's ability to maintain, repair or replace Grantee's Sewer Pipelines. 4. Grantor explicitly reserves the right to operate vehicles on, over, along and across the Pipeline Easement area for Grantor's equipment deliveries and all other activities associated with construction, operation and maintenance of the CECP, including without limitation, equipment deliveries or activities on, over, along and across the Easement area that are anticipated to exceed the American Association of State Highway Transportation Officials ("AASHTO") HS-20 design loads. The Sewer Pipelines will be designed, constructed and installed in a manner that enables them to withstand loads that meet or exceed AASHTO HS-20 design loads. Grantor will take reasonable measures to protect the Sewer Pipelines from adverse impacts due to Grantor's equipment that exceeds /V^SHTO HS-20 design loads. C. Grantee agrees to provide Grantor with written notice at least 48 hours in advance of any construction, excavation and/or repair or maintenance work that Grantee intends to perform within the Easement area; except in an emergency, in which case. Grantee shall provide such notice to Grantor as 2 soon as reasonably possible within 24-hours thereafter. Grantor agrees that Grantee shall not be responsible for the repair or replacement of Grantor's above-ground improvements, situated within the Pipeline Easement that are affected by such work of the Grantee. Notwithstanding the foregoing, following any such construction, excavation and/or repair or maintenance work. Grantee shall restore the surface of the Easement to substantially the condition it was in before Grantee commenced such work, including repairing or replacing Grantor's roadway or pathway surfaces with standard roadway, driveway or pathway materials (for example, asphalt, concrete or gravel), as applicable, and replacing minor landscaping such as grass and low-growing shrubs damaged by Grantee's work. D. Notwithstanding anything to the contrary herein. Grantee expressly acknowledges that the Easement is situated on certain real property upon which Grantor intends, and has a California Energy Commission license to construct and operate the Carlsbad Energy Center Project (the "CECP"), an electric power generating facility; and Grantee shall make every effort to accommodate the construction and operation of the CECP in conjunction with Grantee's use of the Easement granted herein. Furthermore, Grantee explicitly acknowledges that Grantor has unfettered rights to utilize the Easement in any manner consistent with the rights granted herein, that does not unreasonably interfere with Grantee's ability to maintain and repair the Sewer Pipelines, as reasonably determined by Grantee; except as set forth to the contrary herein. E. LOCATION OF THE EASEMENT: As set forth above, the Easement granted herein shall be located within and upon that certain real property more particularly described in Exhibit A. Exhibit B is attached for clarity only. F. For the Initial construction and installation of the Sewer Facilities, the parties agree that Grantor will provide Grantee's contractor with a license to enter and use those certain portions of Grantor's Property necessary to construct and install the Sewer Facilities, substantially in the fomn of that certain Form of License Agreement attached as Exhibit C hereto, and incorporated by this reference. G. Grantee agrees to indemnify, defend, and hold harmless Grantor and Grantor's lenders, agents, employees and contractors harmless from and against any and all liens, claims, losses, liabilities, damages, costs, expenses, causes of action, fees (including without limitation attorney's fees) (collectively "Losses") arising out of any acts of Grantee or its contractors, agents, or employees pursuant to this agreement or attributable to Grantee's facilities in the Easement. H. Grantee agrees that if for any reason the Lift Station Easement and/or the Pipeline Easement is/are abandoned for a continuous period of one (1) year, then all rights granted herein shall revert to Grantor, its successors and assigns. Within 30 days prior to the termination of this agreement for any reason. Grantor may provide Grantee with written notice requesting that Grantee remove all above-ground facilities in the Lift Station Easement; whereupon Grantee shall have 180 days thereafter to remove any such facilities from Grantor's lands. Grantor hereby grants Grantee a license for the limited purpose of access to and from the Easement Area to remove Grantee's facilities therefrom for a period of 180 days following the termination of this Agreement. This provision shall survive the termination ofthis Agreement for a period of 180 days. [Signature page followsl IN WITNESS WHEREOF, this Sewer Easement Agreement has been executed by the parties as of the date hereof. GRANTOR Cabrillo Power I LLC, a California limited liability company Name: ^ lyAz) /^///zyyiJ Its: /•^Zf.^lJeyuy GRANTEE CITY OF VISTA, a chartered municipal corporation ATTEST: By Marci Kilian, City Clerk APPROVED AS TO FORM: Darold Pieper, CiWAttorney RISK MANAGEMENT REVIEW: Dolores Gascon, Risk Manager Bv:<::2I-y^. DATED A/4//y CITY OF CARLSBAD a chartered municipal corporation By: ^Y' Matt Hall, Mayor ATTEST: By: Barbara Engleson, City C APPROVED AS TO FORM: Celia A. BreweuCity Attorney 7^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^^^^^^ On ^jlLjlb.<9DA before me, ^/\IKAJ^~ personally appeared ^^^^ R^lA^ Here Insert Name and TitlJot the bfflcer Name{s) of Signer(s) MARCIA D. KILIAN CoffliniSflon # 2048899 NoUry Public - CalHof nia | who proved to me on the basis of satisfactory evidence to be the person($)- whose name(») is/sH=e subscribed to the within instrument and acknowledged to me that -te/she/they executed the same in liis/her/theif authorized capacity(ie9), and that by+iis/her/thttr signature(8) on the instrument the person(^, or the entity upon behalf of which the person(s^ acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Place Notary Seal Above Signature OPTIONAL - Signature of Irotary Pubiic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: J^^LV&^ SU^^rrOeA^ PnU£^nrDt4^- "^^^ Above: ^>^/f^, P l<UA.^' Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Number of PagesZ^I^^^ • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUiVIBPRINT OF SIGNER Top of thumb fiere igner Is Representing: Signer's Name:. • Individual • Corporate Officer -V'Tltle(s): • Partner — • Limited • General • Attorney in Fact ^ • Trustee • Guardian or Ofenservator • Other: _ RIGHTTHUIVIBPRINT OF SIGNER Top of tfiumb here Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-24o7« www.NationaiNotary.org item #5907 Reorder: CallToii-Free 1 -800-876-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of personally appeared before me, bate' I 1 " • 1 Hereilnsert Name ani jntip ol the Offk , 1 , 1 k Hereilnsert Name Name(s) of Signer(s) SHELLEY COLLINS Commission # 196211 Notary Public • California z San Oiego County i >^ Comm. Expires Dec 25,20151 ' • i • • • « Iil • • V • who proved to me on the basis of satisfagtory evidence to be the persorj^gf'whose namei^(^ilBfer subscribed to the within instrument and acknowledged to me that([Tii^pj=>e4l^y executed the same in '•• ir authorized capacity(ies)r and that by 5ir signatuca(et on the instrument the persontS)? or the entity upon behalf of which the person(s^cted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal Signature: OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Title or Type of Docur][ient Document Date: ^C^^^LAJO^ . LP^'ZOM NiAiber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: "^v^Jr ^X>N^ C V\ ^ W CJJV^ • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee ^-''''^ • Guardian or QMservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ,;f6p of tfiumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • Attorney in FacJ,-'"' • Trustee y'' • GiWdlan or Consen/ator • Other: RIGHT THUiVlBPRiNT OF SIGNER eneral Signer Is Representing: Top of ttiumb here D 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /f?/^ T^Z? yLsJ^ ) On J^^, l'^yt^/</ beforeme, personally appeared \Jo/lyi /^Az/Zfyyii Naira<s) of Signals) J M. BERGMAN ' \ COfi/IM. #2046489 z Nolary Public • California g Contra Costa County - Comrn. Expires Nov. 20,2017 f who proved to me on the basis of satls^ory evidence to be the per5on(s) whose name^ is/aw subscribed to the within instrument and acknowledged to me that he^he^they executed the same In his/her/their authorized capacity(te6), and that by his/het/their signature's) on the instrument the person(^, or the entity upon behalf of which the person's) acted, e)®cuted the instalment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary S<aal Abow Signature. OPTIONAL - y^ A^^h^n^. Signatu(|f of Notary A Notary PuUie Though the Informal below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachnmnt of this form fo anoittar document Description of Attached Document Title or Type of Document: .Tr-^^,^ j^Us^yyity}/ Document Dale:. . Number of Pages:. Signer(s) Ottier Than Named Above: Capacity(ies) Claimed by Signer's) iigner's Name: . [idivldual • Co^JQt^te Officer—Title(s): ' • Partner—^QJJmlted • General • Attomey in Fac^ • Trustee • Guardian or Conservator • Other:. filOH! •iiur,iDF'Ri-n 0= SIGtJLr! Ibp of thumb hei* ^ Signer's Name: • ^JHta^idual • Corporate Officer—Title(s): • Partner —^"QvUmited • Gdneral • Attorney In Fac^ • Trustee • Guardian or Conservator • Other:. Top pf thumb here 02007NallccialNotaiyAa80cUkin>9360DaSoloAii&,RO,6ox240Z>Ctialai«o^ Hsm«5S07 FtoaRierCal'RilH=i!Ml.80O«7&«8Z7 CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conveyed by the Acceptance of Easement Agreement dated June 6, 2014, from Cabrillo Power I LLC, a California Limited Liability Corporation to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, per City of Carlsbad Resolution No. 2014-151, adopted on June 24, 2014, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 17. 2014 SHELLEY Cp|_LINS, CMC Assistant City Clerk (SEAL) CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conveyed by the Acceptance of Easement Agreement dated June 6, 2014, from Cabrillo Power I LLC, a California Limited Liability Corporation to the City of Vista, California, a municipal corporation, is hereby accepted by the City Council of the City of Vista, California, per City of Vista City Council Resolution No. 2014- 110, adopted on June 24, 2014, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: July 21, 2014 Marci Kilian, MMC City Clerk, City of Vista (SEAL) EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT In the event of a conflict between the legal description of the Easement contained in this Exhibit A. and the depictions of the Easement set forth in Exhibit B hereof, the legal description of the Easement in this Exhibit A shall control. (See attached.) EXHIBIT 'A' EASEMENT LEGAL DESCRIPTION THOSE PORTIONS OF PARCELS 3 & 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067 & 2001-0789068, OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: PARCEL 'A-1': BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67°29'44" WEST (RECORD SOUTH 67°29'48" WEST PER PARCEL MAP 19380) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE POINT OF COMMENCEMENT; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD NORTH 22°30'16" WEST (RECORD NORTH 22°30'12" WEST PER PARCEL MAP 19380), 2,584.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 67°29'44" EAST, 35.25 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 03°20'54" WEST, 128.24 FEET; THENCE NORTH 23°ir21" EAST, 273.84 FEET; THENCE NORTH 30°00'00" WEST, 225.65 FEET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 79''19'59" WEST, 84.41 FEET TO A POINT HERINAFTER REFERRED TO AS POINT 'C; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79°19'59" WEST, 57.03 FEET; THENCE NORTH eg^lO'OI" WEST, 38.00 FEET; THENCE NORTH 40°47'01" WEST, 63.50 FEET; THENCE 30°30'59" WEST, 34.90 FEET; THENCE SOUTH 61''52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1 974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°17'15" EAST; THENCE ALONG SAID EASTERLY LINE SOUTH 22°30'16" EAST, 302.87 FEET TO THE BEGINNING OF A NON-TANGENT 1,005.37 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87°59'57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 36.75 FEET THROUGH CENTRAL ANGLE OF 02°05'40"; THENCE SOUTH 22°30'16" EAST, 293.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.381 ACRES, MORE OR LESS. PARCEL •A-2': BEGINNING AT POINT 'C DESCRIBED ABOVE IN PARCEL 'A-1', SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79°19'59" WEST, 57.03 FEET; THENCE NORTH 69°10'01" WEST, 38.00 FEET; THENCE NORTH 40°47'01" WEST, 63.50 FEET; THENCE 30°30'59" WEST, 34.90 FEET; THENCE SOUTH 61°52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°17'15" EAST; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE 25.17 FEET THROUGH A CENTRAL ANGLE OF 0°43'49"; THENCE LEAVING SAID EASTERLY LINE NORTH 67°57'23" EAST, 43.06 FEET; THENCE SOUTH 67°02'37" EAST, 140.64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.085 ACRES, MORE OR LESS. PARCEL 'A-3': BEGINNING AT POINT 'A' DESCRIBED ABOVE IN PARCEL 'A-1'; THENCE NORTH 67°29'44" EAST (RECORD NORTH 67°29'48" EAST PER PARCEL MAP 19380), 35.25 FEET; THENCE LEAVING SAID LINE NORTH 22*'30'16" WEST, 889.92 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22°30'16" WEST, 1694.09 FEET TO POINT 'B' DESCRIBED ABOVE AND A POINT ON THE SOUTHERLY LINE OF SAID PARCEL A-1; THENCE ALONG SAID SOUTHERLY LINE SOUTH 67°29'44" WEST, 30.00 FEET; THENCE LEAVING SAID LINE SOUTH 22°30'16" EAST, 1,696.75 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62°25'10" EAST (RECORD NORTH 62°25'13" EAST PER ROS 17350), 30.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS. EXHIBIT B DEPICTIONS OF THE EASEMENT The depictions in this Exhibit B are provided for reference purposes only, and shall not be relied upon as accurate descriptions of the Easement areas. In the event of a conflict between the depictions of the Easement contained in this Exhibit B, and the legal description of the Easement set forth in Exhibit A hereof, the legal description of the Easement shall control. (See attached.) EXHIBIT "B" EASEMENT PLAT SHEET 1 of 3 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983. ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVEY 17271. I.E. N40*39'21"W OWNER: SOUTHERN CALIFORNIA GAS COMPANY 1919 S STATE COLLEGE BLVD. ANAHEIM.CA 92806 PACIFIC OCEAN VICINITY MAP NO SCALE \ZZZZ INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ANDREW DATE PW5370 EXHIBIT "B' EASEMENT PLAT E 8 a SHEET 2 of 3 SDNR (FORMERLY ATCHISON. TOPEKA & SANTA FE RAILWAY) O^ SCALE: 1 = 200 P.O.C. T.P.O.B. INDICATES EASEMENT AREA POINT OF COMMENCEMENT TRUE POINT OF BEGINNING SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER, SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PW5370 EXHIBIT "B" EASEMENT PLAT PARCEL 3 PARCEL 'A-2' SHEET 3 of 3 S87-59'57"E (R) PT.'C &: T.P.O.B. PARCEL 'A-2' PARCEL 'A-1' Ul > \ZZZ SDNR (FORMERLY ATCHISON. TOPEKA & SANTA FE RAILWAY) BEARING/DELTA LENGTH RADIUS Ll N67*29'44"E 35.25' L2 N03*20'54"W 128.24' L3 N23'11'21"E 273.84' L4 N30-00'00"W 225.65' L5 S79-19'59"W 84.41' L6 S67-02'37"E 140.64' L7 N67-57'23"E 43.06 Cl 00*43'49" 25.17' 1974.99' L8 S22'30'16"E 302.87' C2 02"05'40" 36.75' 1005.37' L9 S22'30'16"E 293.12' LIO S79"19'59"W 57.03' Lll N69-10'01"W 38.00' L12 N40*47'01"W 63.50' L13 S30-30'59"W 34.90' L14 S6r52'54"W 14.22' PARCEL 'A-3' -0 SCALE: r = 200 INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PW5370 EXHIBIT C FORM OF LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of 201_ (the "Effective Date"), by and among Cabrillo Power I LLC, a Delaware limited liability company ("Cabrillo"), the City of Carlsbad, a municipal corporation, and the City of Vista, a chartered municipal corporation (together, the "City"), and IINSERT NAME OF CONTRACTOR AND ENTITY INFORMATION! ("Licensee"). RECITALS A. Cabrillo owns that certain real property located in the City of Carlsbad, County of San Diego, California in the location more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Cabrillo Parcel"), upon which an entity related to Cabrillo's sole owner operates the Encina Power Station (the "Existing Power Plant"), an electric power generating facility, and intends, and has obtained a California Energy Commission license, to construct and operate the Carlsbad Energy Center Project (the "New Power Plant"), another electric power generating facility. B. Cabrillo and City have entered into that certain Sewer Easement Agreement dated as of , 2014 and recorded on , as Instrument No. of the San Diego County Official Records (the "Easement Agreement"), pursuant to which Cabrillo has granted the City the right to construct, install, operate and maintain a sewer lift station, pipelines, and related facilities and appurtenances (the "Sewer Facilities") on that certain portion of the Cabrillo Parcel described in Exhibit B attached hereto and incorporated by this reference (the "Easement"). C. In the Easement Agreement, Cabrillo further agreed to enter into a license agreement with the City's sewer construction contractor (Licensee), in substantially the form of Exhibit C of the Easement Agreement, to facilitate the construction and installation of the Sewer Facilities. D. Cabrillo and the City desire for Cabrillo to grant to Licensee, and Licensee and the City desire for Licensee to accept from Cabrillo, a license to enter, construct and install the Sewer Facilities in the Easement, on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the premises described above, the promises set forth herein and in the Easement Agreement, and other good and valuable consideration the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. Cabrillo hereby grants to Licensee a license to (a) enter onto the Cabrillo Parcel for the purpose of constructing and installing the Sewer Facilities in the Easement; and (b) use for construction laydown and worker parking those certain portions of the Cabrillo Parcel delineated in Exhibit C attached hereto and incorporated by this reference (collectively, the "License"). Licensee shall enter and exit the Cabrillo Parcel from the secured access gate situated at IINSERT MAIN PLANT ADDRESSl unless mutually agreed upon othenwise, and from there. Licensee may access the Easement along those of the Cabrillo Parcel's existing roads and lanes that provide the most direct route to the Easement. 2. Term. The term of this License (the "Term") shall be for a period of time not to exceed 30 months, which shall commence as of , 201 _ (the "Commencement Date") and continue until , 201_ (the "Termination Date"). On or before the Termination Date, Licensee shall (a) remove all of Licensee's personal property, vehicles, and all other equipment employed to construct and install the Sewer Facilities in the Easement; and (b) restore the surface of the Cabrillo Parcel to substantially the same condition as existed prior to the commencement of Licensee's activities on the Exhibit C-1 Cabrillo Parcel. As of the Termination date, the License granted herein shall automatically expire and shall be of no further force and effect; and no further action shall be required to terminate this Agreement. 3. Covenants and Agreements of Licensee. In consideration of the grant of the License by Cabrillo, Licensee covenants and agrees as follows: a. The City has provided Licensee with a copy of the Easement Agreement, and Licensee agrees to comply with the terms thereof that are applicable to construction and installation of the Sewer Facilities, including without limitation, those in Sections B(4) and D thereof. b. Licensee expressly acknowledges that the Easement is situated on certain real property upon which Cabrillo operates the Existing Power Plant, and intends to construct and operate the New Power Plant; and during the Term, Licensee shall make every effort to accommodate the construction and operation of these power plants, as applicable. c. Licensee will design and construct all Sewer Facilities to be situated beneath any roads on the Cabrillo Parcel in a manner that will enable the Sewer Facilities to withstand loads that meet or exceed American Association of State Highway Transportation Officials ("AASHTO") HS-20 Loads. d. Licensee will comply with all of Cabrillo's rules for access to and use of the Existing and New Power Plant sites and related areas of the Cabrillo Parcel. 4. Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Cabrillo Parcel have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, written on an occurrence basis, including coverages for bodily injury liability, premises/operation, property damage, independent contractors; broad form contractual liability; mobile equipment, cross liabilities or separation of insureds, and no exclusions for XCU hazards, lighting or rigging exposures, or operations within 50 feet of a railroad; with per occurrence limits of not less than $1,000,000.00 per occurrence, and $2,000,000.00 in the aggregate. If the work or sen/ices are being rendered that involve crossing over or under a railroad track, the Licensee may be required to purchase a Railroad Protective Liability policy, with a limit of up to $5,000,000, if it is required by either Cabrillo or the owner of the railroad. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Cabrillo Parcel, and Employer's Liability coverage with limits of $1,000,000.00 per accident/per employee. If vehicles will be operated in, on, or about the Cabrillo Parcel by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $1,000,000.00, that will extend coverage to such Licensee Related Parties, and include coverage for owned, non-owned and hired vehicles. Licensee and Licensee Related Parties shall maintain Excess Liability insurance, with limits of $5,000,000.00 per occurrence, that sits in excess of Licensee's scheduled underlying Commercial General Liability, Automobile Liability and Employer's Liability insurance, on a following-form basis. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Cabrillo may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability, Automobile Liability and Excess Liability insurance policies shall be endorsed ("blanket" endorsements acceptable) to include Cabrillo, its affiliates, their respective agents, representatives, principals, employees, successors, assigns, officers, directors, members, managers, shareholders, partners, venturers, trustees, and representatives (collectively, "Cabrillo's Related Parties") and City as additional insureds. The Workers' Compensation policy shall contain a waiver of subrogation clause in favor of Cabrillo, Cabrillo Related Parties, and City. Cabrillo and City shall be given at least thirty (30) days prior written notice (by Licensee or Licensee's insurance agent or broker) of cancellation or nonrenewal of any policy required of Licensee Related Parties hereunder. A duly executed certificate of insurance with respect to each such policy shall be deposited with Cabrillo and City on or before the Commencement Date, and a duly executed certificate of insurance with respect to each subsequent policy renewal shall be deposited with Cabrillo and City at least five (5) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Cabrillo, Cabrillo Exhibit C-2 Related Parties, and City), not contributing with and not in excess of coverage which Cabrillo, Cabrillo's Related Parties, or City may carry, if any. In the event of any claim. Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. Licensee Related Parties hereby waive any right that Licensee, or any party claiming under Licensee, by subrogation or othenwise, may have against Cabrillo, Cabrillo's Related Parties, and/or City to recover for any insurable matter. To the extent permitted, under applicable law. Licensee Related Parties shall obtain, for each policy of insurance required to be obtained and maintained hereunder, and endorsement waiving the insurer's rights against Cabrillo, Cabrillo's Related Parties, and/or City for any such claim. The failure by Licensee to provide Cabrillo or City with Certificates of Insurance, or Cabrillo or City to insist upon Certificates of Insurance, shall not be deemed a waiver of any rights of Cabrillo Related Parties or City under this Access Agreement. The inclusions, coverage and limits set forth herein are minimum inclusions, coverage and limits, and shall not be construed as a limitation of Cabrillo Related Parties' or City's rights under the noted policies, or other policies being maintained by Licensee Related Parties. Licensee and Licensee Related Parties are responsible for determining what additional coverage, terms or limits are required to perfonn under this Agreement, even though those requirements may be in addition to, in excess of, the minimum requirements set forth herein Licensee shall leave the Cabrillo Parcel in substantially as good condition as when received by it. Licensee shall clean any debris or rubbish left by it on the Cabrillo Parcel. Any property of Licensee left on the Cabrillo Parcel after clean-up and removal has occurred shall be considered abandoned after five (5) days, and may be disposed of by the Cabrillo, at its discretion. Any reclamation costs, or costs associated with the disposal of debris or rubbish shall be the responsibility of Licensee. 5. Indemnitv. Licensee will indemnify, defend, and hold harmless Cabrillo and Cabrillo's lenders, agents, employees and subcontractors from and against any and all liens, claims, losses, liabilities, damages, costs, expenses, causes of action, fees (including without limitation attorney's fees) arising out of any acts of Licensee or its subcontractors, agents, or employees pursuant to this agreement. 6. General Provisions. a. Assignment: Successors and Assigns. Licensee shall not assign, transfer or convey its rights and/or obligations under this Agreement without the prior consent of both Cabrillo and the City. Except as restricted herein, this Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. b. Construction. This Agreement shall be construed simply, according to its plain meaning, and shall not be construed against the drafting party, as each party hereto has had the opportunity to have its counsel review this Agreement and negotiate the terms hereof. c. Severabilitv. If any term, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. The term, provisions, covenant or condition that is so invalidated, voided or held out to be unenforceable shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth herein. d. Waiver. Cabrillo's waiver of any breach of any provision hereunder by Licensee or the City, as applicable, shall not be deemed to be a waiver of any preceding or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. e. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of California, with venue for all purposes to be proper only in San Diego County, California. Exhibit C-3 f. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. g. Attornev's Fees. In any legal action, arbitration or other proceeding brought to enforce this Agreement, or due to any alleged dispute, breach, default or misrepresentation in connection herewith, the prevailing party shall be entitled to recover actual attorneys' fees (including fees for paraprofessionals and similar personnel and disbursements) and other costs it Incurred in that action or proceeding, in addition to any other relief to which it may be entitled. The parties agree that actual attorneys' fees shall be based upon the attorneys' fees actually incurred (based upon the attorneys' customary hourly billing rates) rather than the court's or arbitrator's independent determination as to the reasonableness thereof. h. Notice. All notices and demands that any party hereto may be required or desires to serve upon any other party under the terms of this Agreement shall be in writing and shall be served upon the other party by personal delivery, by certified or registered mail, postage prepaid, return receipt requested, or by nationally recognized overnight mail carrier (such as FedEx, Airborne) to the following street addresses: To Cabrillo: CABRILLO POWER I LLC c/o NRG Energy, Inc. P. O. Box 192 696 West 10th Street Pittsburg, California 94565 Attn: John Chillemi, President Telephone No.: 760-710-2137 Facsimile No.: 760-918-0310 With COPV to: NRG Energy, Inc. 211 Carnegie Center Princeton, New Jersey 08540 Attn: General Counsel Telephone No.: 925-427-3483 Facsimile No.: 760-918-0310 To Licensee: [INSERT LICENSEE NAME] [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No. Facsimile No.: With COPY to: [INSERT UCENSEE NAME] [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Exhibit C-4 Facsimile No.: To the Citv: City of Carlsbad [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Facsimile No.: City of Vista [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Facsimile No.: All notices given in the manner specified herein shall be effective upon the earlier of: immediately upon sending if delivered by email; or actual receipt thereof or refusal to accept delivery in the case of personal delivery; or receipt of facsimile confirmation statement, if sent by facsimile; or upon delivery, if delivered by a nationally recognized overnight mail carrier; or seventy-two (72) hours after deposit in the United States mail. Any party may change its address or designate a new street address for notices under this Agreement by notice complying with the terms of this Section. i. Entire Agreement; Amendment. This Agreement contains the entire understanding and agreement of the parties, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, or any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only be a written instrument executed by the parties hereto. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. [Signatures appear on the following page.] Exhibit C-5 IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date. CABRILLO: Cabrillo Power I LLC, a California limited liability company By:. Name:. Its: LICENSEE: [INSERT NAME], [INSERT ENTITY INFORMATION] By: Name: Its: CITY: CITY OF VISTA, a chartered municipal corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: Judy Ritter, Mayor By: Matt Hall, Mayor ATTEST: ATTEST: By: Marci Kilian, City Clerk By: Barbara Engleson, City Clerk APPROVED AS TO FORM: Darold Pieper, City Attorney APPROVED AS TO FORM: Celia A. Brewer, City Attorney By: By: RISK MANAGEMENT REVIEW: Dolores Gascon, Risk Manager Exhibit C-6 By: riNSERT LOCAL NOTARY ACKNOWLEDGMENTS! Exhibit C-7 EXHIBIT A TO EXHIBIT C OF SEWER EASEMENT AGREEMENT LEGAL DESCRIPTION OF THE CABRILLO PARCEL (See attached.) Exhibit C-8 EXHIBIT A LEGAL DESCRIPTION PARCEL 4: (APN 210-010-41 AND A PORTION OF 210-010-43) 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, 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 22O30M3" 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 6r25'37" 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''19'3T' BAST, 285.00 FEET; THENCE NORTH 88''07'37" BAST, 333.14 FEET; THENCE NORTH 8r53'37" EAST, 13.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY X1-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 evSV^S" WEST, 492.66 FEET; THENCE SOUTH 62''25T 13" WEST, 126.26 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WFTH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 14621. IN THB 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 1T2V22" 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''4r50" WEST. 83.42 FEET; THENCE SOUTH ITlViS" WEST. 90.04 FEET; THENCE SOUTH SS^IS'SO" WEST, 212.59 FEET; THENCE SOUTH 19°22'01" EAST, 108.34 FEET; THENCE SOUTH SO'Se'Se" EAST, 304.06 FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH O0''09'57" EAST, 123.11 FEET; THENCE SOUTH 26'53'37" EAST, 119.99 FEET; THENCE SOUTH 34''46'5r' 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''57'5r' WEST, 202.95 FEET; THENCE NORTH 30*14'20" WEST, 64.23 FEET; THENCE NORTH 64»3!'22" WEST, 293.59 FEET TO THE EASTERLY LINB OF THE 100.00 FOOT WIDE CARLSBAD BOULEVARD; THENCE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD SOUTH 24*0736" EAST, 913.18 FEET TO TRUE BEGB^INING 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''53M8"; THENCE LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEVARD NORTH 60''43'42" EAST, 103.71 FEET; THENCE NORTH 7r53'50" 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 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. EXCEPTING AND RESERVING THEREFROM THE RIGHT TO DEDICATE PORTIONS OF SAID PARCEL 4 TO THE CITY OF CARLSBAD, OR ASSIGNEE, FOR THE FOLLOWING: FIRST, AN EASEMENT FOR PUBLIC PARKING ACCESS ACROSS THAT PORTION OF PARCEL 4 DESCRIBED ON EXHIBIT L ATTACHED HERETO. SECOND, AN EASEMENT FOR PUBLIC STREET AND RIGHT-OF-WAY ACROSS THAT PORTION OF PARCEL 4 DESCRIBED ON EXHIBIT 0 ATTACHED HERETO. THIRD, AN EASEMENT FOR THE COASTAL RAIL TRAIL ACROSS THAT PORTION OF PARCEL 4 DESCRIBED ON EXHIBIT P ATTACHED HERETO, FOURTH, AN EASEMENT FOR THE AGUA HEDIONDA LIFT STATION ON THAT PORTION OF PARCEL 4 DESCRIBED ON EXHIBIT R ATTACHED HERETO. FIFTH, AN EASEMENT FOR THE VISTA-CARLSBAD INTERCEPTOR SEWER PIPELINE ACROSS THAT PORTION OF SAID PARCEL 4 DESCRIBED ON EXHIBIT S ATTACHED HERETO. EXHIBIT B TO EXHIBIT C OF SEWER EASEMENT AGREEMENT LEGAL DESCRIPTION AND DEPICTIONS OF THE EASEMENT (See attached.) Exhibit C-9 EXHIBIT 'A' EASEMENT LEGAL DESCRIPTION THOSE PORTIONS OF PARCELS 3 & 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067 & 2001-0789068, OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: PARCEL 'A-1': BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67''29'44" WEST (RECORD SOUTH 67'"29'48" WEST PER PARCEL MAP 19380) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE POINT OF COMMENCEMENT; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD NORTH 22''30'16" WEST (RECORD NORTH 22°30'12" WEST PER PARCEL MAP 19380). 2,584.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 67°29'44" EAST, 35.25 FEET. SAID POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 03'20"54" WEST, 128.24 FEET; THENCE NORTH 23*11*21" EAST. 273.84 FEET; THENCE NORTH SO'OO'OO" WEST, 225.65 FEET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 79°19'59" WEST, 84.41 FEET TO A POINT HERINAFTER REFERRED TO AS POINT 'C; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79'19'59" WEST, 57.03 FEET; THENCE NORTH 69M0'0r WEST. 38.00 FEET; THENCE NORTH 40M7*0r WEST, 63.50 FEET; THENCE 30''30'59'' WEST, 34.90 FEET; THENCE SOUTH 6r52'54" WEST. 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76''17'15" EAST; THENCE ALONG SAID EASTERLY LINE SOUTH 22"30'16" EAST. 302.87 FEET TO THE BEGINNING OF A NON-TANGENT 1,005.37 FOOT RADIUS CURVE CONCAVE WESTERLY. A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87»59'57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 36.75 FEET THROUGH CENTRAL ANGLE OF 02''05'40"; THENCE SOUTH 22''30'16'' EAST, 293.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.381 ACRES, MORE OR LESS. PARCEL 'A-2': BEGINNING AT POINT 'C DESCRIBED ABOVE IN PARCEL 'A-1'. SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79''19'59" WEST, 57.03 FEET; THENCE NORTH 69°10'01" WEST, 38.00 FEET; THENCE NORTH 40'47'01" WEST, 63.50 FEET; THENCE 30°30'59" WEST, 34.90 FEET; THENCE SOUTH 6r52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY. A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°17'15" EAST; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE 25.17 FEET THROUGH A CENTRAL ANGLE OF 0M3'49''; THENCE LEAVING SAID EASTERLY LINE NORTH 67''57'23'' EAST, 43.06 FEET; THENCE SOUTH 67*'02'37" EAST, 140.64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.085 ACRES, MORE OR LESS. PARCEL 'A-3': BEGINNING AT POINT 'A' DESCRIBED ABOVE IN PARCEL 'A-1'; THENCE NORTH 67°29'44" EAST (RECORD NORTH 67°29'48" EAST PER PARCEL MAP 19380). 35.25 FEET; THENCE LEAVING SAID LINE NORTH 22''30'16" WEST, 889.92 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22''30'16" WEST, 1694.09 FEET TO POINT 'B' DESCRIBED ABOVE AND A POINT ON THE SOUTHERLY LINE OF SAID PARCEL A-1; THENCE ALONG SAID SOUTHERLY LINE SOUTH 67»29'44'' WEST. 30.00 FEET; THENCE LEAVING SAID LINE SOUTH 22°30'16" EAST, 1.696.75 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62''25'10'' EAST (RECORD NORTH 62"'25'13" EAST PER ROS 17350), 30.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS. EXHIBIT "B" EASEMENT PLAT SHEET 1 of 3 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983. ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVEY 17271. I.E. N40*39'21"W OWNER: SOUTHERN CALIFORNIA GAS COMPANY 1919 S STATE COLLEGE BLVD. ANAHEIM.CA 92806 PACIFIC OCEAN I I VICINITY MAP NO SCALE \yyyA INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ANDREW 07. KARYOES. PLS 7442 DATE PW5370 EXHIBIT "B' EASEMENT PLAT SHEET 2 of 3 SDNR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY) SCALE: r = 200* P.O.C. T.P.O.B. INDICATES EASEMENT AREA POINT OF COMMENCEMENT TRUE POINT OF BEGINNING SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PW5370 EXHIBIT "B" EASEMENT PLAT PARCEL 3 PARCEL 'A-2' T.P.O.B. PARCEL 'A-2' PARCEL 'A- SHEET 3 of 3 SDNR (FORMERLY ATCHISON. TOPEKA & SANTA FE RAILWAY) BEARING/DELTA LENGTH RADIUS Ll N67-29'44"E 35.25' L2 N03*20'54"W 128.24' L3 N23-11'21"E 273.84' L4 N30*00'00"W 225.65' L5 S79*19'59"W 84.41' L6 S67-02'37"E 140.64' L7 N67-57'23"E 43.06 Cl 00*43'49" 25.17' 1974.99' L8 S22'30'16"E 302.87' C2 02'05'40" 36.75' 1005.37' L9 S22'30'16"E 293.12' LIO S7919'59''W 57.03' Lll N69*10'01"W 38.00' L12 N40*47'01"W 63.50' L13 S30*30'59"W 34.90' L14 S6r52'54"W 14.22' PARCEL 'A-y -0 SCALE: 1" »= 200' INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUfFE 105 ENCINfFAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PW5370