HomeMy WebLinkAbout2004-04-27; City Council; 17610; Lease - Encina Basin Water Reclamation Programn
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TITLE: APPROVAL OF AGREEMENT BETWEEN CITY
AND CARLSBAD MUNICIPAL WATER DISTRICT TO
WASTEWATER TREATMENT FACILITY FOR THE
ENCINA BASIN WATER RECLAMATION PROGRAM
PHASE II PROJECT 3675 AND APPROPRIATION OF
FUNDS
LEASE 9-ACRE PARCEL ADJACENT TO THE EWA
CITY OF CAR1
AB# 17,610
MTG . 04/27/04
DEPT. FlNlCMWD
DEpT HD. [
CITY AlN
RECOMMENDED A
Adopt City Council Resolution No. approving a lease agreement between the City
of Carlsbad and the Carlsbad Municipal Water District for the use of a 9-acre parcel located adjacent
to the Encina Wastewater Treatment Facility for the purpose of constructing and operating Carlsbad’s
Recycled Water Treatment Facility Project 3675.
2004-141
Adopt CMWD Resolution No. 1206 approving a lease agreement between the City of Carlsbad
and the Carlsbad Municipal Water District for the use of a 9-acre parcel located adjacent to the Encina
Wastewater Treatment Facility for the purpose of constructing and operating Carlsbad’s Recycled
Water Treatment Facility Project 3675 and appropriation of funds.
ITEM EXPLANATION:
In June 2001, the Carlsbad City Council approved an agreement to purchase a 9-acre portion of the
Encina Wastewater Authority (“EWA”) 35-acre site for the purpose of constructing Carlsbad’s
Recycled Water Treatment Facility. The agreement was executed and the transfer of the 9-acres
occurred in July of 2001. The agreement stated that City could only use the site as a water recycling
facility, and any other use would have to be approved by unanimous vote of EWA member agencies.
The agreement also prohibits the City from selling all or any portion of the 9-acre site without
unanimous consent of the member agencies; however, the City could lease the site to a third party
only for the purpose of providing water services. Since the parcel was paid for with City Sewer funds,
the proposed lease agreement between the City and the District will provide the means to reimburse
the Sewer fund for the cost.
Staff is proposing that the District enter into a 50-year lease with the City for the use of the parcel, for
an amount equal to the purchase price of the land plus interest from the date of purchase. The
purchase price of the land was $1,547,958, and the interest amount will be calculated to the effective
date of the lease. The agreement stipulates that the District would pay the City the entire amount of
the lease plus the interest to-date in one lump sum upon execution of the agreement.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (MND) was prepared for the Phase II project. The Carlsbad City
Council approved the MND on January 25,2000 under Case No. EIA 99-09. The United States
Department of the Interior completed their review of the Phase II project for compliance with the
National Environmental Policy Act (NEPA) and formally approved the NEPA on March 1, 2002.
FISCAL IMPACT:
The cost of the lease was not included in previous appropriations made for the Encina Basin Water
Reclamation Program, Phase II Project, however, this expense was anticipated as an expense of the
Recycled Water Program and has been reflected in the cash flows for the program. Funds for the
lease are being requested at this time, from advances previously made from the Water Replacement
Fund and from recycled water revenues.
Page 2 of Agenda Bill # 17,610
Previous appropriations for the Encina Basin Water Reclamation Program, Phase II Project total $41
million. The Phase II project is being funded from a Bureau of Reclamation grant, a State Water
Resources Control Board grant and low-interest loan, and an EPA Grant. Council previously
approved advances in the amount of $14.5 million from the Water Replacement Fund to provide cash
up front for the project. This advance is expected to be repaid once the loan and grant funds are
received.
EXHIBITS:
1. Resolution No. 2004-141 of the City Council of the City of Carlsbad, authorizing the
Mayor to approve a lease agreement between the City of Carlsbad and the Carlsbad Municipal
Water District.
2. Resolution No. 1206 of the Board of Directors of Carlsbad Municipal Water
District, authorizing the President to approve a lease agreement between the City of Carlsbad
and the Carlsbad Municipal Water District and appropriation of funds.
3. Agreement between the City of Carlsbad and Carlsbad Municipal Water District approving a
lease for the use of a 9-acre parcel located adjacent to the Encina Wastewater Treatment
Facility for the purpose of constructing and operating Carlsbad’s Recycled Water Treatment
Facility.
DEPARTMENT CONTACT: Helga Stover (760) 602-2430, hstov@ci.carlsbad.ca.us
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RESOLUTION NO. 2004-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
APPROVE A LEASE AGREEMENT BETWEEN CITY AND
ADJACENT TO THE EWA WASTEWATER TREATMENT
FACILITY FOR THE PURPOSE OF CONSTRUCTING AND
OPERATING CARLSBAD'S RECYCLED WATER TREATMENT
FACILITY
CMWD FOR THE USE OF A 9-ACRE PARCEL LOCATED
WHEREAS, the City of Carlsbad has determined it necessary, desirable, and in the
public interest for the Carlsbad Municipal Water District ("District") to construct the Carlsbad
Water Recycling Facility; and
WHEREAS, the chosen site for construction of the Carlsbad Water Recycling Facility is
located on a 9-acre parcel purchased by the City from the Encina Wastewater Authority; and
WHEREAS the City purchased this 9-acre site in July 2001 with Sewer Replacement
Funds, and intends to lease the site to the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as
follows:
1. That the above recitations are true and correct.
2. That the lease agreement (Exhibit 3) between the City and the District is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 27th day of ADril , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall a d Packard A
NOES: None
ABSENT: None
CLhUDE A. LEWIS, Mayor
(Seal)
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RESOLUTION NO. 1206
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD,
CALIFORNIA, APPROVING A LEASE AGREEMENT BETWEEN
LOCATED ADJACENT TO THE ENCINA WASTEWATER
TREATMENT FACILITY FOR THE PURPOSE OF
CONSTRUCTING AND OPERATING CARLSBAD’S RECYCLED
WATER TREATMENT FACILITY AND APPROPRIATION OF
FUNDS
CITY AND CMWD FOR THE USE OF A 9-ACRE PARCEL
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WHEREAS, the Board of Directors of the Carlsbad Municipal Water District (“District”)
has determined it necessary, desirable, and in the public interest to construct the Carlsbad
Water Recycling Facility; and
WHEREAS, the chosen site for construction of the Carlsbad Water Recycling Facility is
located on a 9-acre parcel purchased by the City of Carlsbad from the Encina Wastewater
Authority; and
WHEREAS, the District intends to lease the site from the City; and
WHEREAS, funds for the payment of the lease are not available from existing
appropriations and therefore need to be appropriated from the District’s Reclaimed Water
Capital Construction fund,
NOW, THEREFORE, BE IT RESOLVED by the Board Of Directors Of the Carlsbad
Municipal Water District, as follows:
1. That the above recitations are true and correct.
2. That the lease agreement (Exhibit 3) between the City and the District is approved.
3. That the Finance Director is authorized to appropriate $1,547,958 plus interest
($146,790 through 4/1/2004 plus an additional $150.55 per day for each day after 4/1/2004 to
the effective date of the lease) from the Reclaimed Water Capital Construction fund and transfer
these funds to the City Sewer Replacement Fund as payment of the lease.
Ill
Ill
Ill
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 27th day of April ,2004 by the following vote, to wit:
AYES: Board. Members
NOES: None
ABSENT: None
ATTEST:
u LOdRAlNE M. WOOD, City Clerk
Lewis, Finnila, Kulchin, Hall and Packard
CMWD Resolution No. 1206 page 2
(Seal)
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LEASE
1. PARTIES
This Lease is made and entered into as of November 1, 2003, by and
between the City of Carlsbad, a municipal corporation (herein referred to
as " Lessor" and Carlsbad Municipal Water District ("CMWD") (herein
referred to as " "Lessee").
2. PREMISES
Lessor hereby leases to Lessee, on the terms and conditions hereinafter
set forth, certain real property located within the City of Carlsbad, County
of San Diego, State of California. The legal description for which is
detailed in Exhibit A and incorporated herein by reference.
3. TERM
The term of this Lease shall be for fifty (50) years commencing on
February 1, 2004 and ending on January 30, 2055, unless sooner
terminated as hereinafter provided.
4. - RENT
Lessee shall pay Lessor $1,547,958 plus interest at a rate equal to the
average interest earned by the City's investments over the previous 12
months as rent for the Premises. Interest is equal to $146,790 through
4/1/2004 and an additional $150.55 per day beyond 4/1/2004 to the
effective date of the lease. Payment shall be made upon execution of this
lease agreement.
5. USE
Lessee shall use the Premises only for the purpose of locating
(constructing and operating) the Phase 2 Recycled Water Facility as
outlined in the "Agreement between the Encina Wastewater Authority,
The Encina Wastewater Authority Member Agencies, and the City of
Carlsbad transferring title to the Encina Wastewater Authority's south
parcel and authorizing the purchase of a portion of the south parcel by the
City of Carlsbad", incorporated herein by reference.
6. SECURITY DEPOSIT
There is no security deposit for this agreement. Improvements at the
Premises are owned and held by Lessee throughout the duration of the
Lease. Improvements will revert to Lessor upon termination of the lease.
These improvements include: the treatment plant, facilities, and
associated structures paid for and owned by the District.
Encina South Parcel Lease Agreement
Q70-0- /c?
Page 1 6 City Attorney Approved Version 3/04
Exhibit 3
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UTILITIES
Lessee shall make arrangements to pay for all water, gas, heat, light,
power, telephone and other utility services supplied to the structures
located on the site, together with any taxes thereon and for all connection
charges.
MAINTENANCE AND REPAIRS
Lessee shall at its sole cost and expense keep in good condition and repair
the structural elements and property of the Premises. Lessee at its sole
cost and expense shall keep in good order, condition and repair the
Premises and every part thereof, including, without limitation, all Lessee's
personal property, trade fixtures, signs, windows, doors, interior walls,
interior ceiling and lighting facilities.
HAZARDOUS MATERIALS
"Hazardous Material" means any hazardous or toxic substance, material
or waste, which is or becomes regulated by any local government
authority, or the United States Government. Lessee shall not cause or
permit any Hazardous Material to be brought upon, kept or used in or
about the Property by Tenant, its agents, employees, contractors or
invitees contrary to the law.
ALTERATIONS AND ADDITIONS
Lessee shall not, without the Lessor's prior written consent, make any
alterations, improvements or additions in or about the Premises, which are
not consistent with the original intended use of the Premises as outlined in
Section 5 (USE) of this agreement.
INSURANCE
Lessee shall obtain and maintain for the duration of this lease agreement
and any and all amendments, insurance against claims for injuries to
persons or damage to property, which may arise out of or in connection
with use of the subject property. The insurance requirement will be as
determined by the City's Risk Manager.
HOLD HARMLESS
The Parties mutually agree to hold harmless each other, including each
other's officers and employees from liability, damage, and expense of any
kind, including reasonable attorney's fees, arising from all claims or causes
of action of any kind including but not limited to injury to or death of any
person or persons, including Lessee employees, and invitees resulting
directly or indirectly from granting and performance of this lease or arising
Encina South Parcel Lease Agreement Page 2
City Attorney Approved Version 3/04 7
Exhibit 3
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from the use and operation of the leased Premises or any defect in any
part thereof.
ASSIGNMENT AND SUBLElTING
Lessee shall not voluntarily or by operation of law, assign, transfer, sublet,
mortgage or otherwise transfer or encumber all or any part of Lessee’s
interest in this lease or in the Premises.
OUIET POSSESSION
Upon Lessee’s paying the lease hereunder and observing and performing
all of the covenants, conditions and provisions on Lessee’s part to be
observed and performed hereunder, Lessee shall have quiet possession of
the Premises for the entire term hereof, subject to all the provisions of
this Lease.
NOTICES
Whenever under this Lease a provision is made for any demand, notice or
declaration of any kind, it shall be in writing and served whether
personally, or sent by registered or certified United States mail, postage
prepaid, addressed at the addresses as set forth below:
CMWD at: Executive Director
1200 Carlsbad Village Drive
Carlsbad, California 92008
Telephone: (760) 438-2722
Facsimile: (760) 43 1-160 1
To City at: Economic Development Director
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2732
Facsimile: (760) 602-8560
Such notice shall be deemed to be received three (3) days from the time
of mailing, if mailed as provided for in this paragraph or upon delivery.
CHOICE OF LAW
This Lease shall be governed by the laws of California.
INCORPORATION OF PRIOR AGREEMENTS
This Lease contains all agreements of the Parties with respect to any
matter mentioned herein. No prior agreement or understanding
pertaining to any such matter shall modify or alter the terms of this Lease.
Encina South Parcel Lease Agreement Page 3
City Attorney Approved Version 3/04 a
Exhibit 3
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This Lease may be modified only in writing, and signed by the Parties in
interest at the time of such modification.
ADDENDUM
Any addendum attached hereto and either signed or initialed by the
Parties shall be deemed a part hereof and shall supersede any conflicting
terms or provisions contained in this Lease.
Time is of the essence of each and all of the terms and provisions of this
Lease.
SEVERABILITY
The unenforceability, invalidity, or illegality of any provision of this Lease
shall not render the other provisions hereof unenforceable, invalid, or
illegal.
OUITCLAIM OF CMWD’S INTEREST UPON TERMINATION
Upon termination of this Lease for any reason, including but not limited to
termination because of default by Lessee, Lessee shall execute,
acknowledge and deliver to Lessor with thirty (30) days after receipt of
written demand thereof a good and sufficient deed whereby all right, title
and interest of Lessee in the Premises is quitclaimed to Lessor. Should
Lessee fail or refuse to deliver the required deed to Lessor, Lessor may
prepare and record a notice reciting the failure of Lessee to execute,
acknowledge and deliver such deed and said notice shall be conclusive
evidence of the termination of this Lease and of all right of Lessee or
those claiming under Lessee in and to the Premises.
PEACEABLE SURRENDER
Upon the expiration of this Lease or termination or cancellation thereof, as
herein provided, Lessee will peaceable surrender said Premises to Lessor
in as good condition as said Premises were at the date of this Lease,
ordinary wear and tear expected. If Lessee fails to surrender the
Premises at the expiration of this Lease or the earlier termination or
cancellation thereof, Lessee shall defend and indemnify Lessor from all
liability and expense resulting from the delay or failure to surrender,
including, without limitation, any succeeding claims by the Lessor based
on Lessee’s failure to surrender.
The Parties hereto have executed this Lease on the date first above written.
Encina South Parcel Lease Agreement Page 4
City Attorney Approved Version 3/04 c1
Exhibit 3
CMWD: LANDLORD:
President Citybf Carlsbad, Mayor
1200 Carlsbad Village Drive
Carlsbad, CA 92008
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Telephone: (760) 438-2722 Telephone: (760) 434-2821
Facsimile: (760) 431-1601 Facsimile: (760) 720-9461
With a Copy to:
Economic Develop men t Di rector
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2732
Facsimile: (760) 602-8560
Executive Director
CMWD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Telephone: (760) 434-2821
Facsimile: (760) 720-9461
Encina South Parcel Lease Agreement Page 5
City Attorney Approved Version 3/04
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P Li
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF CARLSBAD
Attn: Jane Mobaldi, Esq.
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
SHORT FORM MEMORANDUM OF LEASE
This Short Form memorandum of Lease (herein, “Memorandum”), dated as of February 1 ,
2004, for reference purposes only, is executed by and among the City of Carlsbad, a municipal
corporation (“landlord”) and Carlsbad Municipal Water District (“Tenant”), a municipal
corporation. The foregoing may be referred to collectively herein as the “Parties” and individually
as a “Party”.
The Parties previously executed that certain “Lease” of even date herewith which provides
for, among other things, Landlord leasing to Tenant and Tenant leasing from Landlord an
approximate 9-acre portion of that certain real property located in Carlsbad, California. The legal
description for which is detailed in Exhibit A and incorporated by reference (herein, the
“Property”). The term of the Lease shall be for 50 (fifty) years commencing on or about February
1 , 2004, on the terms and conditions more specifically set forth in the Lease. The Lease contains
no options or rights to renew or to extend the term thereof past its stated expiration date.
This Memorandum is being executed and recorded to place all parties dealing in any
manner with respect to the Property, Landlord and/or Tenant upon notice of the existence of the
Lease, including, without limitation, all rights, obligations and duties of the respective Parties
thereunder. This Memorandum is for notice purposes only and shall not supersede, amend,
modify, limit, interpret, invalidate or otherwise affect any of the terms, provisions, covenants or
conditions of the Lease in any respect or manner whatsoever. In the event of any conflict or
inconsistency between the terms, provisions, covenants and conditions hereof and the terms,
provisions, covenants and conditions of the Lease, the latter shall exclusively control for all
purposes.
All of the terms, provisions, covenants and conditions contained in the Lease shall be
binding upon all persons and entities which h at any time acquire, receive or hold any interest of
any kind in the Property, Landlord and/or Tenant by an means whatsoever.
IN WITNESS WHEREOF, each of the undersigned has executed this Memorandum as of
the dates set forth in the respective notary acknowledgments attached hereto.
“LANDLORD”
CITY OF CARLSBAD,
a municipal corporation
Rafpond R. Patchett
City Manager
“TENANT”
CARLSBAD MUNICIPAL WATERRTRICT
-u Its: President
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By :
EXHIBIT A
PARCEL "B"
LEGAL DESCRIPTION
THAT PORTION OF SECTION 20, TOWNSHIP 12SOuTy RANGE 4 WEST, SAN
BERNARDINO BASE AM) MERIDIAN, ACCORDING TO OFFICW PLAT THEREOF AND
THAT PORTION OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO MAP THEREOF
NO. 2013, FLED M THE OFFICE OF "E COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 26,1927, DESCRIBED IN DEED TO THE CITY OF CARLSBAD, A
DECEMBER 2 1 , 1995 OF OFFICIAL RECORDS, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
MUNICIPAL CORPORATION, AS DOCUMENT NO. 1995-058 1624, RECORDED
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 20 WITH
THE EASTERLY LINE OF THE 200.00 FOOT RIGHT OF WAY OF THE SANTA FE
RAILROAD, AS SHOWN ON SAID MAP NO. 2013; THENCE ALONG THE SOUTH LINE OF
SAID LA COSTA DOWNS UNIT NO. 1, SOU" 89'18'21'' EAST (SOU" 89021 ' EAST PER
SAID DEED TO THE CITY OF CARLSBAD, NORTH 89"58'20" EAST PER SAID MAP NO.
2013) 1236.50 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA, RECORDED FEBRUARY 16,1966 AS FILE NO. 27424 OF
2806'55" WEST 1463.09 FEET (NORTH 26O10' WEST 1462.07 FEET PER SAID DEED TO
THE CITY OF CARLSBAD) TO AN ANGLE POINT, THENCE CONTINUING ALONG
WESTERLY LINE NORTH 28'58'16" WEST 300.44 FEET (NORTH 2P01'45 WEST 300.38
FEET PER SAID DEED TO THE CITY OF CARLSBAD) TO AN ANGLE POINT; THENCE
CONTMUING ALONG WESTERLY LINE NORTH 27'13'09' WEST 85.02 FEET (NORTH
27'14'24" WEST 85.05 PEJt SAID DEED TO THE CITY OF CARLSBAD) TO THE MOST
EASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL "B" IN FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT CASE NO. 25812, A COPY OF WHICH WAS
FRED IN THE OFFICE OF THE COU" RECORDER OF SAPJ DIEGO COUNTY, MARCH
15,1968 AS FILE NO. 44080 OF OFFKiAL RECORDS; THENCE ALONG THE SOUTHEAST
LINE OF SAID PARCEL "B", AS FOLLOWS:
omam RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAND, NORTH
SOUTH 61°52'08" WEST 292.79 FEET (SOUTH 61'51'00" WEST 292.78 FEETPER SAID
DEED TO THE CITY OF CARLSBAD) TO THE EASTERLY TERMINUS OF THAT 60.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE NORTHERLY LINE OF LA
LOMA BOULEVARD, AS SHOWN ON SAID MAP NO. 2013; THENCE WESTERLY AND
SOUTHWESTERLY ALONG SAID CURVE TKROUGH A CENTRAL ANGLE OF 57035YO"
A DISTANCE OF 60.32 FEET (57005'50" A DISTANCE OF 60.31 FEET PER SAID DEED TO THE CITY OF CARLSBAD) THENCE C0NTI"G ALONG SAID SOUTHEAST LINE
SOUTH 6 1 0S2'08'' WEST (SOUTH 6 1'15 I '00" WEST PER SAID DEED TO 'iM2 CITY OF
CARLSBAD) 26.40 FEET TO THE TRUE POINT OF BEGMNING; THENCE LEAVING
Sheet 2 of 2
SA0 SOUTHEAST LINE SOUTH 28'07'52'' EAST 630.38 FEET, THENCE SOUTH
6 I '52'08" WEST 670.15 FEET TO SAID EASTERLY LINE OF SAID 200.00 FOOT RIGHT OF
WAY OF THE SANTA FE RAILROAD; THENCE NORTHERLY ALONG SAID EASTERLY
LRJE NORTH 20O22.43" WEST (NORTH 21"06'40*' WEST PER SAID DEED TO THE CITY
OF CARLSBAD) 103.93 FEET TO THE BEGI"G OF A TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 5629.65 FEET; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTML ANGLE OF 2°00'00" A DISTANCE OF 196.5 1 FEET
(2°00'00" A DISTANCE OF 196.5 1 FEET PER SAID DEED TO THE CITY OF CARLSBAD)
THENCE CONTINUING NORTHERLY TANGENT TO SAID CURVE ALONG SAD
EASTERLY LINE NORTH 18'22'43'' WEST 224.25 FEET (NORTH 19°06'40" WEST 224.19
FEET PER SAID DEED TO THE CITY OF CARLSBAD) TO THE MOST WESTERLY
CORNER OF LOT 19, BLOCK 21, ACCORDING TO SAID MAP NO. 2013; THENCE
C0NTI"G NORTHWESTERLY NORTH 18O22'43'' WEST (NORTH 18024'35" WEST
PER SAID DEED TO THE CITY OF CARLSBAD AS DESCRIBED IN SAID PARCEL "B'?
113.82 FEET TO THE INTERSECTION OF THE PROLONGATION OF SAID S0U"HEAST
LINE OF SAID PARCEL "B"; THENCE NORTHEASTERLY ALONG SAID PROLONGATU)
LINE NORTH 61 '52'08" EAST (NORTH 61O5 1'00" EAST PER SAID DEED TO THE CITY
OF CARLSBAD) 1 10.82 FEET TO A LINE WHICH BEARS NORTH 18'1 2'0"' WEST
(NORTH 18*24'35'' WEST PER SAID DEED TO THE CITY OF CARLSBAD).FROM AN
ANGLE POINT IN THE NORTHERLY LINE OF SAN LUIS BOULEVARD AS SHOWN ON SAID MAP NO. 2013, SAID ANGLE POINT BEING THE WESTERLY TERMNUS OF THAT
LlME HAVING A BEARING OF 'NORTH 89'58'20"EAST' AND DESCRIBED IN SAID
DEED TO THE CITY OF CARLSBAD; THENCE CONTK"G NORTHEASTERLY ALONG
SAID SOUTHEAST LINE OF SAD PARCEL "B" NORTH 61O52'08" EAST (NORTH
61'5 1 k0" EAST PER SAID DEED TO THE CITY OF CARLSBAD) 458.15 FEET TO THE
TRUE POINT OF BEGINNING.
AREA = 392038.17SQ.FT.
PLS4611
EXPRAllON 9-30-02
DATE: 2-20-01
9.OOO ACRES MORE OR LESS
JN 2086
EXHIBIT A
Encina South Parcel
Feet