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Home My WebLink About2011-04-26; City Council; 20532 ATTACHMENT 1b; SEWER LIFT STATION AGUA HEDIONDAcoor... Jayme Foster From: Ross, Ronald Sent: Wednesday, April 22, 2009 2:43 PM To: Kodis, Marc Subject: RE: Agua Hedionda DEH Permit Attachments: Lagoon Boring Locations copy.jpg Mark, Attached is an aerial identifying the boring locations at the lagoon. The boring locations are approximate and dependent on the ability to access B-4 it could be in parcel 210-010-41 or in 210-010-26. Boring B-4 is the only location that has some variables and is covered in the count for the previous and currently requested DEH permits. Respectfully, Tttnt. Civil. (858) 514-88 22 (office) (858) 5 14-88 33 (fax) From; Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Wednesday, April 22, 2009 1:37 PM To: Ross, Ronald Subject: RE: Agua Hedionda DEH Permit Ron, can you send the boring location map for these 2 borings. An aerial overlay would be the best like you did before showing the parcel #. From: Ross, Ronald £DM!toi[r^s@Bnwi;a!icoriO Sent: Wednesday, April 22, 2009 11:24 AM To: Kodis, Marc Subject: Agua Hedionda DEH Permit Mark, Attached is the DEH permit for the borings at the lagoon. Also if you have a contact at SDGE Real Estate it would be very helpful. Thank you for your assistance. Respectfully. Ttmn. TZcrstJL ~P,C. (858) 514-8822 (office) (858) 514-8833 (fax) af Ji>att CARYW.ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH „. ^ DKECTOR LAND AND WATER QUALITY DIVISION ASSISTANT DOCTOR P.O. BOX 129261, SAN DIEGO, CA 92112-9261 Sf 9-338-2222/FAJC 61 9 • 338-2 31 5/1-800-2S3-9933 www.sdcounty.ca.gov/deh/twq PROPERTY OWNER CONSENT Proposed locations for subsurface work: Property Address: Assessor's Parcel Number (APN): G\a - ay> V> , owner of the property/properties listed above, give my permission to >v\o * on>j VxXly (consulting company, contractor) to conduct the following work at the locations stated EJbova DVj jfi - V 0Install __ _ monitoring wells Q Destroy _ monitoring wells pH Drill __^±_ soil borings" authorized signer for TV-;,- (V/.-.i »-rH/ (drilling company) have submitted a signed application to the Department I understand that wHojft/|<3hV> (registered professional) of lYj^.vip ^ |V\c>o^ (consulting company) and an ' \\l (drilling company) have of Environmental Health in which they ha//e agreed to complete the above-stated work according the requirements of the current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring wells/borings. w" **„> Property Owner Signature: Date: Print Name: * Title: Company: >rMailing Address: , DEH:SAM-9503 (Rev. 5-07) Jayme Foster From: Kodis, MarctMarc.Kodis@nrgenergy.com] Sent: Tuesday, May 19, 2009 6:09 AM To: Ross, Ronald Cc: Terry Smith Subject: RE: Revised Property Owner Consent Form Pacific Drilling Attachments: Pacific Drilling - DEH Consent Draft.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Attached is the signed DEH property owner consent. We should have a draft access agreement available shortly. Please forward insurance accord from Pacific Drilling. Thank you, Marc A, Kodis, i'E Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 O1T760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From; Ross, Ronald [mailto:rross@BrwoCald,cooi] Sent: Thursday, May 14, 2009 10:18 AM To: Kodis, Marc Cc: Terry Smith Subject: Revised Property Owner Consent Form Pacific Drilling Marc, Please find attached the revised DEH property owner consent form for Pacific Drilling to conduct the two borings at the lagoon. We are working to provide you the insurance requirements for the new driller. This should be available in a couple of days. Thank you for your assistance. «Property Owner Consent pdf» Respectfully, Tltr±JL "P.JH. 9665 Chesapeake Drive, Suite 201 San Diego. California, 92123 (858) 514-8822 (office) {858) 571-6719 (direct) (858) 514-8833 (fax) (ffoutttg of GARYWERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH JACK MILLERASS.STANT OTCCTOH P.O. OOX 1UZ61. SAM OI6OO. CA 521 1S 9261 81 9-338-222 2/FAX 819-3J8-2 31 5/1 -»00- 2S3 -9933 http:tfwww.s<Jcdah.orQ PROPERTY OWNER CONSENT Proposed locations fot subsurface work: Property Address; Assessor's. Parcel Number (APN); i,,, • V? f,l ,"\ . , C^Q'Q^O- QM- QQ - 4l- QO stated above of thtj piypaity/pfuperties listed above, give my permission to • (consulting company, contractor) to conduct the following work at the locations PI Install monitoring wesis LJ Destroy monitoring wells K] Dull sud boiings n.Mrr^\Q«?V (registered professional)of ittlX- ^ ' \ooirl..~~~ ' \Yr.\ ii understand that ' Mrr^Va«?V (registered protessional)of rViflxX'- 1 '' |cc>rx. (consulting company) and an authorized signerfoT^TTItSJy^iL Pf I AwA (driliino company fh»esubniitted a signed application to the Department of Environmental Health in which they have agreed to complete the above-stated worK according the requirements of the current SAM Manual, alt ordinances and laws of the County of San Diego arid the State of California pertaining to well/boring construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring weils/bonnqs installed or existina wells destroyed on this property, to ensure proper closure of the monitoring wells/borings. /„ ,1,-. < , „ / /' \ , Property ;.'..!,-,';,-).M! i ; ' "_, : /^ '• ;'> . t- <~-ftf^ Date: jrlf«-f J^p^ *'<2^ » f, - , i t ~~i~" Pnt-.t Nair,«j .._•'.... . " ' . ' : Title, ___t_O* X^liitiLt Company * ~, .„.,_. . > ' / , ' \ .• .1 -_ Mailing Address: •"• _ • : / - • „ i ; ... .1* , ^_^ '_ G 4; C. Afc (,^ti'J.Cl..__J~•./*,,•--'13=O:0 06H:SAM 0603 (Rev. 7 08) Jayme Foster From: Terry Smith [Terry,Smith@carlsbadca.gov] Sent: Tuesday, May 19, 2009 2:46 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Cross Sections Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Marc, We'll plan on 1:00 on the 28th at your Aston office for now, unless we here differently. Terry From: Kodis, Marc f ma i Ito: Ma re. Kodis® n rgenergy.com] Sent: Tuesday, May 19, 2009 2:30 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Cross Sections Might need to do a different day. Need to get a few people involved with this. Will let you know. From: Terry Smith [mailto: lerry.Smitn(d)carlsbadca,govJ Sent: Tuesday, May 19, 2009 1:18 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Cross Sections Our project manager for the Coastal Rail Trail would like to take a look at the west side of the tracks if you think this might be a more acceptable alignment. If not. then we can meet at your Aston office. If you might be interested in this, we can also do the field trip on a different day. Terry From: Kodis, Marc [mailto:Marc.Kodistamrgenergy.com] Sent: Tuesday, May 19, 2009 10:43 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Cross Sections That works. I was thinking of meeting at our Aston office. Is there a need to meet at the plant? From: Terry Smith [mailto:Terry.Smith@carlsbadca.qoy1 Sent: Tuesday, May 19, 2009 10:15 AM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Cross Sections Marc. That is fine. How about 1:00 at the power plant on the 28th. I am still working with the geotech to clarify some issues, then I will e-maii you an update on the soils testing and pipe condition issue. Other than that, are there any outstanding issues on the work plan. Pacific Drilling needs to provide you with their insurance certificate and execute your agreement and I need to address your request for soils testing. Anything else wo need to resolve in order to move forward with our geotech investigation? Let me know. Thanks, Terry From: Kadis, Marc [mailto:Marc.Kodis@nraenergv.com1 Sent: Tuesday, May 19, 2009 9:12 AM To: Terry Smith Subject: RE: Cross Sections Hi Terry, Can we postpone our meeting one week to the 28th? Same time will work fine but can work with other times as well. The signed DEH consent form has been sent back and are trying to wrap up other requirements for Pacific Drilling as noted in previously sent email. Any status on soils testing request? Thank you, \fan A. Kod'Ls. /'/•; Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, C A 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith [mailto:Terry.Smith@carlsbadca.qov1 Sent: Wednesday, May 13, 2009 12:14 PM To: Kodis, Marc Subject: Cross Sections Marc, As you requested, I am providing you with a typical section for the Coastal Rail Trail. These sections are from the portion of the project that is complete north of Tamarack, but it will give you a good idea of our requirements and those of SANDAG. I am also sending you a cross section across the NRG property that we can use for discussion purposes when we meet next. As for our next meeting, I would like to meet at your office or the plant site next Thursday at 1:30 if this will work for you. I will send you the e-mail you requested about soils testing after I have discussed this issue with our geotechnical consultant, which should be some time today. Ron will be sending you a new County form for your signature if he hasn't already done this. Also, please send Ron a new right-of-entry agreement for our new driller and we will get it executed ASAP. Thanks for your cooperation, Jayme Foster From: Kodis, Marc [Marc. Kodis@nrgenergy.corn] Sent: Thursday, May 28, 2009 11:26 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Meeting Today Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thanks Terry. Who wilt be at the meeting from the City/other representatives? We want to make sure that we are allowing for the right size room. From: Terry Smith [mailto:Teri7.5mith@carlsbaclca.gpy] Sent: Thursday, May 28, 2009 10:07 AM To: Kodis, Marc Cc: Ross, Ronald Subject: Meeting Today Marc, In preparation of our meeting this afternoon, we will prepare an agenda of the items we wish to discuss. Our main topics are the geotechnical investigation and the easements for the new pipeline and pump station. Should I bring our project manager to discuss Coastal Rail Trail issues? Who will be attending on behalf of NRG? Please let me know if you have additional agenda items or sub-items that you would like to discuss. Regarding the geotechnical investigation, it is my understanding that you have everything you need from us and we are only awaiting the access agreement from you for our drilling contractor to sign. Additionally, the design team has discussed your concern about the condition of the existing interceptor. To alleviate your concerns and ours, we will pothole over the existing sewer on your property to expose the upper half of the pipe in one location to determine whether the concrete pipe has any exterior deterioration. We have already televised the interior of the pipe and know that it is in good condition. We will use this information, the new soils data, and the record drawings to verify that the pipe is able to withstand the current earth loads plus H20 loading for our maintenance vehicles that need to make daily trips to the sewer lift station. As part of our proposed geotechnical investigation, we will perform GBR tests at one location to ensure that we have adequate soils information available should a special pavement section need to be designed to protect the existing sewer pipe from the City's anticipated load conditions. We will be happy to share the results of our geotechnical investigation with you in addition to our load calculations on the existing sewer for the City's load conditions. I look forward to meeting with you this afternoon to resolve these outstanding issues. Thanks, Terry L. Smith Sr. Civil Engineer City of Carlsbad 1635 Faraday Ave, Carlsbad, CA 92008 (760)602-2765 Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Thursday, May 28, 2009 11:46 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Meeting Today Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Terry, to answer the questions In your first paragraph, I think we should keep Coastal Rail Trail discussion to minimum but having Sherri at the meeting would be fine in case there are issues that come up. Agree with your main topics. We would like to start to get issues on the table that will be part of an easement agreement, Our expectation for meeting length is hour and a half but no problem if we go a bit over, The same group will be at the meeting as last time. In addition we will have a conference line open for anyone who wants to participate by phone. George Piantka David Lloyd (representing coastal rail issues) Bob Wojcik and in addition, Alan Conines who is our Asset Manager for Cabnllo I. From; Terry Smith [mailto:TerrY.Smith@carlsbadca.gov] Sent: Thursday, May 28, 2009 10:07 AM To: Kodis, Marc Cc: Ross, Ronald Subject: Meeting Today Marc, In preparation of our meeting this afternoon, we will prepare an agenda of the items we wish to discuss. Our main topics are the geotechnical investigation and the easements for the new pipeline and pump station. Should I bring our project manager to discuss Coastal Rail Trail issues? Who will be attending on behalf of NRG? Please let me know if you have additional agenda items or sub-items that you would like to discuss. Regarding the geotechnicai investigation, it is my understanding that you have everything you need from us and we are only awaiting the access agreement from you for our drilling contractor to sign. Additionally, the design team has discussed your concern about the condition of the existing interceptor. To alleviate your concerns and ours, we will pothole over the existing sewer on your property to expose the upper half of the pipe in one location to determine whether the concrete pipe has any exterior deterioration. We have already televised the interior of the pipe and know that it is in good condition. We will use this information, the new soils data, and the record drawings to verify that the pipe is able to withstand the current earth loads plus H20 loading for our maintenance vehicles that need to make daily trips to the sewer lift station. As part of our proposed geotechnical investigation, we will perform CBR tests at one location to ensure that we have adequate soils information available should a special pavement section need to be designed to protect the existing sewer pipe from the City's anticipated load conditions. We will be happy to share the results of our geotechnical investigation with you in addition to our load calculations on the existing sewer for the City's load conditions. I look forward to meeting with you this afternoon to resolve these outstanding issues. Thanks, Terry L. Smith Sr. Civil Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 (760)602-2765 AGENDA NCR Energy Coordination Meeting CITY OF CARLSBAD Agua Hcdionda Lift Station and Vista/Carlsbad Interceptors NRG Corporate Office, May 28, 2009 1:00 pm I. INTRODUCTIONS II. FIELD INVESTIGATIONS a. Geotechnical Evaluation i. Access Agreement/Permitting ii. Scheduling b. 42-inch Sewer Potholing i. Location ii. Subconsultant Access Agreement iii. Scheduling III. SEWER PIPE LOADING DATA IV. PROPOSED EASEMENTS/PROPERTY a. Sewer Easement b. Lift Station Site c. Lift Station Access d. NRG Heavy Haul Road V. COASTAL RAIL TRAIL ALIGNMENT e* ft • ^-y^t* ; ~f * « ~-r>V% j «, *< >-£. <£.•<•' <ff* < c^/t ^•-> xf- r«L C ^^ <V«S.-i 1 $&^#*«4#** ~^ ^y^f *^ '/*(*(*•** ^i -/ */s~ ?• / -4 <^l 6 /€«/>C [/•< \ Jayme Foster From: Terry Smith [Terry.Smith@carlsbadca.gov] Sent: Thursday, May 28, 2009 4:49 PM To: Kodis, Marc Cc: Ross, Ronald Subject: FW: V/C Interceptor and Agua Hedionda LS Schedule Attachments: Document.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Marc, Here is a copy of our latest schedule for your information. Terry L. Smith Sr. Civil Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 (760) 602-2765 days ManQ'in&f F'iOS/13'OM days Moo 01.' 1 ft/Us F<i OS/29'09 day* Won Cm 'ill/OS F-i07/31'09 days Won 01,-O.s/QS Fn 08CS<03 iiys MonO&/11/09 W«d 12/30'09 uoji MonOi/n.TO Wed06/t0'09 days WedO6/10/O9 Wed06?i&6J days Thu 06/1 1/09 Tua Q6f\ 1 139 days Mon 08/31/09 Fri11/0dt» days Man 11/09/09 Wed 12/09 ua days Thu 11/19/09 Wed 12O01W days Wed 12/30/09 Wad 12'JuCa dsys Wed 12/3(1/03 Mon 06/21 10 days Wed 12/30/09 Wed 12/.W09 days Thu 12/31/09 Wed 06/16 10 days Mon 07/21/0* Thit OS/20.09 oays Ffi 10/31/08 TtwOfi/tM.i/'1 (Jays. Fn06/OS/09 Thu 37.... _j 0>ys Fn 07/03/08 Tfx. . > / ...... i dayi Ffj 07/24/09 thuoa^v... days Mon07«1AJ8 Fn 'S'K ... days. TuoOS/OVDS Mon> t.i.,.y uayj, TueCX/21/09 Won OSmii'Da days FriOS/25/09 Thu lO'lb.Ql. Says Thu 12/31/09 W«l 03/03i1D days Thu03/0-»/10 Wed 33-31,'iO days Thu CM/01/10 Wed 06/0a'10 oayi MonO"1S/10 Fn01/0?.'11 days Thu 06/03/10 W»J07/28'10 days Tho 07/29/10 W«i05.'Z210 days Thu 09/23/10 Wed1V03,'10 days Thu«M)7/10 Men03/19TI2 (lays Thu 03/24/1 1 Wad 08/2*1 1 dayii ThuO</26/1J W«!06/20,'12 <J%s Ttiu06ai/12 Wei(MUD1.'12 (Jays Thu 10/21/10 Wad 12/15*10 oa»s, Tlw 12/16/10 Wed02/09'11 a»ys Thu 02/10/11 Wed03/0ft'11 o»ys Thu 03/10/11 Wed07/27.'11 day? Thj 05/05/11 W«110/19'11 rtayi Thu 10/20/11 Wed1?y28'11 oays Thu 12/29/11 Wed01/2S'12 flayr, ThuO'/26/12 Wei03/07'12 nays Thu 03/10/11 W<ri 05/0«'1 1 days Thu 05/05/11 We* 06/2*1 1 days Thu 06/30/1 1 WeJ OS/07f1 1 days Thu 09/08/11 Mot 02/18/13 cUys, Thu««36/11 Wed 12728/11 days Thu 12/29/11 Wed 05/15/13 «y$ Thu OS/16/13 Wed 08/07f13 days ThuO*/08/13 Wed 09/18(13 , jpptMtBNMtM f HIMUVIIHIUIIiLl»i«ll.m»«w»Ma — K > 1 | • v "^ r .^ .^—.Ojlr 7J. , 1 ! """ •"' "•'•"" "••"""••""• y c ^ :! * T ; : ^_ , "*- ^ >• \ | ^ ; ^ irrmiKw »r«»iiii>«..ii.,,i/- ^ -» '^ I i ; | i • L_ ^U^PT w i j * ' ' > ^T ; "^k ^ ; i » . , > •- '^ ,.| " ""^* •• K. .. ... a ; ;'" K • «t1 FjL^ *i ~Tk 1 > ^ _ ^^ Jay me Foster From: Ross, Ronald Sent: Thursday, May 28, 2009 4:52 PM To: Kodis, Marc Subject: Potholing Subconsultant Marc, Attached is the proof of insurance for AirX (potholing sub). Would you like for me to have them contact you directly to coordinate the access agreement? Certificate.pdf AirX contact information: Jamie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2262 Carmel Valley Road, Suite II Del Mar, CA 92014 858-792-2479 Phone 858-792-2417 FAX Respectfully, 1KW TZerlA 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) («58) 5 n -6/1 9 (direct) (558)514-8833 (fax) ACORDn CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDfVYYY) 5/21/2009 PRODUCER Phone: 760-304-7120 Fax: 619-699-21%: Alliant Insurance Services, Inc. Driver Commercial Group 570 Rancheros Drive, Ste 100 San Marcos CA 92069 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Airx Utility Surveyors, Inc. 2262 Carmel Valley Rd #H Del Mar CA 92014 ; INSURERS AFFORDING COVERAGE j INSURER A: Transportation I \ INSURERS: First Natl Ins C I INSURER C; i INSURER D; COVERAGES THE NOT CER'lek INSR LTR A B POLICIES OF INSURANCE LISTED BELOW IIAV3 BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TUB POLICY PERIOD INDICATED. WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS flFICATE HAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE IS, EXCLUSIONS AND CONDITIONS 0? SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE 3EEN REDUCED BY PAID CLAIMS. 'ADb'C ] iINSRO' TYPE OF INSURANCE 1 POLICY NUMBER | X , GENERAL LIABILITY |B2082995436 X COMMERCIAL GENERAL LIABILITY \ CLAIMS MADE [X j OCCUR j"""' \ 1 GEN'L AGGREGATE LIMIT APPLIES PER. j X ' POLICY [ I SECT i 1 LOG | i AUTOMOBILE LIABILITY 25CC2580491 ' X ANY AUTO ALLOWNEDAUTOS ! j SCHEDULED AUTOS I 1 X ! HIRED AUTOS i X NON-OWNED AUTOS I | GARAGE LIABILITY j ! ANY AUTO j \ A EXCESS/UHBRELLAL1ABILITY B2082995114 i X 1 OCCUR ! j CLAIMS MADE I i i ; DEDUCTIBLE '} RETENTION $ 1 WORKERS COMPENSATION AND ! EM P LOYE RS' LI ABILITY j ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER tXU.UOkU'.' ' if yes, describe under \ SPEC AL PROVISIONS below ! OTHER POLICY EFFECTIVE POLICY EXPIRATION i , .„,„DATEIMMrtJDnCY) BATE IMM/DD/YYI LIMITS 9/18/2008 9/18/2009 EACH OCCURRENCE j $1,000/000 DAMAGE TO RENTED j PREMISES lEaocnirencel Ofl.Oj 000 MEDEXP(Anyonep8r5«i)___ SJ.fJjJJ^QQ PERSONAL J.ADV IN JURY S 1 ( 000 , 000 ! GENERALAGGREGATE 52,000,000 PRODUCTS -COMPfOPAGG $2,000,000 3/6/2009 3/6/2010 i COMBINED SINGLE LIMIT ,, ...... nnni (Eaacadenl) * 1,000, 000 \ BODILY INJURY | , I (Per person) \ ' ; BODILY INJURY .: : (Per accirientj : 1 PROPERTY DAMAGE $ I AUTOONLY.EAACCID€NT \ S AUTOONLY':' MfJ~* 9/18/2008 S9/18/2009 EACH OCCURRENCE $4^000,000 1 AGGREGATE 54,000, 000 i s S ! S i WCSTAtU- OTH- i \ _LICBYjJMaSJ_i-6R ; - - ! i E.L EACH ACCIDENT ; $ El DISEASE -EA EMPLOYEE 1 ! ' \ E.L DISEASE- POLICY LIMIT S RE; JOB X09>0024 , AQUA HEEONJCA LIFT STATION, AVENIDA EMCINAS, CARLSBAD, CA . BROWN AND CALDWELL AND CITY OF CARLSBAD ARE INCLUDED AS ADDITIONAL INSURED PER THE ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION* 10 DAY NOTICE FOR NONPAYMENT CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 SHOULD ASY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXXXXXXX XX MAIL 30« DAYS WRITTEN KOTICE TO THE CESTTPTrATE HOLDER NAMED TO THE LEFT, XXX XXXXXXX XX XX XX xxxxxxxxxxxx xx xxxxxxxxxx xx xxxxxxxxxx xx xxx xxxx xxxx XXX XXXXXXX, XXX XXXXXX XX XXXXXXXXXXXXXXX . AUTHORIZED REPRESENTATIVE /,W~^ <4>~r ACORD 25 (2001/08)©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, A CORD 25 (2001/08) Jayme Foster From: Ross, Ronald Sent: Friday, May 29, 2009 9:19 AM To: Kodis, Marc Subject: FW: HASWOPER Marc, All individuals handling the drilling are HASWOPER trained, Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) From: Frank Moreland [mailto:fnnorel.arid@ninyoandmoQre.com1 Sent: Friday, May 29, 2009 6:48 AM To: Ross, Ronald Subject: RE: HASWOPER Yes, they will all be 40-hour trained and current Frank Frank O. Moreland, P.O., C.E.G. Senior Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 RuffinRoad San Diego, California 92123 (858) 576-1000 (X1225) (858) 576-9600 (Fax) fmoreland@ninvoandmoore.com Experience • Quality • Commitment —Original Message— From: Ross, Ronald [mailto:rross@BrwnCald.com1 Sent: Thursday, May 28, 2009 4:38 PM To: Frank Moreland Subject: HASWOPER Frank, At the NRG meeting today the question came up whether or not the individuals conducting the drilling and sampling are HASWOPER trained. Do you know? Respectfully, Jim*. l&rtLA ~P,£L, Jayme Foster From: Ross, Ronald Sent: Wednesday, June 03, 2009 2:50 PM To: Kodis, Marc Cc: Terry Smith; Frank Moreland Subject: Geotechnical Work Plan Marc, Please find attached the revised work plan for Ninyo & Moore's investigation in the tank farm. The new work plan includes NRG"s request for the addition of CBR testing as well as other items discussed- Please contact me if you have any comments or to confirm the work plan is adequate to proceed. Thank you. 106044002 WORK PLAN.DOC Respectfully, 9665 Chesapeake Drive, Suite 201 San Diego, California. 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (858) 514-8833 (fax) NINYO & MOORE WORK PLAN AGUA HEDIONDA LIFT STATION AND PIPELINES PROJECT Our Work Plan for the subject project is presented below: • Prepare a site-specific health and safety plan. • Mark borings for utility clearance by Underground Service Alert (USA). • Perform a field reconnaissance and mapping of the alignment by a California-Certified Engineering Geologist. • Drilling, logging, and sampling of 8 borings with a rubber tire all-terrain or truck mounted drill rig equipped with hollow-stem augers. Two borings will be drilled to depths of up to approximately 150 feet, one boring to a depth of up to approximately 60 feet, and five borings to depths of up to approximately 40 feet below the existing ground surface (or refusal). Relatively undisturbed drive samples and bulk samples will be col- lected from the borings for geotechnical testing. Samples from the four borings west of the storage tanks will be tested for California Bearing Ratio (CBR) and R-value. The bor- ings will he backfilled in accordance with County of San Diego requirements. The drilling program is expected to take 4 days. • Cuttings from the borings will be drummed and left onsite, labeled with contents and awaiting characterization. Once the characterization results are received determination of hazardous vs. non-hazardous will be made. Disposal will then be arranged. If soil is cha- racterized as non-hazardous, dirt will be spread in area identified by owner. If characterised as hazardous, the disposal process, including location for disposal will be developed for approval by owner. « Collect soil samples for environmental testing from up to four boring locations at 5-tbot depth intervals, or based on field observations, to total depth of the boring or to the groundwater interface (if encountered), using a standard penetration test sampler. • Collect one groundwater grab sample from each boring, utilizing a disposable bailer, if groundwater is encountered during drilling and is of sufficient quantity for sampling re- quirements. • Submit soil and groundwater samples to a fixed-base laboratory to be analyzed for total petroleum hydrocarbons (TPH) extended range by United States Environmental Protec- tion Agency (USEPA) test method 8015M(B) and volatile organic compounds (VOCs) and fuel oxygenates by USEPA test method 8260B. One soil sample per boring and two selected groundwater samples will be analyzed for Title 22 metals by USEPA test method 601 OB/7471, semi-volatile organic compounds (SVOCs) by USEPA test method 8270C, polychlorinated biphenyls (PCBs) by USEPA 8080, organochlorine pesticides (OCPs) by USEPA test method 8081 A, and pH by USEPA method 9040. Prepare one Irip blank sample for each day of field work, which will be submitted to a fixed-base laboratory to be analyzed for VOCs and fuel oxygenates by USEPA test method 8260B. Copies of all field reports/data sheets, lab reports and draft and final soil/geotechnical re- ports will be made available to Cabrillo. 10MU400: WORK PLAN DOC Page 1 of From: Sherri Howard Sent: Wednesday, June 10, 2009 9:42 AM To: Joe Garuba; Skip Harnmann; Bill Plummer Cc: Terry Smith; Jacob Moeder Subject: Site Vist to NRG for Coastal Rait Trail Attachments: CRT Reach 3 Site Visit to NRG.pdf; NRG contacts.pdf I have attached some pictures and comments from our site visit to NRG's parcel yesterday. The following summarizes our observations yesterday: The trail on the west side of the tracks is feasible. Additional study of Uie location is required. The challenges for the west side based on this field visit are: 1. Crossing the railroad from the east side near the sewer lift station. This may require a ramp and undergrourtding of the existing power lines and other users on the power poles. 2. Maintaining the tunnel vent. 3. Providing appropriate separation/screening from diesel storage tanks. 4. Maintaining the at-grade crossing and providing appropriate security measures. 5. Trail location in area of southerly transmission line. 6. Trail location in the vicinity of the open earthen drainage channel. 7. Maintaining the spur. 8. Access through SDG&E's property. 9. Access to the Cannon Court project. They have provided an easement and park area for the trail on the east side of the railroad tracks. 10. Based on the ALTA survey dated 01/10/01 for the property, there is a 20 foot road and pipeline easement to WD Cannon in the location adjacent to the fence. 11. Type of fencing/screen ing/security required to separate the trail from the active uses on the NRG west parcel. Public Works - Engineering Sherri Howard Associate Engineer City of Carlsbad Public Works - Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 760-602-2756 (Direct) fax 760-602-8562 fiJe://Q:\EngineeringShared\CapiTal Improvement Program\3949 Vista Carlsbad Intercept... 03/15/201 1 CRT Reach 3 Site Visit to NRG June 9, 2009 NRG site visit June 9 2009. Attended by Terry Smith and Sherri Howard - City of Carlsbad and David Lioyd and George Piantka with NRG. Potential location of grade separated crossing from east side of rail road tracks to the west side of railroad tracks. May need to underground power lines in the vicinity of a grade separated crossing. This location is at the northerly end of the NRG property west of future sewer lift station. Page 1 of 12 CRT Reach 3 Site Visit to NRG At location of railroad crossing, may need to ramp on west side to gain some elevation. Site appears to be 6-8 feet lower in elevation. June 9, 2009 The area between eucalyptus trees and property line fence is currently used as a lay down area for the dredge pipeline. Power poles are carrying distribution lines. Also appear to have telephone and CATV. o Page 2 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Page 3 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 View of location of entrance to tunnel under railroad tracks. Tunnel vent can be seen at right near power pole. Vent for tunnel under tracks. Page 4 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Current tunnel carries steam and oil from tanks. After new power plant constructed tunnel will carry the desalinated water conveyance pipeline. Entrance to tunnel under railroad tracks. Page 5 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Tunnel under railroad tracks. Page 6 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Diesel storage on right. Some eucalyptus trees will require removal. Diesel storage on right. Page 7 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Closer view of diesel storage. Existing at-grade crossing to be maintained. Page 8 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Transmission lines from existing power plant. No special requirements for a trail under transmission lines from NRG per David Lloyd (pers commun 6-9-2009). Tight fit at southerly transmission line. Page 9 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 At this point beyond the transmission towers, the area adjacent to the fence goes into an unmaintained vegetated open drainage channel. I did not take pictures of the drainage channel. The channel poses and issue and may not be a feasible location for the trail. The trail may better be located to the west of the channel. This area requires additional thought and research. , VX \ • X i v- The existing spur is to be maintained. SDG&E property to the south on the southerly side of the fence. In this location the drainage is conveyed in a pipeline, however NRG reps did not know size or material. The drainage outfalls from under the rail road tracks northwesterly through SDG&E's property. The open channel is unlined and erosion of earth channel is evident. Page 10 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Drainage on SDG&E's property to the south. Accessing Cannon Road through SDG&E's property could be a challenge. The yard currently is heavily used for maintenance vehicles. Terry Smith has a meeting scheduled with SDG&E for Thursday June 11, 2009 to discuss the scwcr pipeline alignment and the trail location will be brought up at this meeting. David Lloyd also stated he would talk to SDG&E. The railroad is at grade in this location so an at-grade crossing to access the Cannon Court project (West Development) may need to occur via the sidewalk on Cannon Road. Page 11 of 12 CRT Reach H Site Visit to NRG )une 9, 2009 The trail on the west side of the tracks is feasible. Additional study of the location is required. The challenges for the west side based on this field visit are: 1. Crossing the railroad from the east side near the sewer lift station. This may require a ramp and undergrounding of the existing power lines and other users on the power poles. 2. Maintaining the tunnel vent. 3. Providing appropriate separation/screening from diesel storage tanks. 4. Maintaining the at-grade crossing and providing appropriate security measures. 5. Trail location in area of southerly transmission line. 6. Trail location in the vicinity of the open earthen drainage channel. 7. Maintaining the spur. 8. Access through SDG&E's property, 9. Access to the Cannon Court project. They have provided an easement and park area for the trail on the east side of the railroad tracks. 10. Based on the ALT A survey dated 01/10/01 for the property, there is a 20 foot road and pipeline easement to WD Cannon in the location adjacent to the fence. 11. Type of fencing/screenirtg/security required to separate the trail from the active uses on the NRG west parcel. Page 12 of 12 Jayrne Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, June 17, 2009 2:50 PM To: Meghan Hearne; Ross, Ronald Cc: Frank Moreland; Jonathan Goodmacher; rlelakes@ymca.org; scottsdrilling@cox.net; tod@pacdrill.com; Ed Singer; LKuhns@nctd.org; Lisa Hill; Ken Mansir; Terry Smith Subject: RE: REVISED Drilling Schedule; Agua Hedionda Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thank you Meghan. Who are your contacts at the site for this week? Pedro Lopez will be your point of contact for next week. If you do not have his contact information (it looks like you may have), here it is: (760) 268-4070 (760) 644-0682 cell When are you planning to do the excavation for the existing pipeline inspection? Please let me know if you have any other questions. Marc Mure t. Kodis. /'/. Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Meghan Hearne [ ma il to: m h ea r ne @ pin y pa ndm go re .con i ] Sent: Tuesday, June 16, 2009 4:33 PM To: rrgss@BrwnCald.com Cc: Frank Moreland; Jonathan Goodmacher; rlelakes@yrrica,Qrg; scottsdriilinq@cox.net: tod@pacdril|.CQm; Ed Singer; Kodis, Marc; LKuhns@nctd.org; Lisa Hill; Ken Mansir Subject: REVISED Drilling Schedule; Agua Hedionda Hi Ron. As requested, here is our current drilling schedule for Agua Hedionda: Tomorrow. 6/17 at 8 am: MEET & MARK (as requested by NRG and Brown and Caldwell); Ninyo and Moore (myself) and utility locators will attend Friday. 6/19 at 8 am: N&M/Scotts Drilling to drill borings B-1, 2, 11, and 24; Molly Dana (SDG&E) and NCTD have been notified. Gate access needs to be coordinated with Chad (caretaker at YMCA); Scott will make sure his crew is up to date with NCTD certifications and will contact Lee Kuhns. Monday/Tuesday. 6/22-23 at 2 pm (after summer camp lets out): N&IWPacific Drilling to drill boring B-3; Chad agreed with the schedule on 6/10, I left voicemails with Ron and Chad to confirm that date and to confirm gate access for this Friday. Monday. 6/22 at 8 am: N&M/Scotts Drilling to drill borings B-5, 6, and 7 on NRG property. I confirmed this today with NRG site contact, Pedro Lopez ' NO DRILLING SCHEDULED FOR WEDNESDAY 6/24 (as of right now). Thursday/Friday. 6/25-26 at 8 am: N&M/Pacific Drilling to drill boring B-3 on NRG property. N&M/Scott's Drilling to drill borings B-8, 9, & 10 (most likely just Thursday). Should we have any changes, I will send out a revised schedule. Sincerely, -Meghan Meghan E. Hearne Senior Staff Geologist Ninyo & Moore Geotecfinical & Environmental Sciences Consultants 5710RuffinRoad San Diego, California 92123 (858) 576-1000 (x1271) (858) 576-9600 (Fax) (858) 688-8016 (Cell) mhearne@ninvoar>dmoore.corn Experience • Quality • Commitment Jayme Foster From: Ross, Ronald Sent: Wednesday, July 29, 2009 10:04 AM To: Kodis, Marc Subject: Soils Testing with the Tank Farm Marc, Below is a summary of the soils analysis for borings 6 thru 10 (see attached for locations). The only locations with elevated levels of hydrocarbons are B-6 (6-7 feet below ground surface) and B-7 (36 feet below ground surface). Pesticides were encountered at B-6 (17-feet blow grade). Also attached are the CBR's tested along the proposed pipeline alignment. Feel free to contact me if you have any questions. AHLS Boring 106044003 B-6 and 106044003 B-6 NRG CBRs.pdf Locations.pdf B-/ I.PDF through B-10 T,P... B-6 Petroleum hydrocarbons were detected in the shallowest sample collected in B-6 at a depth interval of 6-7 feet below ground surface (bgs); however, petroleum hydrocarbons were not detected in the next deepest sample collected at a depth interval of 11,5-13 feet bgs. Pesticides were detected in the sample collected at a depth interval of 16-17.5 feet bgs. Only one sample per boring was analyzed for pesticides; therefore, the extent to the pesticides in soil at this boring are not know based on the current data. Groundwater was not encountered in this boring. B-7 Petroleum hydrocarbons were detected in the sample collected at a depth of 36.0 feet bgs; however, the sample collected at 40.5 feet bgs was not analyzed. Petroleum hydrocarbons were not detected in the soil samples collected from 6.5 to 31 feet bgs. Groundwater was not encountered in this boring. B-8 through B-10 Contaminants of potential concern for which the samples were analyzed were not detected in the samples analyzed from B-8 through B-10. Groundwater was encountered in B-9 and contaminants of potential concern for which the sample was analyzed were not detected. The presence of petroleum hydrocarbons in soil indicates that the soil is a waste. Pesticides were also detected in B-6, which also indicates that the soil would be classified as a waste. Based on the concentrations detected in the samples analyzed, the soil would be classified as a non-hazardous waste, which could be disposed of at a local Class III landfill. Respectfully, 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (858) 514-8833 (fax) Agua Hedionda Lilt Station, Forccmain, and Interceptors Carlsbad, California July 15,2009 Project No. 106044003 Table I - Soil Sample Analytical Results Sample ID B-6 6-7' B-6 11.5-l.V B-6 16-17.5' B-6 20.5-22' B-6 26.3-27.3* B-6 3 09-31. 8' B-6 3 5 5-36.0' B-7-6.5 B-7-11.5 B-7-16.5 B-7-20.5 B-7-26 B-7-3 1 Date Collected 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 Depth (feet bgs) 6-7 11.5-13 16-17.5 20.5-22 26.3-27.3 30.9-31.8 35.5-36.0 6.5 11.5 16.f 20.5 26.0 31.0 TPH C6-C44 (mg/kg) 6.4 ND ND ND ND ND ND ND ND ND ND ND ND Detected Title 22 Metals (mg/kg) - - Barium - 38.6 Beryllium- 0.478 Chromium - 10.3 Cobalt - 6.5229 Copper - 3.73 Lead - 0.573 Nickel - 3.41 Vanadium - 29.7 Z:nc- 13.1 — - - - ~ ~ - - —Barium - 356 Beryllium - 1.110 Chromium - 9.17 Cobalt - 3.37 Copper- 5.6 Lead- 1.45 Nickel - 5.45 Vanadium - 30.3 Zinc- 33.1 VOCs (Hg/kg) ND ND ND ND ND ND Nt> ND ND ND ND ND ND SVOCs (mg/kg) -- — ND — - -_ - - - - — ND Detected Pesticides (*tg/kg)PCBs (}ig/kg) _ — Rndosulfan 1-25 Endosulfan II- 12 | 4.4'-D0T-13 1 .. - - ~ - - -- - „ ND ND — „ .. - — — - - ,. ND pH -- — 7.98 „ - - -- - —- •- — 7.7.3 I of 3 Agua Hedionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No, 106044003 Table 1 - Soil Sample Analytical Results Sample 1 1) B-7-36 B-8-6.5 B-8-11.5 B-8-I6.5 B-8-21 B-8-25.5 B-8-30.5 B-8-35.5 • B-9-6.5 B-9-11.5 B-9-16.5 B-9-20.5 B-9-25.5 B-9-30.5 B-10-6.5 B-10-11.5 Date Collected 6/25/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 Depth (feet bgs) 36.0 6.5 11.5 16,5 21.0 25.5 30.5 35.5 6.5 11.5 16.5 20.5 25.5 30.5 6.5 11.5 TPH C6-C44 (mg/kg) 230 ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND Detected Title 22 Metals (mg/kg) - Barium - 18.2 Chromium - 6.97 Cobalt - 4.06 Copper - 0.959 Lead- 1.46 Nickel - 2.22 Vanadium - 27,6 Zinc - 6.83 -- - -- - -- „ „ -- - -- Barium - 30.9 Beryllium - 0.603 Chromium - 7.12 Cobalt - 2.43 Copper - 4.7 Lead - 2,85 Mercury - 0.382 Nickel - 3,22 Vanadium - 9.49 Zinc- 19.8 - - - VOCs Og/kg) ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND SVOCs (mg/kg) - ND —- - -_ - ,. -_ - ND - —- Detected Pesticides (Mg/kg)PCBs fog/kg) — ND -- - -- -- -- „ -- .. -- •- ND -- „ -- ND - „ -- -- .._ —- - -- ND pH -- 6.29 -- -- - - -- — - -- „ - 8.47 I - .. - — —.. 2 of; Agua I ledionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No. 106044003 Table 1 - Soil Sample Analytical Results Sample ID B-l 0-16.5 B- 10-21 B-l 0-25. 5 B-l 0-3 1 B-l 0-36 Date Collected 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 Depth (feet bgs) 16.5 21.0 25.5 31.0 36.0 TPH C6-C44 (mg/kg) ND ND ND ND ND Detected Title 22 Metals (mg/kg) - Barium - 23.0 Beryllium -0.595 Chromium - 4.95 Cobalt- 1.86 Copper - 2.37 Lead -0.755 Nickel - 2.32 Vanadium - 9.90 Zinc- !7.0 - - - VOCs (fig/kg) ND ND ND ND ND SVOCs (mg/kg) - ND - -_ Detected Pesticides (Mg/kg) - PCBs (jig/kg) — ND - - - ND - — .. pH -- 8.36 - —- Notts: bgs - below ground surface itig/kg - milligrams per kilogram Hg/kg - miurograms per kilogram DDT - dichloFodiphenyltnchloroethane PCBs - polyehlonnaled biphenyls SVOCs - semi-volatile organic compounds TPH - total petroleum hydrocarbons VOCs - volatile organic compounds — • Nol analyzed 5 of: DRY DENSITY vs CBR 115.0 120.0 125.0 130.0 DRY DENSITY (PCF) 135.0 Description Silty SAND Symbol Sample Location B-7 Depth (ft) 0.0-4,0 Soil Type SM PROJECT NO 106044002 DATE 7/09 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-27 DRY DENSITY vs CBR 0 120.0 122.0 124.0 126.0 128.0 130.0 132.0 DRY DENSITY (PCF) Description Silty SAND Symbol Sample Location B-8 Depth (ft) 0.0-4,0 Soil Type SM PROJECT NO, 106044002 DATE 7/09 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-28 DRY DENSITY vs CBR 0 120.0 122.0 124.0 126.0 128.0 130.0 132.0 DRY DENSITY (PCF) Description Slity SAND Symbol Sample Location B-9 Depth (ft) 0.0-4,0 Soil Type SM ^/fzy#*^«mre PROJECT NO. 106044002 DATE 7/09 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-29 DRY DENSITY vs CBR 115.0 120.0 125.0 130.0 DRY DENSITY (PCF) 135.0 Description Silty SAND Symbol Sample Location B-10 Depth (ft) 0.0-4.0 Soil Type SM PROJECT NO. 106044002 DATE 7/09 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-30 o Agua Hedionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No. ! 06044003 Table 1 -Soil Sample Analytical Results Sample ID B-6 6-7' R-ft 11.5-13' B-6 16-17.5' B-6 20.5-22' B-6 26.3-27.3' B-6 30.9-3 1.8' B-6 35.5-36.0' B-7-6.5 H-7-11.5 B-7-16.5 B-7-20 5 B-7-26 B-7-3! B-7-36 Date Collected 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 Depth (fcet bgs) 6-7 11.5-B 16-17.5 20.5-22 26.3-27.3 30.9-3 1. S 35.5-360 6.5 11.5 16.5 20.5 26.0 31.0 36.0 TPH C6-C44 (mg/kg) 6.4 ND ND ND ND ND ND ND ND ND ND ND ND 230 Detected Title 22 Metals {mg/kg) „ - Barium - 38.6 Ben-Ilium - 0.478 Chromium - 10.3 Cobalt - 6.5229 Copper- 3.73 Lead - 0.573 Nickel -3.4 1 Vanadium - 29.7 Zinc- 13.1 — — —- —- —- -- Barium - 356 Beryllium- 1.110 Chromium - 9.17 Cobalt -3. 37 Copper- 5.6 Lead- 1.45 Nickel - 5.4S Vanadium - 30.3 Zinc -33.1 VOCs (Mg/kg) ND MU ND ND ND ND ND ND ND ND ND ND ND ND SVOCs {mg/kg) -- - ND —— - - -, — —- — ND Detected Pesticides (US/kg) - - Fntlosulfan I -25 Endosuffan 11 - 12 4.4'-Bl>T - 13 - - „ ~ - - - ~ - ND PCBs (fi£/kg) - - ND —- - - - - -_ _ ND pH — - 7.98 — „ —- — — — — — 7.75 Notes; bgs - teto\v ground surface mg/kg - milligrams per kilogram Hg/kg- niicrograms per laiograrr PCBs - poivchlonnated biplienyls SVOCs - semi-volatile organic compounds TPH - total petroleum hydrocarbons VOCs- volatile organic compounds — Not analyzed 1 of 1 Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy,com] Sent: Friday, October 02, 2009 10:56 AM To: johlson@airxus.com Cc: Terry Smith; Ross, Ronald Subject: RE: NRG West Work Order Letter 8-21 -09 Attachments: License and Access Agreement AirX.pdt Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Hi Damie, Please see attached License & Access Agreement draft for your review and signature. If you are in agreement, please sign and email back to us scanned document. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-21S8 Original Message From: Damie Ohlson [mailto:1ohlsonOairxus.com1 Sent: Friday, August 21, 2009 4:15 PM To: Kodis, Marc Subject: NRG West Work Order Letter 8-21-09 Marc - Attached please find our work order and our insurance certificate. If there is anything more I can provide to you, please do not hesitate to phone me at 760- 480-2347 or email to lohlsonQairxus.com. Thank you for this opportunity, Jamie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Esconditlu, CA 92027 PH 760-480-2347 FAX 760-739-8034 (20090821) Information from ESET NOD32 Antivirus, version of virus signature database 4357 The message was checked by ESET NOD32 Antivirus. http://www.eset.com ACCESS AGREEMENT 1. This Access Agreement is made as of October 2, 2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and AirX Utility Surveyors, 2534C E El None Pkwy, Escondido, CA 92027 ("Licensee") in connection with conducting inspection excavations along an existing sewer line easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises"): an area where an existing main line sewer pipeline runs along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee for a 60 day period the right to enter onto the Premises and conduct inspection excavations in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Inspection Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Inspection Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any unacceptable (as determined by the Licensor) excavation spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and i ACCESS AGREEMENT - AirX all claims, suits, losses, damages, demands, causes of action and liabilities of any kind or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insure ds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed ACCESS AGREEMENT- AirX by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. CABRILLO POWER I LLC AirX Utility Surveyors (Licensor) (Licensee) BY: By:, Authorized officer Its: ACCESS AGREEMENT-AirX EXHIBIT A Insurance Provisions 1. 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 Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury, property damage, premises/operations, products/completed operations, independent contractors, broad form contractual liability, separation of insurcds, and no exclusions for any of XC&U exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers* Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability limits of $1,000.000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) 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 Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties 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. ACCESS AGREEMENT- AirX Jayme Foster From: Kodis, Marc [Marc. Kodis@nrgenergy.com] Sent: Monday, October 12, 2009 12:41 PM To: johlson@airxus,com Cc: Ross, Ronald; Terry Smith'; 'Stephen Tueting' Subject: RE: NRG West Work Order Letter 8-21-09 Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Come into work Monday and things change. Can we make it a start first thing Tuesday morning (10/20) instead? Note that initially, all contractors involved with the work will need to go through contractor onboarding which will take an hour. From: Jamie Ohlson [mailto;johlson@_alnais.cgmj Sent: Monday, October 12, 2009 12:11 PM To: Kodis, Marc Cc: rross@brwncald.com; Terry Smith'; 'Stephen Tueting' Subject: RE: NRG West Work Order Letter 8-21-09 Sorry - typo on my part. Yes, October 19 is fine! Jamie Ohlson *. Business Manager 2534 C East El None Parkway Escondido, CA 92027 PU 760-480-2347 FAX 760-739-8034 From: Kodis, Marc [mailto:Marc.Kodis@nrgenerqy.corn] Sent: Monday, October 12, 2009 12:06 PM To: johlson@airxuK.com Cc: rrossigibrwncald.com: 'Terry Smith'; 'Stephen Tueting' Subject; RE: NRG West Work Order Letter 8-21-09 Request is for 10/19. Hope that is OK. From; Jamie Ohlson [mailto:johlson@alraus.com] Sent; Monday, October 12, 2009 12:01 PM To: Kodis, Marc Cc: rrQss@brwncald.com; Terry Smith'; 'Stephen Tueting'- Subject: RE: NRG West Work Order Letter 8-21-09 Gentlemen - At this point, 10/29 looks fine. Ron - could you please send me a list of the additional work that you have so that I can be sure we have proper equipment and man power on that date. Thank you, Jamie Ohlson Business Manager 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 From: Kodis, Marc [mailto:Marc.Kodis@nrqenerav.cornl Sent: Saturday, October 10, 2009 7:57 AM To: 'johlson@airxus.com' Cc: 'rross@brwncald.com'; Terry Smith Subject: RE: NRG West Work Order Letter 8-21-09 Schedule conflicts have occurred. Please consider delaying start now to 10/19. Thank you. From: Kodis, Marc Sent: Friday, October 09, 2009 2:58 PM To: johlson@airxus.com Cc: rross@brwnca Id. com Subject: RE: NRG West Work Order Letter 8-21-09 First thing Thursday morning, next week? From: Jamie Ohlson [mailto:1ohisonCa)airxus.com I Sent: Friday, October 09, 2009 2:04 PM To: Kodis, Marc Cc: rrossc3ibrwncald.com Subject: re: NRG West Work Order Letter 8-21-09 Marc - Attached please find the signed License and Access Agreement. Please let me know how and when we can begin work. Thank you, Jamie Ohlson Business Manager 2534 C East El "None Parkway Escondido, CA 92027 PI! 760-480-2347 FAX 760-739-&034 Information from ESET NOD32 Antivirus, version of virus signature database 4494 (20091009) The message was checked by ESET NOD32 Antivirus. http://yyww.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 4500 (20091012) The message was checked by ESET NOD32 Antivirus. http://wvvvv.csel.coin ___________ Information from ESETNOD32 Antivirus, version of virus signature database 4501 (20091012) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Information from ESETNOD32 Antivirus, version of virus signature database 4501 (20091012) fhe message was checked by ESET NOD32 Antivirus. http://www.eset.CQm Information from ESETNOD32 Antivirus, version of virus signature database 4501 (20091012) The message was checked by ESET NOD32 Antivirus. .eset.com Jamie Ohlson From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Friday, October 02, 2009 10:56 AM To: johlson@airxus.com Cc: Terry Smith; Ross, Ronald Subject: RE: NRG West Work Order Letter 8-21-09 Attachments: License and Access Agreement AirX.pdf tinm License and Access Agreement A...Hi Jamie, Please see attached License & Access Agreement draft for your review and signature. If you are in agreement:, please sign anri mtw i 1 bank t.o us scanned document. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Original Message From; Jamie Ohlson fmailto: johlson.@airxus.com] Sent: Friday, August 21, 2009 4:15 PM To; Kodis, Marc Subject: NRG West Work Order Letter 8-21-09 Marc - Attached please find our work order and our insurance certificate. If there is anything more I can provide to you, please do not hesitate to phone me at 760-480-2347 or email to johlson@airxus.com. Thank you for this opportunity. Jamie Ohlson Business Manager AlRX Utility Surveyors, lac. 2534 C East El Norte Parkway Escontiido, CA 92027 PH 760-480-2317 FAX 760-739-8034 Information from ESET NOD32 Antivirus, version of virus signature database 4357 (20090021) The message was checked by ESET NOD32 Antiviruo, 1 ACCESS AGREEMENT 1. This Access Agreement is made as of October 2, 2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and AirX Utility Surveyors, 2534C E El Norte Pkwy, Escondido, CA 92027 ("Licensee") in connection with conducting inspection excavations along an existing sewer line easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises"): an area where an existing main line sewer pipeline runs along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee for a 60 day period the right to enter onto the Premises and conduct inspection excavations in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Inspection Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Inspection Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will he identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any unacceptable (as determined by the Licensor) excavation spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives* successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and i ACO-SS AORREMENT- AirX all claims, suits, losses, damages, demands, causes of action and liabilities of any kind or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation OT theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR CROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may he limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AN1> LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed AfX'KSS AfiRRFMRNT - AirX by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. CABRJLLO POWEEILLC AirX Utility Surveyors (Licensor) (Licensee) BY: _ By: $%M* /}_ Authorized officer Its; \/,f{ Fi£U> <?/•£#/» r*»t* ACCESS AGREEMENT- AirX EXHIBIT A Insurance Provisions 1. 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 Patties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury, property damage, premises/operations, products/completed operations, independent contractors, broad form contractual liability, separation of insureds, and no exclusions for any of XC&U exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000,00 (whether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability limits of $1,000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parlies. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogatiotf clause in favor of Licensor Related Parties. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited will) Licensor at least thirty (30) 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 Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties 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. ACCESS AGREEMENT - AirX /. JT -//« •€-4W /- ^. o TerrySmith ____.. ^.^ From: Terry Smith Sent; Friday, October 16. 2009 5:14 PM To; 'Kodis, Marc' Cc: 'scott.vatentino@nrgenergy.com'; 'Ross, Ronald' Subject: Esrnt. Requirements for Sftwer I iff Station and Force Main Attachments: Document.pdf Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If Ihis is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled w/ater main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a prnhlem, please call me to discuss We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station arid one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss Thanks, Terry Smith Terry L. Smith Sr. Civil Engineer Engineering- Design Division City ot Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 vwv/v .::.?• lsbadca.gov P. (760)602-2765 F (7GO) 602-8562 terry snuth@carlsbadca.gov o • CfTY OF CARLSBAD | —" BROV> MO CAtDWGILkv Dr.r«. Buili 200 PROPOSED IMPROVEMENTS o BROWN Aim CAI.DtCLL | PROPOSED IMPROVEMENTS JaymeFoster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Monday, October 19, 2009 10'23 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category I plan on being at the site so they can contact me. I will let you know if things change. Please provide names of those that will be at the site. I would appreciate if you could put together a quick work plan. I know we used a previous boring as evidence that the material was acceptable to put back. Can you provide the soils data of the closest geotech/environmental borings that you performed? What depth and area are you estimating the excavation to be? From: Ross, Ronald [mailto:rross@BrwnCald.com1 Sent: Monday, October 19, 2009 9:12 AM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Who should AirX coordinate with for the work tomorrow? Respectfully, Jixm. (856) 514-8822 (Office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodis@nrgenergyxomJ Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [mailto:rrossPBrwnCald.com1 Sent: Friday, October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also Respectfully, Civil (858) 514-8822 (office) (858) 514-8833 (tax) From: Kodis, Marc (mailto:Marc.Kodis@nrgenergy.com] Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday. I am not sure I have that version of the layout. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Jayme Foster From: Jamie Ohlson [johlson@airxus.com] Sent: Monday, October 19, 2009 2:23 PM To: 'Kodis, Marc1; Ross, Ronald Subject: Potholing Contact Information (2) Attachments: Potholing Contact Information (2).doc Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Gentlemen: Attached please find the updated Contract Information with our information on it. Thank you, Jamie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 The following contact information shall be used while conducting work within NRG Property and on or around the 42-inch sewer. In the event of a pipe failure or if the integrity of the pipeline is compromised: Contact Encina Water Authority and the City of Carlsbad IMMEDIATELY. Encina Water Authority 1. John Jardin Director of Operations Office: (760) 268-8820 Cell: (760) 801-9113 2. Bruce Dale Assistant Director of Operations Office: (760) 268-8821 Ceil: (760) 801-9110 City of Carlsbad 3. DonWasko Public Works Superintendent Office: (760) 438-2722 x 7138 Cell: (760) 802-4756 4. Terry Smith Carlsbad Project Manager Office: (760) 602-2765 Cell: (760) 613-8205 NRG Energy 5. Marc Kodis Regional Engineering Manager Office: (760) 710-2142 Cell: (760) 535-2119 6. Sheila Henika Environmental Engineer Office: (760)268-4018 Cell: (760) 535-2705 Brown and Caldwell 7. Ron Ross Project Manager Office: (858) 571-6719 Cell: (619)200-4893 9. Steve Tueting VP Field Operations AIRX Utility Surveyors, Inc. Office: ( 760) 480-2347 Cell: (760)419-2183 8. Jeff Endersby Task Manager Office: (858)571-6732 Cell: (858) 349-8117 10. Kenneth Jones Crew Boss AiRX Utility Surveyors, Inc. Office (760) 480-2347 Cell (760) 644-9102 Jayme Foster From: Jamie Ohlson Oohlson@airxus.com] Sent: Monday, October 19, 2009 2:25 PM To: 'Kodis, Marc'; Ross, Ronald Subject: PROJECT APPROACH - Potholing Attachments: PROJECT APPROACH - Potholing.doc Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Gentlemen: Attached please find our Work Plan for the Cabrillo Power Plant project, Thank you for this opportunity. Damie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 PROJECT APPROACH Utility Potholing Utility Potholing is bound in terms of scope by the contract with the client and is subject to constraints therein and to organizations such as Underground Service Alert, all of the domains that have right of way or franchise rights in proximity to the utility of interest. Upon receipt of a signed contract AirX proceeds in typically this order. 1. The area is pre-marked as an area demarcation and then called in to Underground Service Alert (USA), 2. The area is inspected for the drafting and submission of Traffic Control Plans and a permit and fees are paid (if required). On occasion traffic control must be submitted for multiple jurisdictions such as another municipality, Caltrans, Railroad or a Flood Control District. 3. Any special notifications, such as a request for a standby, are made at this time. 4. Upon completion of the utility mark outs, minimum 48 hours, the pothole locations are marked and excavation can begin at any time thereafter. 5. Not all utilities are required to be marked by USA, so it is AirX's responsibility to find the appropriate party or mark these utilities directly. 6. In the case of sewers and RCP storm drains a transmitter or camera equipped with a transmitter are inserted into the pipe for a location at the desired point on the surface. 7. For locating purposes large RGB storm drains or utility vaults may require confined space entry or hazardous materials protection, all performed according to industry standards. 8. Placement of traffic control devices are made in accordance to the traffic control plans. 9. AirX contacts the municipality of jurisdiction to request an onsite inspection for traffic control and excavation. 10. At this time any construction site BMP's imposed by the permit are installed and monitored. 11. Once exposed the utility is either surveyed directly (rare), or the alignment and depth arc marked on the surface for later recording by surveyors if required (typical). 12. All potholes are backfilled and compacted and patched per the terms of the agreement with the city engineer or public works inspector. 13. All spoils, water and extracted pavement are removed from the site. 14. All equipment and traffic control devices are removed restoring the site to the status quo. 15. AirX documents all of the work performed and provides the client with a spreadsheet or full report per the requirements of the contract. Probably 95 percent of all projects follow these procedural guidelines. On occasion there are extenuating circumstances requiring additional follow up, such as difficult soil conditions, the discovery of unclaimed utilities or unanticipated utility modifications not shown on the plan or marked by locators in the field. Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2009 2:40 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Sooner the better. Thanks. From: Rcsb, Ronald frnailto:rrQSS@BrwnCald.com] Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday. Hope that is OK. Respectfully, !>.£.. (858) 514-88 22 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Harc.Kodis@nrqenerqv.coml Sent: Wednesday, October 21, 2009 2:17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you. From: Kodis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [mailto:rross@BrwnCald.coni 1 Sent: Friday, October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also do you have a POC for AirX (Potholing sub) to coordinate with for the work on Tuesday? Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Marc,Kodis®nrgenergy.coml Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday, I am not sure I have that version of the layout. Thank you. Marc A. Kodis, i>\-: Regional Engineering Manager NRG West Suite 104 1817 Aston Avc Carlsbad, CA 92008 Off 760-710-2142 Ceil 760-535-2119 Fax 760-710-2158 Jayme Foster From: Ross, Ronald Sent: Wednesday, October 21 , 2009 3:28 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, I have another staff member work on it and should have it to you in an hour. Sorry for the hold up. Respectfully, Cliril £ (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [ma llto: Marc. Kodis@nrgenergy,CQm] Sent: Wednesday, October 21, 2009 3:00 PM To: Ross, Ronald Subject; RE: Current layout for Sewer Lift Station Ron. do you have an earlier version cad file immediately? Has the location changed at all since the 50% design? If not, do you have a cad version of the 50% design layout? From; Ross, Ronald [mailto:rrQSS<8)BrwnCald.cQrn1 Sent; Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday. Hope that is OK. Respectfully, 7&TM- TJersUL T.H cfcjHjJaH. Civil (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Harc.Kodis@nrgenergy,com] Sent: Wednesday, October 21, 2009 2:17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you. From: Kodis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [mai|to:rros5(5)BrwnCald,com'l Sent: Friday, October 16, 2009 1:45 PM To: Kodls, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also do you have a POC for AirX (Potholirtg sub) to coordinate with for the work on Tuesday? Respectfully, Civil. (858) 5 14-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mai Ito : Marc. Kodis@ n rgenergy .com] Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday. I am not sure I have that version of the layout. Thank you. Marc A. Kodis, n-, Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-7 1 0-2 1 42 Cell 760- 535-21 19 Fax 760-71 0-21 58 Jayme Foster From: Ross, Ronald Sent: Wednesday, October 21, 2009 3:46 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Attachments: AHLS-PROP-SITE.DWG Marc, here is the lift station site plan you requested. Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodis@nrqenergy.cQni] Sent: Wednesday, October^!, 2009 3:00 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, do you have an earlier version cad file immediately? Has the location changed at all since the 50% design? If not, do you have a cad version of the 50% design layout? From: Ross, Ronald [mailto:rrossCa'BrwnCald.coml Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday, (lope that is OK. Respectfully, JZtTHL TttT&JL ~P.£.. cFejcitrt. diril t^H^XM.c.c.'i. (858) 514-8822 (office) (858) 514-88 33 (fax) From: Kodis, Marc [mailto:Marc.Kodjs@nrgenergy..com.] Sent: Wednesday, October 21, 2009 2:17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you. From: Kodis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [mailto:rro55@BrwnCald.cpm3 Sent: Friday, October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also do you have a POC for AirX (Potholing sub) to coordinate with for the work on Tuesday? Respectfully, Jlcm. «J*<LK*«J*L (858) 514-8822 (office) (858) 5 14-8833 (fax) From: Kodis, Marc [mailto:Narc.Kodis@nrgenerqy.coml Sent: Friday, October 16~ 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday, I am not sure I have that version of the layout. Thank you. Marc A. Kodis, PC Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-71 0-2 142 Cell 760-535-21 19 Fax 760-710-2158 Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Friday, October 23, 2009 4:57 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Esmt, Requirements for Sewer Lift Station and Force Main Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thx Terry. Have a good weekend. Original Message From: Terry Smith fmailto:Ierry.Sfflith(5)car'lsbadca.gov1 Sent: Thursday, October 22, 2009 6:23 PM To: Kodis, Marc Cc: rross(5)brwncald.com Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As T mentioned, last Friday we reviewed Al TA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks. Original Message From: Terry Smith [mailt^ Sent: Friday, October 16, 2009 5:14 PM To: Kodis, Marc Cc: Valentino, Scott; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will he preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith Terry t. Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov P: (760) 602-2765 F: (760) 602-8562 terry.smlth@carlsbadca.gov teexuaaarmm BROWS Mffl CALD1T3LLINSd Qvt*t|«aiji;e Once. 3uH* KI9QS*n »«-*«, C» WIZ3 OTY OF CARLSBAD PROPOSED I Jayme Foster From: Ross, Ronald Sent: Friday, October 23, 2009 12:34 PM To: Kodis, Marc Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Attachments: CA San Diego Document-Year.DoclD-1964.113886.pdf; Parcel_2A.DWG Marc, Attached is the easement document and drawing for parcel 2A for the existing 42-inch sewer. Respectfully, Ron Ross P.E. Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833 (fax) Original Message From: Terry Smith Fmailto:Terry.Smith0carlsbadca.eov1 Sent: Thursday, October 22, 2009 6:23 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As I mentioned, last Friday we reviewed ALTA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks. Original Message From: Terry Smith Cmailto:Terry.SmithfScarlsbadca.govl Sent: Friday, October 16, 2009 5:14 PM To: Kodis, Marc Cc: Valentino, Scott; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will bt> preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith Terry L. Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92808 www.carlsbadca.gov P: (760) 682-2765 F: (760) 602-8562 terry. smith@carlsbadca.gov . .. , SPECl At nmCTl JwZ^ oisPrSi IERI|S 5 anbn i«ie»"BfFICIH HecOUBSi*noi£()oi;oiiHTtii:*Lir. No*»lft U 1 •'. \ 0 - 8 SAN DIWO GAS I SL "ELECTRIC COtPANT, * eerporttiee, »« Ormt-or, for ••'•.. ; •(• | • -" ':.j • ••-, / •: . '•. ,: tna in consideration of the'eun of Ten Cellar* and otlwr valuable consider*Uon, does • 'I'- ' 3 • - 1 ' ' " '.•'•"nerotiy Kr»nt t» Tn»J; V1 «ta "saaiia.ti.on District, a County sanitation district, «id The City of Carl*bad, a municipal} corporation,,.a» tenants ir cowmen, hereinafter the OmittM? their) eu«ce* th» hewint/tar dtaeribed repair, •aelgna, An land*, to *re«t, erat* a server pukplng' station,' .all •'s i- . vpon, under andj i, rv;c..struct, roplacn, «ew*jr lat«r»l pipeline*, witb ,«U tb« iv»ceoo«r *qupB»Dt «M »pp\BT«i»oenii t*or»to, tof(«ther with «n «cces« re»d owtt^and «ro30 th« b«r*innrt«r d*«erib«d l«oii«, • tOK«thor with thojright ;to cl»t? «£'•)«« p. clear »*id ««ae»ent» fwn •structures, m&t«ri»la • •ot.h«r|h«iu-d», in •. Kitten o«ia »»cwnwnt«h«r»6y in th» Cisy of C«rlib«d, County of siw> Dligjt,' St»t« or C«lirorni», »ad »i» p«rticui«rly • S»id «*'««mnt far ««v»r pumping «it« In «or« i certain portion of l>ot."H" of fUincto Agua Hediond*. tan City jot Oexljob^i, _Coun-sy of S»n Dien°, .S.tate. of C»liTorjil«, ftccordinij to the.PwrtitiGd Hap thereof No. |823, filed'in the office of th» County Recorder of said Coanty of Sar, Diego, November 16, .JjijtJsB EnstMiy lino of the 100.00 f oot? rlRht of • jway of Th« Atehlaod, Tapelea and SantajFe R»ilvfay oppojrlte'Kmjiixjer's [Station 2!7? plao i!0,60, said Ea^noer'o fttatloiv bein? distant 1931.20 > feeV South»'attflrly| along- "t*« eentir lin« of;»*l<l ri^ht.of way from ; its tntoro«ctioa uith We, Northerly b«»nii«*y 'Of naid Ranchej thnnc«: f Southerly aienfe aidd Easterly line «T right of vay ,101?.3 feot 10 *' j point at rjjgtit ongjles. Eaoterly-froa tbs e«nt«r line of aaid riuht of sw&y;ot Kngineer'd iStatlon ?262 plus. Su.60^ oald point beiiwt sine «v | right angles Eastwly, a diatance of 75.00 feet fro™ Ui« eent«r line . ; or Relocation; of said Railway opposite Engineer'; Station !26l, plus : 31,80 of eiild-relieation as do scribed in Oeeds fro« The AiolCoon, ;Toaeka andjS*nt« le n;il«ey Cotspany, »"corporation, to Kelley ,'IjivostmentjCorapanj, a oi«-j)or«*ieBJ T«corded August 21i, 190?. in Book IIi76f. at paw kO of :D*edB and Hay 3, ,1?11, -fr Book 51? at pa^o JJ2 • » of Bonds, Secords of said County of San Diego, saia last rnnllona!) ! {poiilt io'tbe T!lU6;.rCJW OP SEOBWIMC of the a«v»r pwpiwi sWtisB i ! sito heroin deserib«d; th»nc« from *»id TBVE ;POIMT OF 2EOII<.';I,VO i North 37* 28'.,00" I West C»*5K«'tic bearing ,'per »e<«S recorded in »»i9 (( .Soak Ii76 lit page 40), along ,'U)« .VortaeMwriy right cf va/ U«c *' ) sai'd Railway aod kleng » Ho« Mat is parallil vith (Wi 7S.OO f»et f Hortheasterly, sicisured Bt riEJ>^ani>le«, *fro» saio cent*? l.lB" of j reiooetioiS ol' Sjilway rigSt of way, * d.ta'.Anc* »f 59.?! '"»t -° • /5 I r i» COPY point, which ntdcl point" IB h*r«iTUif t*y Jcsevn uMi <losifin.»ue<l »o Point .*A"i:th*«e« nonUaoijiij «l«ftR s«ld *orth»iLit«j*ly rlebt 'of vay'lliw, H diatkne«|ef tiO.O? X**t;' tb«ju:» sWtbw*«t»rty at right «nsrl«B ''to- IwlS Hfn 'tb»wrt*rty rlkh* ; of -v«jf !iin* J »• <***t«i« •of 75.00 i'ent to|'» of Railway rlfjjhtt of v«yXin* of Railway,! * di'irtJ *t right -iwglJ»*|W said Xlnrof Mid AtoU.Bon, Tope)c«-«nd Fe Rtlv«y -" '' Parcel 'i In Xh*- said center lir>« of! relocationthonc« 'StfutlMUtijrtjr. along amid eenu»r of 7120VOO . th«*e«cenMr Ua*'a5-B«lls«y,l » olaine* at ' ' op«k» »nd right of vay, »B]'CB»id E wtwrljr 'line la o>4wrtb«d' tn * B»*d • frox„.,„-.. ,_...'_i..._J. y^ .«', e«rpo>»tian;_ W TIM'A&eniiMn, ''-,'» eorporiiion, iw«ord»d said County of £{»n !Dleg;)j th«KC« Along s*.l<tE«i)t*Tl7 rl£ht of ine.J« diae»nc« oil 2,3.00 r**t. nor* or loan, rx> U» TKCEOP pEoiwqro: S»id: »ttaoB«Bt ;ror jwwor«leacri*«(f! us IO£LOW» i | - tlint .certajjn portion of wltlhifl th«j. bou™»Wlea of in nor* Ixit *H* «f H*ncfto et. ljd.ni; 8.7,5 foat.f jiwuanAd »t. right icif;l»t on vich'i licla a.' felloving. cl«aer£p«a\ c«s»r; !!»••» • .' 'C aaiw nc Iji g -* t Ww point of ' dLn-*tr3ji g -* w point of ' lln« of ti>» rigMt of wi§r of Tiw AteSlson, top«k* nod C«jiu» r« /lsl'lw«y C!o»pftsy,1 «S s«ia rifibt ai" v»y v« *»t»bli»5wd on I?li8, -with'th* SJ«o.-Sh«w(iU'!-3jf lia»-«T ?thf. loud <£«a«rtlw<s to S«n :Dl*go 0*sl k "' ' ' Official R«cordef of o«if Co ' . tb*.South««»t«Ply line: of ] of TRtJE- P01W'1 OP. BJ- POIWT JOFrf 6U.OO fe«t W « potat, - of t*« ,»w»ar ,th«ac» Korth 66* SJ.* ZO* 3Kl»c%rie Co*;>*ay«« potnl i« dw h«r»ln a«ixjri;«a, 10"' Dwid nicofded-li|'B<xjk:ll722 tt p*S* 350| «i*oo»':rro« '»*U TRUE WB.T OBEOINWItKlj, »wr6h M^: OC'J 3«>""V»»t-.-<R«c»«l jto-ij-, J73*: o6« x»»t5, .lonj . ItnO'thkts.iB'-piunUtl vLth *ad li',00;'<»t .KorOwMVrly, o«fcsur»a «i thor«i'a»ii" 3637.57' J^««t, .aicjri or I ' ..i"Lv»5'"CeB?»nj''< right; t! > its, to t point. 'cf Vnvreecuon *1U, ' U;q C.*;i tfi County HwborrtBrjor rule' - l»irf •tir^r f ot t> MI la Av«n»,; .-.jM liij'ih» officn of ciulM fix* f««t 1.0 uho pol/it o,' i AVII, .«, vitit th«! c»-.'*,r; •1 .•'oilw.i! roiih 3K" • oKrv* 'in rr^Gf Ko, lir'OS, f* l**t .1; U.i i»rf.<;«* tf ^.i1"Cour.ty of S*r, J'lf*tfo; Ui^.'x:^ ;.'>•.•!.': ,)** 'v ' 38" 03' Ui" }'.»>', IIT- r,»itl Kiip nW1,';, nU-i-. of tf»* lOCI.QC foot r'..;ht or- -<j« n,' -, h« nL« » Roll*»;< Coi'f«r^, « .HsS*.'.\« 'if '.";.!.! o.' u«y l!,i,»t wst'i '-.-.i- >»r.v«r it;* ».' . contrntn nor.'-.-c'-.r;', :? tht CWUB'./ ii«nf».-aor tr istu21* «'«et, nioii,.; *f.o :.ei;Ui i»o. s.?-.'; i;r.'.y vT .-%J. ' i>,r $>,,M ". «f -VW c«ntnr lli«« of C(ilv<-.,«;i'.>, OS1 tyy JCmt fsoi;^. ii* o.T ih" I'm: ,>.!•:•; -•) r*jj• •.•-•$). ^ Southwesterly,,, jr*diue ot 600.00 f••tj thence ScuthnwtarUy _—„._ s .off1 eald'eianr*,: ttoov^fa,;;* contra! knp.1* of. 7* 03' 30", i distaftee^of' 731.91 fee4 to a polat of intersection .vitto tb*NorthftrlTi'tfiualary atari of raid Jiot- ,«H" ol Rancho Agu* Hediond*, •aid point; oC'lntwssetioa being tbe:.TRO£ POCJT OF BBODWIWJ ofthe 8<m9ivipip«lSne i«ao«Wat h»r«in d»aerj-b«d} th«nc« from B*ld ' yao&JC/DRi.tf; EEOIHNJMcf-Sotttti 31* OZ»: 30*-Ea»t,' * ctt.staae«-;ftf•.j;6foni»».;«f *<-«Maeist 'curwB.'s'eoncw* -Sou.tbw«st»rly, havlug. i: radius of sLOO.OO f«»tj,ltttnc« aouuho«.v.riy »long -ths i«rc oiT said'- 8urv«,- tirouf(W «.e«ntr«l>'«cl*- «* •' 8* CX>V ' 00", Kdlstttnc«!*f; 83.J8 Jettj tli«no'« S<n»th 5S3T 02V30" Ewt' (a«c<Brd South' 23* 06' |*8t);:"» <ll»t«ic«gof U87;:,86 Sett to tt» .t^glimingj of » '^.«j3g«nt|ouirv«, • concivo Northe«iet«rly, having « ,rtdins of bOO'.OO Ie»tj] tti«nci Southft»»t«rly fclonK Xh«. »ro of said eur|r«, thwmgh ••'» centr«l «agl« of 18»V 26i' 06*, a''dlit«w«of 128. t,0i?e*t^ more; or le»s, to:;*.:point «f ••icfcwMotioa-uith. tba NwWivea'beely Una]' of' the l«nd Ascribed '*bor« in P«re«l 1. j>ij'i' ''?:}' "; ! ' --. •••) j •:•>< 4 , -.. •'••;.,;• . .Said ««.«eiiient for ro»d IB more particularly d«aerib»d u follow"*'. '••••"[ „ ' .]; ;'•••. ' .' :;.'...•,...• , . .-.. 'That cerUin portion of said Lot "H" of R*acho Apa» a«dlon<U lying vithln the boundarlee of . » atrlp'oX luxl 20.00 f«et In width, lying XO.OO f*«t,;,»'»*<ifu»«t,at Jright »ngl«5B o.-> «»ct> eld* Of the following described .e«nt*r''-.lii»^;'..'il ..... •/.-.;•..•". •.•=•!. • •'fie'ldaaia^'tt tb»jpolnt d*aign*tei '»» ToiJtt "A" lc Parcel 1 *b ova, faftid : P<^INX. OF SiCDWlSO , b«ts»g *;. po'iat 'in /tb* ' wns of * aon.-ur%cnt bt»ve, -ctmcKw Southwstertjr, b»Md«« * rtitltw <rf--' <''«^ •«!<'" ««r»» pissing through .e»id point 1-,~ non-wagom. uuivj v<~-— -- £;S ^^^^^y^^^^^rs^^^N^^^'Jfss^s1."' •" -" "••' o^a c^-Ua 4 :«b^.-.J ««*•. —»w^ "8lsns r ^^ ••*** KLl vork in eajnoctioij witb'tbe pw pipeline and «^WU-. ^ ^'do.e'in a vorWiXe-— «- » acc^^, wit, aUJ^-^f ^ •*«**>• ^ ^^ *°1'.^C-830rS- assign, or ««uf *»| j- —«—' ^ ^ ~ W °r^°r>8 ^"^ " future foolli-Wes; .oo<;ilpiica .byj of snid road find js^15! ijipoli™ or arj.3ing from tin construction and/or Mfcii •Mltbtn said Grantor'a property. ***"* DiWWN BV, CliGCKiO !W SKETCH no. -.3 - Jri-M i-. j .!- * '-..-•frow.the Southeasterjly taRninui of th* re*3 easeaont described above in Parcel J; thenoe Sootheasterly alone the center line' of «aj« existing road vniofi lo parallel with and llj.00 f«et NoitheaBterly. from Mem North*»st*rly line of The Atchison, v ' " '' - i1 '• .' ' ' j ' "' . ' •''Topska a«l Santa Ft Billvay ttorroanjr' a right of vay to the Southe*tt»r3y liae of Orantor' 3 porcal of land, the ft«nt«jr LLn* of snia txisUw; Toed beinv coin«ld«r.t»li • '• 1 •' .-:nr wi« ;»»wor pipeline eaaewent described abov* ia. Parcel JA.i • ' • . • • .•>OranSor roaerrea unto JtsflT, ltB'mi!c««aorB »nd assign*, u» n^-ht t« »•• • •!•'•. ^ ^ 'I • . I ' ,the gub«urf(le«, surface »ncl jairsp*^ t*or*tiv«r, of ttw 1»rolnb«ror« 4»«<:rlt«<J• . •:'•', . i ''••'•• 3 . i . '' itad tcwer plpellna o»sunwnt3 for th» lust»lli.tlon of such f *cilitl«s is it ?ih«ll now OP In the futura dtt«n , provided,', th*v wch p«s«nr«d',.. • •u«« rights sh»U r»otjb» «xarsis«4 by th« Orantor, lt» »UCC*«M»OT» or in such manner so tct.be incompatible with the rights herein i ' '" i., . j- :Qrant«« »p-rc»a that if1 'or nay rt»oon s*ld 'by Mid. • •Qr»nt«« for & eontinuoBS period of jent (1) y««r,' tb«n all rights herein granted mv»rt to the Grantor, its n'icctesors cr '^asigiia, autoowtloilly and without' '.th» necessity of re-entry or notlc*, • I- '•:-•]. ::Or«.uvo«, theiap ouaomori, *3l«lgru« and arrar,geii»nt8 with 'Orantor1!! tenanla a< nay be nocassary, ! agr»fl to 'auch furttter acre* to accept ui reeponslBility for damage to crops and/or property at said Ua«nt« : ' i- . i ' f !i ! •'occasioned ty or arising out of tb* oon»tr«otient iwinwn«ne» or use of ,o«l<l i '(•'• - \ Iroadway and s«w»r p^jelinej j San Diego p«j i' Electric. Conaany hcrtioy covtsnanta and d«cl<ir«s in"••• §•• : '"• > ' 1 •' ' jwith tho PublioJ Utlttftios Act of the State of California, thav thr * i' if - r "• i. hor«inabovo daaicrib^d i^ rioc /jeceaoarj' or useful" in vu«J p«rforn*iine oi" to tho public, and it is not needed for or useful in the conduct of Its but<tii«ua. IH WJfWJSn WHE^BSOT-, tho Crfafllw t!a/ of ._ . . -/ZkK UEOO i i -.m••H •m STATE OF CX£ffORHJAs|)coum or SAN DIEGO OS THIS PttblioTnajxl oworn,frw ««JL(l' County .atad St«t«; r»«iding ih - : th«t '<ix«qutfld |t*« w if '«M>I &t'&£0«^T :" Sady to t* th«to b« jr-XRtas"* EUKTO.G CCWWVNIJ: « Borpw«tioa( tt» ,In»txu»»nt, taown toljM-te b* th» parsons who th«r*in iHuwel, «d»pursuant JOHN Wm. GRAYBV^U «iic • C*i.iri iflwcifKl Of^cc I UN'. 01 SCO'COUNTY ' H ,1 ThU is to eerttty that tl><! interest in real.,prop«rty conveyed by'the deed 'OT grant dated April 9r;.i964,Jr|in:Saa. DteR* Gai ..* Electric Company; a corporation, aii ipriXtttoii, lOitbcViita, Sanitation.District.! potUical corpofalion and/or govcrn«!ientali!agcncy| ia Jusrcby, tfce«pted'by o«i«'i' of th« Board of Directors of sa|<i,Diitrict oniXPT'12".-'1^"lantlt*v" S"1"1"" aonuentu torceorilatlon chorsof by hi-diiiy anthorir.ee'ijfricer. ; Date*; Arfil »7.| .964. | £&£^ ^ J- ' / ' ** ->^-^-^*-!JL— ..P'A/, V<--<-'>*-OALETW'D, riNCH, tirtcrrwrv of iH" I',.... r-i «7r. Thl« in ta fforttry thnlS tho inso^'et Jri rnal prnporty I)/ ofidrjr jor »*w'ci-..;' i^nuit *f %'•» "•.'" '•:' T-nMhat »B"".'".•.r, v ttw.^* '*»y "I '•'•"•'T- f'''';-/ • f,'' '!'•• «:r,:.'..i\ loiwntb"\\ '...'..',' O ,,to rueorUiiUonHrifltiiofl by itd.iiaJy auihotjaoc <s,....our.c/'^,'V':r;''i^:V;. . .1 ,"'•,,•,.! • - • ; ;'._"!.'•... , '-I ^'\:r\ If ' :| I cm OK CUII.SBAD vV-: '"' •"'• •''•>•' I '• 1 ., , , _, > ..>/••;:. .,.'.,:'"-' : il Bit,-' ..-•^.•I'V< -•• ;.<Y<VS City Clerk /ifLcr recofdinR,; iTiai!: to'. Lclha O, fincti i ; P.O. Box I8». \fini:*. 'Calif. BEST COPY Jayme Foster From: Ross. Ronald Sent: Friday, October 23, 2009 2:24 PM To: Kodis, Marc Subject: RE: Esmt, Requirements for Sewer Lift Station and Force Main Attachments: 5370survey_base Layoutl (1).pdf Marc, The AutoCAD drawing is coordinate correct (state-plane) for importing into any cad files from your surveyor. I attached a pfd of the file overlaid onto the topo at the tunnel location. In the graphic the red line is the NCTD right-of-way and in blue is are the limits of the sewer easement. Please contact me if you need anything else. Respectfully, Ron Ross P.E. Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833 (fax) ----- Original Message ----- From: Kodis, Marc [mailto :Harc . Kodis(S)nrgenergy..±cpm_l Sent: Friday, October 23, 2009 12:42 PM To: Ross, Ronald Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Ron, I don't see any background on the drawing, ----- Original Message ..... From: Ross, Ronald [mailto: Sent: Friday, October 23, 2009 12:34 PM To: Kodis, Marc Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, Attached is the easement document and drawing for parcel 2A for the existing 42-inch sewer, Respectfully, Ron Ross P.E. Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833 (fax) ----- Original Message ----- From: Terry Smith [ mailto : Terry . Smith(8carlsbadca . goy.1. Sent: Thursday, October 22, 2009 6:23 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc., your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject: RE: Esttrt. Requirements for Sewer Lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As I mentioned, last Friday we reviewed ALTA surveys of the area encompassing the forced main pipeline. Tn past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station sile to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks. Original Message From: Terry Smith [mailto:Terrv.Smith(8carlsbadca.gov1 Sent: Friday, October 16, 2009 5:14 PM To: Kodis, Marc Cc: Valentino, Scottj 'Ross, Ronald' Subject: Estnt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that i am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Jerry Smith Terry L. Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov P: (768) 662-2765 F: (760) 662-8562 terry. smithglcarlsbadca. ROV Terry Smith From: Terry Smith Sent: Wednesday, November 25, 2009 11:34 AM To: 'Kodis, Marc'; 'scott.valentino@nrgenergy.com'; 'Lloyd, David' Subject: FW: Esrnt. Requirements for Sewer Lift Station and Force Main Attachments: Document, pdf To All; As we agreed in our meeting of October 15,1 sent you an exhibit on the following day showing the area we need for permanent easement for both the pipeline and sewer lift station. Although I have had a couple phone conversations with Marc since this date, I have repeatedly requested a written response to this e-mail and exhibit. I do not want to spend time and money preparing plats and legal descriptions for something that you will not sign. Additionally, I am still waiting for a draft agreement to address all of the other access issues during construction etc. Lastly, I also need NRG's formal position on the cost of these easements. I have discussed this issue with the Planning Department and it was always their understanding that the easements would be provided to the City at no cost. If NRG does not agree and wishes to be compensated, this obviously changes the process and I need to hire an appraiser. I appreciate the cooperative effort we have experienced to date, but the process to resolve issues has been taking much longer than it should and is beginning to affect our project schedule. As you know, the lift station and bridge need to be replaced as soon as possible because of their age and a sewage spill in this area would be devastating to the environment. Please let me know when I can expect a written response to these issues Thanks, Terry Smith Original Message From: Terry Smith Sent: Friday, October 16, 2009 5:14 PM To: 'Kodis, Marc' Cc: 'scott.valentino@nrgenergy.com'; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith S' I I \\ y "V-, ^C^yct" ! K t- <• *? N ^3 C i (, |. COPY Terry Smith From: Kodis, Marc [Marc.Kocns@nrgenergy.coin] Sent: Friday, December 18, 2009 12:39 PM To: Terry Smith Cc: Lloyd, David; Valentino, Scott Subject: Followup from recent discussions Follow Up Flag: Follow up Flag Status: Flagged Terry, This is a follow-up to our conversations over the last few days. We look forward to continuing our discussions and working towards mutually agreeable arrangements relating to proposed use of Cabnllo Power dedications and easements. We confirmed to you that we are in the process of arranging for releases of existing bank encumbrances on Cabrillo Power's real property so that dedications and easements can be tfmely made to meet the Poseidon project financing requirements. We also indicated that the process is complicated and expensive, and that we preferred to complete all of the land arrangements at the some time since it involves multiple parties (lenders, Poseidon, the City, other property interests). You advised us that the City is currently working on an agenda for a January 4m meeting in which various property use items will be discussed. We stated several basic principles regarding the open issues, which need to be resolved as a package. These issues include: • The scope of the second pipeline encroachment outside of the existing pipeline easement, and the extent of proposed land requirements for new improvements at the lift station; • Identification of construction timing and restrictions, contractor and equipment staging and lay- down areas, access, and landscaping; • Access/loading across and on the existing sewer easement for future Cabrillo construction and operation needs; • Coastal Rail Trail alignment, including an NCTD under-bridge crossing on the north end of the property; • NCTD double tracking improvements, upgrade and cost of the private crossing access, and potential cost sharing arrangements among the various users; • Easement for and installation of new reclaim water facilities, a connection for each of the Encina Station and CECP, and service, and sewer service for CECP; • Compensation for lease/easement use beyond the scope of the POP commitments; and • Transfer and use restrictions on the coastal bluff property. Thank you in advance for providing a copy of the Interceptor Alignment and Sitting documents and Preliminary Design Report developed for the project. Pending review of these documents, we believe that an agreement could be reached on multiple uses for the proposed pipelines and lift station improvements and we remain open to discuss mutually acceptable conditions for the extensions proposed. We would appreciate your consideration in including the issues identified above and look forward to seeing the City's proposed agenda for the January 4!h meeting. Finally, if you should have any further needs for any Encina Power Station site visits, please contact me directly at 760-535-2119, or Scott Valentino at 760-710-2145 or David Lloyd at 760-710-2147. Marc A. Kodis, I>E Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 City of Carlsoad 1635 Faraday Avenue Carlsbad, California 92008 (760) 602-2720 ENGINEERING DEPARTMENT LETTt* OF TRANSMITTAL TO NRG West 1817 Aston Ave,, Suite 104 Carlsbad, CA 92008 DATE December 21, 2009 JOB NO. 3949 ATTFNTION Marc Kodis RE: Vista / Carlsbad Interceptor Sewer WE ARE SENDING YOU D Shop Drawings D Copy of letter Dated [2 Attached Q Under separate cover via _ the following items: D Prints D Plans D Samples D Specifications D Change Order Q COPIES 1 DATE 12/21/09 NO,DESCRIPTION CD of VC Sewer Design Reports (pdf format) containing: Siting and Alignment Study dated June 30, 2006 Final Preliminary Design Report dated September 2008 THESE ARE TRANSMITTED AS CHECKED BELOW: [~] For approval (El For your use |~~1 As requested D For review and comment C3 For your action G For checking G Approved as submitted G Approved as noted G Returned for corrections Resubmit,copies for approval | | Design only, not for construction fl Return corrected printsa REMARKS AS yOU requested, I am providing you with copies of previous design reports prepared for this project that establish the basis of design for the current project. The plans and specifications for the project are currently nearmg 90% complete. The information contained in the reports has been discussed with NRG since the early stages of the project in 2005. If you have any questions, please feel free to call me at (760) 602-2765. COPY TO. File 3949 - Correspondence - NRG SIGNED: Uenclosures ar'O not as noted kindly notify us a? o/?ce Jayme Foster From: Ross, Ronald Sent: Wednesday, December 30, 2009 10:02 AM To: Kodis, Marc Cc: Terry Smith Subject: RE: Autocad versions of 50% design for Lift Station Attachments: AHLS Site Plan.dwg Hello Marc, Hope you had a happy holiday, Attached is the latest lift station plan. I have all included the waste water pipelines, grading and station facilities. Respectfully, (858) 514-0022 (office) (858) 51 4-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodis@nrQenerqv.com1 Sent: Tuesday, December 29, 2009 11:06 PM To: Ross, Ronald Cc: Terry Smith Subject: Autocad versions of 50% design for Lift Staton Hi Ron, hope all is well. Would it be possible to get autocad versions of the 50% design drawings for the Sewer Pipeline/Lift Station/Bridge on the Encina Power Station property. We would like to integrate the images into other planning documents that we are developing. Thanks. Happy Holidays! Regards, Marc A. Kodis, />/; Regional Engineering Manager NRC West Suite 104 1817 Aslun AVC Carlsbad, CA 92008 Off 760-710-21 42 Cell 760-535-2 119 Fax 760-71 0-21 58 2.0ID MEETING AGENDA V/C SEWER & COASTAL RAILTRA1L PROJECTS - COORDINATION WFTH CARLSBAD ENERGY CENTER PROJECT January 4, 2010 9:30 a.m. to 11:00 a.m. Carlsbad City Hall Law Library 1. City to Present Trail Alignment Options - East vs West • Review Exhibits • SDGE & Poseidon Issues/Conflicts 2. Sewer Lift Station and Pipeline • Easement Requirements • Schedule • Construction Access, Staging and Laydown • On-Site Environmental Mitigation for CSS • Future Recycled Water Line • Compensation for Easements - POP Commitments 3. Carlsbad Energy Center Project • Protection of Existing Utilities • Availability of Recycled Water • Sewer Service • Access Roads 4. NCTD Double-Track Project - Private At-Grade Crossing • Potential Cost Sharing 5. Transfer of Coastal Bluff Property to City «K ^=> ./ ' 7^ """ c /2 - / '/.>.-• t-/ Coastal Rail Trail - Reach 3 Railroad Track - Eastside vs. Westside Alignment Alternatives Monday, January 4, 2010 ALTERNATIVE A - Alignment Located on East Side of Railroad Tracks a, BENEFITS: i. Least amount of retaining walls are needed estimated at a reduction of 11,100 SF compared to the west side alignment. Least amount of grading, clearing, and grubbing required. Least amount of asphalt paving with an estimated savings of 67 tons compared to west side, iv. Construction cost is less than West side alignment with a savings in a range of $750,000 to $1,000,000 because of the more direct alignment, less grading is required, and has the least amount of retaining walls required. v. Bends in the alignment are significantly less compared to west side alignment, because the alignment proceeds directly off the proposed bridge crossing Agua Hedionda Lagoon and proceeds straight south to Cannon Road. vi. Coastal Rail Trail easement can be placed directly above and remain within the sewer pipeline easement. vii. Coastal Rail Trail improvements can be used to provide vehicular access for maintenance and repair service by the City for numerous facilities including the trail, the existing and proposed interceptor sewer pipelines, the proposed recycled water pipeline, the proposed sewage lift station, and by SDG&E for their gas pipeline. b. CHALLENGES: i. Need to develop satisfactory solution to resolve vehicular conflict with NRG's "at grade crossing" of the railroad tracts. ii. Need to consider impact of crossing the SDG&E "Substation site" property. SDG&E staff indicated they will not be able to commit to alignment at this time, iii. Trail will need to consider providing protection from potential chemical storage area for NRG's proposed power plant. iv. Requires the trail and pedestrians to proceed from the east side of the rail road tracks to the west side of the tracts using the "at grade crossing" of Cannon Road, v. Will require easement from Cannon Court property. ALTERKAT:"E.H . Alignment Located on"West Sidft of. Railroyj .T>arkR ~ 1, .. ., ,u. ,((< c. BENEFITS: ar.tivs "at nradft crossinas" of the rail road tracks for\j» o.^ pedestrians using the trail. The exception is the rail road spur to the existing NRG power plant. ii. Provides direct access to west side property which could potentially be developed by NRG, and SDG&E, and a more direct access to Carlsbad Boulevard and the adjacent coastal area. iii. Provides a better view from the trail of the coastal areas and ocean on the west side of the tracks. iv. Provides access for pedestrians to tour the Desalination Plant when it is constructed v. West side alignment is supported by NRG staff. d. CHALLENGES: i. Liquefiabie soii is noted along that portion of the trail alignment located adjacent to and on the south side of Agua Hedionda Lagoon. May have up to 6" settlement in the event of an earthquake. ii. To proceed under NCTD bridges requires the profile of the trail to be much steeper than east side alignment approaching maximum allowed of 5%. iii. Will cost potentially up to $1M more because of additional retaining walls, length of the trail, and associated improvements. iv. Need to develop satisfactory solution to resolve vehicular conflict with NRG's "at grade crossing" of the railroad tracts. v, Will need to consider protection from the chemical storage area of the proposed Desalination Plant. vi. Will need to consider "emergency access from Cannon Road" for Desalination Plant. vii. Will need to provide Poseidon Resources access to 54" desalinated product pipe line and pump well for maintenance. viii. Traffic conflict with railroad spur to NRG's existing power plant ix. Alignment will require crossing • SDG&E "Emergency Equipment/Maintenance Yard" property adjacent to the railroad tracks requiring revisions to their existing entrance driveway from Cannon Road. SDG&E staff indicated they cannot commit to approval of alignment across their property at this time. x. Simultaneous access by heavy equipment for Agua Hedionda Lagoon dredging operations must be considered where trail is adjacent to the lagoon [cONCLUSiONS a. The; east'side •aijgnrr.aiii has 1fi& iovi/fes-i -construction oosi ra:i<j!r.y ;. a savings of $750,000 to $1,000,000. b. The east side alignment impacts the least amount of NRG and SDG&E property because the trail would be placed within the required sewer easement. SDG&E staff is acceptable to approving the Sewer Easement. c. The east side alignment provides Maintenance access for several facilities. d. The profile of the east side alignment is relatively flat compared to slopes approaching 5% for the west side alignment. e. The west side alignment is more aesthetically appealing, provides better views of the ocean and the adjacent coast and lagoon, and provides better connectivity to coastal areas and potential commercial development of NRG and SDG&E property. f. The coastal rail trail would cross SDG&E property on the east side and also on the west side alignments. SDG&E staff verbally indicated they cannot commit to approval of an easement where the trail would cross their property for either the east side or west side alignments. y. NRG staff verbally indicates support for West side alignment. COPY o !i BA C3AS1A. 3M. TRAIL C \ COASTAL RAJL TRAIL- COSCKPTl'AL JKSGN '':.'CITY OF CARLSBAD'' J455 ! XXX-X o T ^i ~™f" «fW* f**i •Jbt- "\-_ tfamn _:_QASUL RAIL TSAII {FAS" SIOF) ^\------' \ K'-i 8A COAS1AI RAJj 1HAIL !WEST SIDr) SI. DESIGN CITY OF CARIfBAD '- -- KtelTAl ftii 1?Ai - KtO/! £ASTd WESTAUGNt&NT / -J- • E* T7.5' S£WLtt £SW' -fx 5' C*S £800*0 «Su* I— ^»"ftiCR) (?AHS^tY - ^.---rO/'^'-li,- i.OCii'^.'i -OF PU«P **£"U fOff 5-«" Sn?J«t Ptf^ie^T rrw^w^rroATr r^frj™. US?" W" '^U» — flt(SP*1CSii» /ft / I «*"-'''s r t* o*w«*c ^!K,r» v**f A <t? 7 >v y CQASIA. SAU man CONCEFTl'AL Dfe'fG^ COKTM AU. TMU. =«A>J KSra W£STALIGNMENT23+00 TO 3<*00 * 28*00 TO 3W» xw-x o / // .-T-* "i" -~\I IS! -N J^'CIN ftFAOt i- (**<owv*c (u&; COA5TAI RAII TRAIL COASTAL RAIL TRAjl ;ali\\ CONCEJTU4J, DtS.'GN TO eNOis&ocroEND /t RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO. EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned flrantar(s) declare(s): Assessor's Parcel No.. 210 010-26&41 Documentary transfer tax is $0.00 Project ID: 3492 } computed on full value of property conveyed, or Related Project ID ( ) computed on full value less value of liens and Project Name: Agua Hedionda Sewer encumbrances remaining at time ol sale. Lift Station & Force Main Replacement ( ) Unincorporated area: (x) City of Cartsbad, and __ GRANT DEEP OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CABRILLO POWER I, LLC, a California Limited Liability Corporation the owner of real property described herein located in the City of Carlsbad, San Diego County. Californiahereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad. County of San Diego, State of California: PARCELS A-1 & A-2: SEWER LIFT STATION AND APPURTENANT FACILITIES the public sewer easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and structures of any kind, whether above or below the surface of the ground Said facility may include pipelineo, pumping facilities, odor control treatment facilities, chemical storage, structures designed to screen or grind wastewater, structures designed to enclose emergency electrical generators anU all facilities, 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, gales, doors, locking devices, alarms, lights, and all other protective facilities and devices. The easement for said facility may also be used to revegetate or create native habitat as required by necessary City, State or Federal permits The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Giantoi hetein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee, PARCEL A-3: SEWER PIPFI INKS the public sewer easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating al! wastewater, including surface water, stream water , flood water and ground water flowing into said facilities, and structures of any kind. whether above or below the surface of the ground. Said easement may include gravity sewer pipelines, sewer force mains and buried structures necessary to facilitate inspection and cleaning of said pipelines. The use shall also include a means of access along said easement for thft purpose of constructing, operating, repaying. maintaining, inspecting and reconstructing said facility. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted within saici ecisjKiiieiil, The easement shall not be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses descriDed nerein without the express written approval of the Grantee LOCATION OF THE EASEMENT The easement granted herein shall he located within and upon the properties more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only III HI III It! ill 111 III III III III III HI III III DATED OWNER: By; (Sign Here) (Print Name Here) (Title) By: (Sign Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED) MOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUi COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPQWFRING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAiD INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OP THIS EASeiMENI, IHt PARTIES CONSULT WI1H ! HtlK ATTORNEYS WJTH RESPECT THERETO. (Print Name Here) (Title) CALIFORNIA ^ Stale of California County of ______ On Dale personally appeared before me, Here ltis«t--{ N;«me isns Jitla c* the Olficer Nanetejol Sicjn who proved to me on the basis ot satisfactory evidence to be the person(s) whose narne(s) is/ace subscribed io the within instrument and acknowledged to m© thai he/she/they executed the same in his/her/their authorized capacity(les), and thai by his/hcr/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s>f.ce Notary Seal Aoovo Signature. OPTIONAL nough the in formation ijetuw >s tivt required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment cf this form fa another document. Description of Attached Document Tilla or Type of Document- Document Date:_. Number ot Pages: Signer(s) Oth^r Than Namoo Above: Capacity(ies) Claimed by Signetfs) Signer's Name: !™l Individual LJ Corporate Officer—Title(s): . U Partner—\j Limited Gatifiral Z. Attorney in Fact ~ Trustee Guardian or Conservator !..! Other: Signer Is Representing:. Signer's Name: . G individual U Corporate Officer — Title(s): D Partner — ._ Limited ! I General ~ Attorney in Fact 1. Trustee ~ Guardian or Conservator G Other:..._._________ Signer Is Representing: i >,aary Association* S3:>0 LW smn AIB., a-O.Bcw 8102 •ChaSwwth.CA 9Kii3-e40!»vnv« NasiKinlVxarii.r.rg ito-n «590,' Rwc»*jr C«l<T«l-F«ic 1-8COST6-68? > EXHIBIT 'A' 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-r. 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 67529'44" WEST (RECORD SOUTH C7-"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, ACCUHUINU lU PAUCLL MAP IHhKtOh NO, 19300, HLtU 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), 2,581.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 67U29'4411 EAST, 35.25 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT 'B1, THENCE NORTH 03"20'54" WEST, 128.24 FEET; THENCE NORTH 23*1121" EAST, 273.84 FEET; THENCE NORTH 30'00'00" WEST. 225,65 1-tET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 79°19'59" WEST, 84.4] FEET TO A POINT HERINAFTER REFERRED TO AS POINT 'C'; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 7<ri9'Sft" WFST, 57.03 FEET; THENCE NORTH 69°10'01" WEST, 3800 FEET; THENCE NORTH 40°47'01" WEST, 63.50 FEET, THENCE 30C30'59" WEST. 3490 FFFT- THENCE SOUTH 61C52'54" WEST, 1422 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THF SOUTHERLY TERMINUS OF A NON-TANGENT 1,974 99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76*17'1 5" EAST; THENCE ALONG SAID EASTERLY LINE SOUTH ^'aO'ltr EAST, 30287 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 02305'40"; Tl ICNCE 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 4C' DESCRIBED ABOVE IN PARCEL 'A-1', SAID POINT ALSO BEING ON THE SOUTHERLY LINE O(- PARCEL 3 OF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79*19-59" WEST, 5/.03 FEET. THENCE NORTH 69J10'01" WEST, 38.00 FEET; THENCE NORTH 40'47'Or WEST, 63,50 FEET; THENCC 30°30'59" WCST, 34.90 ITCT; THCNCC 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 76r'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 VV3'. 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 22C30'16" 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 'B1 DFRCR1RED ABOVE AND A POINT ON THE SOUTHERLY LIME 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. 1,69675 FEET TO THC SOUTHERLY LINC 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 LEGAL DESCRIPTION: (50-<TIONS QF ~>ARCI ! S 3 Ac f* O* CD1TFICATE Or COMPLIANCE ^LCO^OI :) OCTOBER 30, /'OOI AS DOCJVtElsT \OS. 2DO' 0789C67 A; ?QO' 07S9C68, 01 0~.-:C:A_ RECORDS, AS SHOWN ON \<;- OCR D OF SURVEY • /;sbo. i vn\c; WHIN iOi 'H' OF ^ANO<0 AGUA -i:«):C\i.JA .N '•-:h CilY Cr CA^_S3AD, COwN'Y (}• KAN 11 EGO, S^AT: or CA: .FCKMA, ACCO^:MKG "0 T 'L PA^il'lCN MAP "MEREOF \O. s/:5. ii.:..) M --E cr'icr cr HE CCX.N'Y K^CG-:::IR Of SA,} (X),;N"Y 0" s.\\ "u.r,o. NCvcwDri^ IG, "^QR ASSESSOR'S NO.: ?'•;') -010-26 & ' BASiS OF BEARINGS: Tl I i'iASIS CK 3EAr< NGS TOR T-IS r;xAWI\:.; S 'HE CA|_.rU'<NIA ^OUKU'NA • SvSI-fv '963, ZCNL 6 l;hl'W-h\ ICON'S Ob/ AM) U' AS S' OWN O^J -\-(;0^0 0( S... K'VI Y i /?7: , OWNER: ^6fJC CARLSBAD BCU. fVAKI) CAi^SDAD, CA 9/OOt; N:;ICAI' " -AS-^EVT A-"?EA SAN DILCt 'O TC f\::iMIA5, CA, 9202^1 -;--C>,:: (760) 753-5525 CIVII E^GINCuRlNG • PLAMNINC "..Arv} SURVEY NG S/7E" PACIFIC \ \ OCEAN \\ 0\ \ I "r k !' VICINITY MAP NO SCA. I g£Sj§^ m ii*-[ No. 7442 \U\ Exp. 6/30//0 Uj VA, A^\°>vv£ f/£ti_u,v,, ^ AK'.)^F/*JG. KAKVlI'S, I'J1 S 7^42 DAT Vj' PW5370 EXHIBIT "B"SHEET 2 of 3 EASEMENT PLAT G^v- SDNR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY) s--_ - A xv \ \ PW5370 \\ EXHIBIT "B" EASEMENT PLAT PARCEL 3 SHEET 3 of 3 LtNGIH RAO I 35.75' SDNR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY) ; 11 i Nbi-i VJ C" W _' 2 ' 200'WSSiSKmf:,xMi IZ/ / / SAN O.EGOlTO EKCiMKK^ING, INC. LNC N 'AS, Ch 32021 •J-ONJi : i'/fiCO "53-5525 CIVI_ LNCNrTRlNG • P...AKN KG I AM") SURVEYING !S-=D AH P.PW5370 2DI{ Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Wednesday, January 26, 2011 6:04 PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Thanks Terry, I had dialog with SDGE this morning and reviewed documents that they presented. From what everyone has Said out before me, it looks like the poles, wires and 1/2 of the lift station are in NCTD territory, I think we're out and it's up to you and your folks to resolve, Further, the electrical outage that SDGE wanted to do at the plant has been resolved. SDGE will shut off the lights tu the lift station on Friday rather than the power plant. That resolves a lot of confusion presuming you know about that too? m.j.p. —Original Message— From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Wednesday, January 26, 2011 5:59 PM To; Pearson, Michael Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours :•. < • L p lal• lil I thinl • • id< m ep • g ess with JDGE today, but we still have issues with the easement. It looks to me like SDGE does not need an easement from NRG. We laid out the new line on our topo with pole loc :': ons tnd oyr survey of the right-of-way line and it appears that it is entirely within the railrod I ighl -of-way I hope to get is resolved tomorrow, I'll keep you posted, Terry Smith From: Pearson, Michael [mailto:Mike,Pearson@nrgenergy,com] Sent: Tuesday, January 25, 2011 4:10 PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Thanks Terry, I'm in an awkward position right now. The Asset Manager quit. The Lawyer that knew all the details has left. I want to do good by the YMCA. I don't have the horsepower in my company to anything other than to make recommendations. With that said, I'm not sure what to do about SDGE. They are bound and determined to do the work WITHOUT the appropriate easement agreement. I seriously doubt that you'll get NCTD nor Anitrak to stop. They are pretty determined to keep going. So, you are suggesting that your future bridge might be able to support the line to the YMCA and allow us to remove the newly proposed wire over the lagoon? interestingly, SOGE hasn't said anything about releasing the easement of the old path to the YMCA, i wonder how we get that one un-done? Original Message From: Terry Smith [mailto:Terry.Smith@cartsbadca.gov] Sent: Tuesday, January 25, 2011 2:55 PM To: Pearson, Michael Subject; RE; Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Mike, Our preference would be to get SDGE to remove the restriction about placing structures under the line since we have a large grinder vault proposed below this alignment. However, with that said, we are prepared to relocate the line through our new bridge to the YMCA if needed to eliminate this problem. Since Amtrak and NCTD are requesting the realignment of this line for their double track project, I will try to make one last pitch to them to allow this work to be deferred to a later date as part our project so that this line does not need to be relocated twice. I probably won't have much success, but it's worth a try. I don't have a big concern with them showing up on Friday to do this work since it is only a service for the YMCA. Thanks, Terry From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Tuesday, January 25, 2011 2:29 PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Terry, From the drawings I saw,, the line is right through the middle of the site. Attached is what I beiieve to be the path. If you feel that this won't get in your way during future construction and you nave no intention of building 8 feet either side of the route, it won't bother me to use this path. m.j.p. —--Original Message— From: Terry Smith [mailtoiTerry.SmithOcarlsbadca.gov] Sent: Tuesday, January 25, 2011 1:52 PM To: Pearson, Michael Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Mike, I have been toid by SDGE that the easement they are requesting is over a portion of NRG's property (or NCTD?) that crosses the lagoon channel and does not go over any of our planned structures. If this is the case, then we have no problem with them rnovsnc forward. ! am still trying to get a copy of the easement document from SDGE From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Monday, January 24, 2011 5:27 PM To; Terry Smith; Staley, Jany M Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Here are some folks that might he of further assistance: Bruce Wylie (619) 572-5206 - He's SDGE foreman running the job Dennis Bus (tel ?} - I've been led to believe he's the SDGE planner for the job. I've had brief dialog with Dinah Willier {SDGE Account Executive) about the whole thing. She might be of assistance. Original Message From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Monday, January 24, 2011 4:56 PM To: Staley, Jany M Cc: Pearson, Michael Subject: FW: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Jany, Can we discuss this issue (see below) in the morning when we get together to discuss power for the new lift station. From; Pearson, Michael [mailto:Mike.Pearson@nrgenergy,com] Sent: Monday, January 24, 2011 4:13 PM To: Terry Smith Subject: FW: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Original Message From: Pearson, Michael Sent: Monday, January 24, 2011 4:13 PM To: 'Barajas-Rodriguez, Linda' Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Dinah, Ltnda, This thing is taking an interesting turn. I spoke to Bruce Wylie and he says it's to extend circuit from our East Tank Farm to YMCA, My electrical guy and I walked the wires. We there there is some serious confusion about which circuits are being placed out of service. The meter mentioned appears to be on the west side of the railroad tracks while Bruce suggested the work is being performed on the east side of the tracks. To make things even more interesting. About a week ago, I was handed a "easement" document to review. It proposes that NRG give full easement to SDGE to install wires across She lagoon. Further it says we can't build under the wires. The City intends to do exactly that. They propose to re-build their facilities exactly where the new wire is proposed. I asked Terry Smith (City of Carlsbad) to call SDGE to discuss, I'm not sure what to do now. m.j.p. —Original Message— From: Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilities.com] Sent: Monday, January 24, 2011 12:52 PM To: Pearson, Michael Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Mike, the foreman confirmed the two facilities below will not be affected by the outage. They are being fed from another circuit. Let me know if you still wish to speak to the foreman. Thanks, Linda From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Monday, January 24, 2011 11:11 AM To: Barajas-Rodriguez, Linda Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Linda, Here are the two additional loads: Meter 1838148 Pole: P20921 Circuit? 303-408M Meter 000497 Pole: PI 24700 Circuit'? 303-41 m.j.p. —Original Message— From: Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilities.com] Sent: Monday, January 24, 2011 9:39 AM To: Pearson, Michael; Carter, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Thanks, Mike. I apologize for the confusion, If you are unable to locate these meters you are concerned about, that would be great. Another way we might resolve any doubts, is to have the foreman speak to you directly and verify any locations in question. Thanks, again. Associate Planned Outage Coordinator (858) 654-1197 wk (858) 650- 4005 fax /bora'jas&semprautitt"ties, com From: Pearson, Michael [mailto:Mike.Pearson(§! rtrgenergy.com] Sent: Monday, January 24, 2011 9:11 AM To: Barajas-Rodriguez, Linda; Carter, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Thanks Linda, Dinah Willier cleared up a few things late last week. I believe we concluded that the circuit you supplied feeds the Encina Waste Water Facility, My database had the old pre-Smart meter number so I couldn't match it to the number you supplied. I'm concerned about two other meters that might be on the same circuit. I'm going to try to get the number from these meters a little later this morning, m.j.p. —Original Message— From: Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilities.com] Sent: Monday, January 24, 2011 8:03 AM To: Pearson, Michael; Carter, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Good morning, Mike, \ wilt look into this for you and provide you with additional information. I will get back with you as soon as possible. Thanks, Linda From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Friday, January 21, 2011 4:35 PM To: Barajas-Rodriguez, Linda; Carter, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Linda, Surry, I'm not Familiar with "circuit 781" I don't have record of this meter at our site. Can you provide further details about location and respective load? m.j.p. —Original Message— From: Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilitie s.com] Sent: Friday, January 21, 2011 3:41 PM To: Carter, Jerry; Pearson, Michael Cc: Willier, Dinah Subject: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Good afternoon, A planned power outage has been scheduled for Friday, January 28th, 2011 at 8:00AM for up to 8 Hours to replace arms and installing new conductors in the area (weather permitting and barring any other unforeseen circumstances). Please advise the appropriate 10 personnel of the above power outage. gmaii..Wj3tjild..bejCflreciated ..... to confirm that the appropriate personnel, ha.s..befin ..... notified, The outage will affect the following address(es): CABRILLO POWER I LLC 4600 CARLSBAD BLVD CARLSBADK, CA 92008 Meter 1980231 SDG&E.lifly.ges jotifigationjf a qrjf cystom^rjchedylgd ^ w i I j ^ ^ be jjgrf or m e < J Generator must be isolated from SDG&E's electric system before connecting. To prevent data loss and damaged equipment, be sure to shut off or disconnect all sensitive electronic equipment, i.e. computers and fax machines, before Ihe outage begins. This outage will affect your alarm system and may affect a private phone system. Please contact your alarm and phone maintenance staff if you have any questions. We will perform our work quickly to minimize the impact this has to your operation. In the event of unexpected circumstances, this outage could last longer than planned or be cancelled due to emergency calls. We appreciate your response within 24-hours. Thank you, Associate Planned Outage Coordinator (85$) 654-1197 wk (858) 65O-4OO5 fax Ibarajas&semprautilities. com 11 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Friday, February 04, 2011 2:18 PM To: Terry Smith Subject: Encina Sewer Lift Station Terry, Good to meet you earlier this week. I've out of the loop with respect the sewer lift station upgrades at Encina. My boss was our interface but unfortunately, he was asked to support another project in Los Angeles. Looks like I might be back in the loop. Several years ago, you sent me proposed drawings and I handed them off to my boss. In the meeting the other day, it looked like there might have been several revisions since the drawings you sent a few years ago. Is there a way to get a set for review? During the presentation, the Planning Department used a Power Point presentation to demonstrate the proposed build. Is there also a way to get a copy of the Power Point presentation that we can show our management? m.j.p. Michael J. Pearson NRG Energy - West [NEW:] 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 (760)710-2183 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Monday, February 07, 2011 10:55 AM To: Terry Smith Cc: Piantka, George Subject: RE: Encina Sewer Lift Station Thanks Terry, NRG contact is indeterminate at this point. We're still adjusting the staff to the needs. That combined with some folks that have retired/quit, makes it more challenging. I suspect for the time being, George and I will be tag-team contacts for this proposed project. m.j.p, —Original Message— From: Terry Smith [ma i I to rTerry, Sm i th @cg r Isbadca. go y.1 Sent: Monday, February 07, 2011 9:30 AM To: Pearson, Michael Subject: RE: Encina Sewer Lift Station Mike, I am out of the office today, but will put together a package for your review. The layout of the facilities has probably changed a little since the early days, but the overall area that we need has not changed in the last 2- years or so. I will also send you the plat and legal description for the property that we need to acquire from you. I sent it to Marc last fall but never received any comments. Will you be my direct contact, or will it be George? Or should I just copy George on any correspondence? Thanks, Terry From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Friday, February 04. 2011 2:17PM To: Terry Smith Subject: Encina Sewer Lift Station Terry, Good to meet you earlier this week. I've out of the loop with respect the sewer lift station upgrades at Encina. My boss was our interface but unfortunately, he was asked to support another project in Los Angeles. Looks like I might be back in the loop. Several years ago, you sent me proposed drawings and I handed them off to my boss. In the meeting the other day, it looked like there might have been several revisions since the drawings you sent a few years ago. Is there a way to get a set for review? During the presentation, the Planning Department used a Power Point presentation to demonstrate the proposed build. Is there also a way to get a copy of the Power Point presentation that we can show our management? m.j.p. Michael J. Pearson NRG Energy - West [NEW:] 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 (760)710-2183 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Thursday, February 10, 2011 4:05 PM To: Terry Smith Cc: Piantka, George Subject: RE: 90% Design Drawings for Sewer Lift Station m j.p. Original Message- From: Terry Smith [mailto:Terry.Smlth@carlsbadca.gov] Sent: Thursday, February 10, 2011 3:23 PM To: Pearson, Michael Cc: Piantka, George Subject: 90% Design Drawings for Sewer Lift Station Mike, As you requested, I have attached some of the civil drawings from our 90% design package of the sewer lift station and force main project. I can provide you with other drawings, but it is a very large plan set and I thought these sheets would be most relevant. I will also send you some of the planning exhibits via a separate e-mail, which may give you a better overall perspective of the entire project. Thanks, Terry E-maiting Easement Document to NRG.txt From: Terry Smith Sent: Tuesday, February 15, 2011 2:29 PM To: 'Pearson, Michael' Cc: 'george.piantka@nrgenergy.com' Subject: Easement Document Attachments: Draft Deed, Plat and Legal for IMRG.pdf; PC Reso 6632 PDP.pdf Mike, Here is a copy of the easement deed, plat and legal for your review and comment. I sent this to Mark Kodis last fall, but did not receive and comments. We have been meeting with various NRG staff over the past 5-years, so the defined easement area should come as no surprise. With that said, we welcome any comments or questions you may have, but we need to receive your comments in writing before the end of the month to keep this process on schedule with the overall project. Any requested changes to the easement deed language will need to be reviewed by our City Attorney. In the past, NRG has indicated that they would like the City and their contractor to enter into a right of-entry agreement. As of this date, NRG has not provided the City a copy of this agreement for review. Additionally, I have attached Planning Commission Resolution 6632 for your information. This resolution approves the Precise Development Plan Amendment for the Desalination Facility and contains a number of conditions that have been placed on the power plant property. One of the conditions being that NRG will dedicate easem&nts to the City for this sewer project. Another condition being the requirement to dedicate easements for the City's Coastal Rail Trail Project. Since the sewer project is not connected to the Coastal Rail Trail (CRT) project, the City is willing to defer the decision on the alignment of the CRT until a later date, but no later than the milestone defined in the attached resolution. I am available to meet with you anytime to discuss this project if needed. If this issue needs to be resolved by your attorney, then please forward this as soon as possible. If you are not able to provide comments by February 28th, please contact me with an alternate date. Thanks, Terry Smith Terry L. Smith Sr. Civil Engineer Utilities Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov P: (760)602-2765 F' (760)602-8562 terry.smith@carlsbadca.gov Pagel 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 EXEMPT STATEMENTS TO; EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No. 210-Q10-?6&41 Documentary transfer tax is SQ_00 Project ID' 3492 ( ) computed on full value of property conveyed, or Related Project ID ( ) computed on full value less value of liens and Project Name. Agua Hedionda Sewer encumbrances remaining at time or sale. lilt Station & Force Main Replacement ( ) Unincorporated area' (x) City of Carlsbad, and GRANT OF GENERAL UTILITY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CABRILLO POWER I, LLC, a California Limited Liability Corporation the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the Cily of Carlsbad, County of San Diego. State of California: PARCELS A-1 & A-2' SEWER LIFT STATION, PIPELINES, AND APPURTENANT FACILITIES: the general utility easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain, and repair facilities designed tor 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. Said facility may include gravity sewer pipelines, pumping facilities, sewer force mains odor control treatment facilities, chemical storage, structures designed to screen or grind woetcwater, structures designed to enclose emergency electrical generators and all facilities, water and recycled water pipelines, conduits and structures associated with baiU 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 uonirol facilities, storm water treatment devices, fences, gates, doors locking devices, alarms, lights, and all other protective facilities and devices The easement for said facility may also be used to revegeiafe or create native habitat as required by necessary City, State or Federal permits. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of Ihe Grantee. PARCEL A-3: SEWER, WATER, AND RECYCLED WATER PIPELINES: the general utility easement granted herein shall be granted for the following purposes' the construction, operation, repair. reconstruction and all activities necessary to construct, reconstruct, operate, maintain, and repair pipelines and facilities designed for the general purpose of collecting and transporting wa&tewaler, water and recycled water flowing into ancl through said pipelines and facilities, and structures of any kind, whether above or below the surface of the ground Said easement may include gravity sewer pipelines, sewer force mains, water and recycled water pipelines, and buried structures necessary to facilitate inspection and cleaning of said pipelines. The use shall also include a means of access along said easement for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built, nor trees planted within said easement. The easement shall not be used by Uie Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible witli the uses described herein without irie express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. DATED OWNER: (Sign Here) (Print Name Here) By: < Title) (Sign Here) (Print Nome Here) (NOTARIAL ACKNOWLEDGMENT Or OWNER(S) MUST BE ATTACHED.) EXECUTION DY NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT, ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPOKA I ION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OP THIS EASEMENT, THE PARTIES CONSULT WITH THOR ATTORNEYS WITH RESPECT THERETO. (Title) CALIFORNIA JBffiB6iBfiBfiaate<8«aifeafe<i«M^ Stale of California County of On Dale personally appeared before me, ano Utla of tf*9 Otllcef s} of S g^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument arid acknowledged to me that he/she/they executed the same in his/her/their authorized capactty(iee), and lhal by his/her/their aignature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ib true and correct. WITNESS my hand and official seal » No;ary Seal ABOv'9 Signature, — OPTIONAL C Of ?,;0l0ty Though the ifitomwiian dutaw m not required Dy law, it may prove valuable to persons telying on the document ana coma prevent tcauduleni famova! and reattachment of this form to another document.ana coma prevent Description of Attached Document Tine or Type of Document: _____ Document Date:_ Number of Pages. Signer(s) Othor Than Namod Above: Copaoity(ies) Cfafrned by Sfyner(s) Signer's Name: _. ____ .""• Individual '_! Corporate Officer — TitJe(s): L_ Partner — f" Litniied C~ Ger»ecai j-j^j ~ Attornay in Fact '1 Trustee IT Guardian or Conservator U Other: Signer's Name: . __ Individual ~ Corporate Officer — Titte(s): H Partnor — U Lirnited ~ General Li Attorney in Fact U Trustee U Guardian or Conservator H Other: EXHIBIT 'A' 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 DIFGO. NOVEMBER 16, 1896. DESCRIBED AS FOLLOWS: PARCEL 'A-1'j 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 67e29'44" WEST <RECORD SOUTH 67'29'48" WEST PER PARCCL MAP 19300) FROM Tl it NORTHWCST CORNER Of PARCCL 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. 19360, 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 NOK1H 22"30'12" WEST PER PARCEL MAP 19380), 2,584.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINt NORTH 67"29'44" EAST, 35.25 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT 'D'; TliCNCC NORTH 03°20'54" WCST, 120.24 FEET; THENCE NORTH 2^11'21" EAST, 273.84 FEET: THENCE NORTH 30WOQ" WEST, 225 65 FEET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; FHENCE ALONG SAID LINE SOUTH 79"19'59" WEST. 84.41 FEET TO APOINT HERINAFTER REFERRED TO AS POINT 'C', 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" WFST. 3490 FEET; THENCE SOUTH 61S52'54" 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 OH A NON-TANGENT 1,006.3 / FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT DEARS SOUTH 87°59"57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 35.75 FEET THROUGH CENTRAL ANGLE OF 02°05'40"; THENCE SOUTH 22"3Q"f6" 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 79J19'59" WEST, 57.03 FEET, THENCE NORTH 69"10*01" WEST, 38.00 FEET; THENCE NORTH 40°<17'0r WEST, 63.50 FEET; THENCE 30S30'59" WEST, 34.90 FEET; THENCE SOUTH Gr52'54" 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 BhAKS NORTH 76"17'15" EAST; THENCE NORTHERLY ALONG SAID EASTFRI Y I INF 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; IHENCfc SOUTH 67'"Q2'37" 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-T; TIICNCC 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 PARCFI 4 AND THF TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22J30'16" WEST, 1694,09 FEET TO POINT 'B' DESCRIBED ABOVE AND A POINT ON THE SOUTHERLY LINE OF SAID PARCEL A1: THENCE ALONG SAID SOUTHERLY LINE SOUTH 67°29'44" WEST. 30.00 FEET; THENCE LEAVING SAID LINE SOUTH 22''30'16" EAST, 1.6S6.75 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62°25'10" EAST (RFCORD NORTH 62°25'13" CAST PCR ROS 173SO), 30.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS. 5? TT-* 39EXHIBIT "B EASEMENT PLAT SHEET 1 of 3 LEGAL DESCRIPTION: -JCirONS ()<• -ARCE-S 3 <k 4- 01- CI.'nnCA-E 0~ COMPLIAXCf RECORDED < CrQBER 30, 200' AS DOCUVOP \OS. >001 0759067 & 2001--G7S9C68. CF C;:IC-AL RECORDS, AS S'-CvVK ON W CORC Oi: SURVEY '7.35C, LY NG W TH N Li)' '••»' 0 ^ANOC) A.3UA HEDICN^A N !(••• C:"s 01- CA:<:!V_'AO, CC..-MTV O-" SAN I)-GO, S'ATE OF CA_'rCR\IA, ACCORDING ~O "ML PA^A'TIGN N'AP ••ir-'<:~0r" \O. 323, :'ir.") :\ '"I O-iO Of '!!•' CvXj\lv K'l-CCRI'Jlk C> SA J CCU\IV 0' SAM ji-;;O NOV-WBFR '5, '896. ASSESSOR'S NO.: /1C ''Jl C 26 es: 41 BASIS OF BEARINGS: "~E OAS S 0 HI AH|\GS -OK I- ,S 3"?AVvl\G IS !•-,- CA HORN. A CCORDIK'A I r. OWNLK: AD"; !.. fy\\ PACIFIC OCEAN \\ n\ \\?-\ 5 'Vm B VICINITY MAP ko CC:A;.J: SAN DIECt;TO ENG'N-:ERIKG, INC. 4<i07 VAV'CHzSI-H. SUI'r 'C& r\r.i\iTAS, ;:A "«'/>:):'."- I'HONr: <ySu) /h,i l>h?>- C VI! S-'NCIMFFRING * P...AK,'I\-N LAND SURVEYING x^^^U^^s, No. Exp.6/30//o , 1J|S 7^42CAT f"-. s'.cls \;37C«s--. ss.PW5370 EXHIBIT "B" EASEMENT PLAT 4 \ SHEET 2 of 3 -o ^0$ \ SDNR (FORMERLY ATCHISON, 70PCKA & SANTA FE RAILWAY) .... _ 'v \ \' ffl uf^'^mmfaJ^^ .C.C, 30 NT Or COViMrN:> Mit .P.C.B. TRUE ?G!h~ 0" CiG.NNI \-^-\ -y-,\ \\\\ \\ ^. \ \ Vx-\N\ \ " <3 '^. -O ^?O c^ ^> ^% \ \ \ DH-'GUITO ENGINEERING, IN 4^07 MANCHESTER, 3,j|ir 1U5 I\CA "AS, C:A. s?o:'-t i;--C\!.: (-'CO; 7J3 5526 IVIL FNCIN"F=?INC • P^ANNi ..AND SURVEYING \ \ \ ' ' ^ /^ \ >-" ---:"C\^' O^ raofe PW5370 5J T-» 5 JEXHIBIT EASEMENT PLAT SHEET 3 of 3 PARCEL 3 k IA I -'NCTH R/v)IU^ ' SDNrt (FORMERLY A1CHISON, TOPEKA SANTA FE RAILWAY) '//// 'K!;K:A:I-S -• <:—>,., ff-" 3.-•']-\i/-" SAN DIECUiTO 4 iQ7 MA.N.:;:- ^NCiVO/ i:MC'-. : : ( CIVIL LNCINti -AND \\ \StA1EK~ AREA \ \ ENiGIN£E;R MG. %NJC, ra'--f. S...:lh 'Co s. I:A. $:>'}•;•< '60) 7B;< oft?f» RIMC • PI Afv^iMC SURVEY KG ^\sX \\ \\\ V\\\\ \ M' \ \,«s \ \\•-V "PW/5370