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HomeMy WebLinkAbout2014-06-24; City Council; 21651; Approving Sewer Easement Agreement, Quitclaim with Cabrillo Power for Agua Hedionda Sewer Lift Station, Force Main Replacement Project 3492CITY OF CARLSBAD - AGENDA BILL 8 AB# 21,651 ADOPTION OF RESOLUTION APPROVING A SEWER EASEMENT AGREEMENT AND QUITCLAIM DEED WITH CABRILLO POWER FOR THE AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJEa NO. 3492 DEPT.DIRECTOR JPT- MTG. 06-24-14 ADOPTION OF RESOLUTION APPROVING A SEWER EASEMENT AGREEMENT AND QUITCLAIM DEED WITH CABRILLO POWER FOR THE AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJEa NO. 3492 CITY ATTY. ^^"^^ DEPT. PW-UTIL ADOPTION OF RESOLUTION APPROVING A SEWER EASEMENT AGREEMENT AND QUITCLAIM DEED WITH CABRILLO POWER FOR THE AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJEa NO. 3492 CITY MGR. \^/\^ RECOMMENDED ACTION: Adopt Resolution No. 2014-151to approve the Sewer Easement Agreement and Quitclaim Deed with Cabrillo Power I, LLC for the Agua Hedionda Sewer Lift Station and Force Main Replacement, Project No. 3492. ITEM EXPLANATION: The Vista/Carlsbad (V/C) Interceptor Sewer was constructed in 1965 and is jointly-owned by the City of Vista and the City of Carlsbad. The alignment, approximately eight (8) miles in length, extends from the City boundary at the northeast corner of the city to the Encina Water Pollution Control Facility (Encina). The V/C Sewer System is divided into fifteen (15) segments (Reaches VCl - VC15). It includes two (2) sewer lift stations - the Buena Vista Lift Station and the Agua Hedionda Lift Station. The upper reaches ofthe Vista/Carlsbad Interceptor Sewer System from VCl through VCllA have been replaced or rehabilitated in recent years. However, the remaining pipelines which reaches VCllB to VC15 and includes the Agua Hedionda Lift Station, does not have the capacity to convey the ultimate flows projected for the basin. A project to replace or upsize these facilities has been identified in City of Carlsbad's Sewer Master Plan and funds have been appropriated in the current Capital Improvement Program. The project design is nearly complete and is scheduled to go out for bid in the fall of 2014. In order to increase the capacity ofthe sewer system and to improve system reliability, the city proposes to replace the current Agua Hedionda Sewer Lift Station and install a new force main parallel to the existing gravity sewer. The new sewer lift station and force main will be located on property owned by Cabrillo Power I, LLC (Cabrillo) and requires a sewer easement from Cabrillo as shown on Exhibit 1. Cabrillo Power I, LLC has agreed to provide an easement for the new sewer facilities and enter into a Sewer Easement Agreement with the City of Carlsbad and the City of Vista. The Sewer Easement Agreement is attached as Exhibit 3. DEPARTMENT CONTACT: Terry Smith 760 602-2765 Terry.Smith@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • CONTINUED TO DATE SPECIFIC • , CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Additionally, the new easement overlays the existing easement and provides for an additional 12.5-feet of width to accommodate the new sewer force main. Therefore, the existing easement is no longer needed and staff recommends that the existing easement be quitclaimed back to the property owner, Cabrillo Power I, LLC. The quitclaim deed is attached as Exhibit 4. ENVIRONMENTAL IMPAa: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project (PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03). The MND was adopted by the City Council on December 6, 2011, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. Furthermore, approval of an easement agreement and quitclaim deed are exempt from the requirements of CEQA pursuant to Public Resources Code Section 21065. This action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPAa: The sewer easement is being provided to the city at no cost as a condition ofthe Settlement Agreement dated January 14, 2014 between and among the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I, LLC, Carlsbad Energy Center, LLC and San Diego Gas & Electric Company. EXHIBITS: 1. Resolution No. 2014-151 to approve the Sewer Easement Agreement and Quitclaim Deed with Cabrillo Power I LLC for the Agua Hedionda Sewer Lift Station and Force Main Replacement, Project No. 3492. 2. Location Map. 3. Sewer Easement Agreement between Cabrillo Power I LLC, the City of Carlsbad and the City of Vista. 4. Quitclaim Deed to Cabrillo Power I, LLC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXWieiT ^ I RESOLUTION NO. 2014-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE THE SEWER EASEMENT AGREEMENT AND QUITCLAIM DEED WITH CABRILLO POWER I LLC FOR THE AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN REPLACEMENT, PROJECT NO. 3492 WHEREAS, the Agua Hedionda Sewer Lift Station and Force Main (sewer facilities) are part ofthe Vista/Carlsbad Interceptor Sewer System, which sewer facilities have been identified for replacement in the current City of Carlsbad Sewer Master Plan and Capital Improvement Program; and WHEREAS, the selected site and alignment of the replacement sewer facilities requires that an easement be acquired from Cabrillo Power I, LLC (Cabrillo); and WHEREAS, Cabrillo has agreed to provide the necessary easement to the City of Carlsbad and the City of Vista (the Parties) at no cost and the Parties have agreed to promulgate said easement by entering into a sewer easement agreement (agreement), which satisfies a condition of the Settlement Agreement dated January 14, 2014 between and among the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I, LLC, Carlsbad Energy Center, LLC and San Diego Gas and Electric Company; and WHEREAS, the portion of real property that is the subject of this resolution (the "Subject Property") is located in the City of Carlsbad, County of San Diego, State of California, is located west of Interstate 5, north of Cannon Road and east of the San Diego Northem Railroad right-of- way line; is a portion of larger parcel that is presently designated as San Diego County Assessor's Parcel Numbers 210-010-42, 210-010-45 and 210-010-46 and is legally described and depicted in the agreement; and 1 WHEREAS, Cabrillo has requested the City quitclaim a portion of the existing sewer 2 easement acquired per a deed granted to the City of Carlsbad and the Vista Sanitation District, recorded on June 24,1964, in the office ofthe County Recorder of San Diego County as File No. 4 113886 of Official Records; and 5 WHEREAS, a portion of said sewer easement is not required for the purpose in which it 6 7 was granted and is not now, nor is contemplated to be, needed for future sewer purposes and 8 appurtenant facilities. ^ WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary and in the public interest for the City of Carlsbad to enter into said agreement and to quitclaim a portion of said existing sewer easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 10 11 12 13 14 25 1. That the above recitations are true and correct 16 2. That the City of Carlsbad approves the Sewer Easement Agreement and the Mayor of the City of Carlsbad is hereby authorized and directed to execute said Sewer Easement 18 19 20 21 22 herein by this reference, is approved 23 4. That the Mayor of the City of Carlsbad is hereby authorized to execute the quitclaim deed and the City Clerk is hereby authorized to record said document // // 24 25 26 27 28 Agreement and the City Clerk is authorized to record said document. 3. That the City of Carlsbad approves the quitclaim of a portion of the sewer easement recorded June 24,1964 as File No. 113886, which is on file with the City Clerk and is incorporated 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 24th day of June 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATTHAlL, Mayor ATTEST: %M1 BARBARA ENffiLBSON, City Clerk LOCATION AP BUENA VISTA LIFT STATION J VISTA METER STATION AGUA HEDIONDA LIFT STATION LEGEND. VC1 - VC15 ENCINA WATER POLLUTION CONTROL FACILITY PROJECT NAME ALIGNMENT OF VISTA/CARLSBAD INTECEPTOR SEWER REACHES VC1 THROUGH VC15 EXHIBIT 2A DRAWN BY: SCOTT EVANS: CARLSBAD UVUVES DEPT 6/21/11 C:\UmniES DEP/IRTMCNAOES/GN DIVISI0N\AHLES\V1STA CARLSBAD INTERCEPTOR OScM.DWG IP LOCATION MAP AGUA HEDIONDA LIFT STATION SEWER EASEMENT NOT TO SCALE PROJECT NAME SEWER EASEMENT FOR THE AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN REPLACEMENT PROJECT NUMBER 3492 EXHIBIT 2B PLOTTED BY: SCOTT EVANS PLOT DATE:5/29/12 PATH:D:\UHUmS DEPARTUENT\LOCAVON MAPS\5492.DWG 1 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Cleri< CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 210-010-46, 45 &42 Documentary transfer tax Is $000 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 of sale. Lift Station & Force Main Replacement ( ) Unincorporated area; (x) City of Carlsbad SEWER EASEMENT AGREEMENT FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, CABRILLO POWER I LLC, a California Limited Liability Corporation ("GRANTOR"), the owner of the real property described herein, located in the City of Carlsbad, San Diego County, California hereby GFiANTS to City of Carlsbad, a chartered Municipal Corporation, and City of Vista, a chartered Municipal Corporation (collectively, "GRANTEE"), a non-exclusive sewer easement in, on, over and through Grantor's real property in the City of Carlsbad, County of San Diego, State of California, in the locations more particularly described in Exhibit A attached hereto and incorporated herein (the "Easement"), as depicted for reference only in Exhibit B. for the purposes and upon the terms and conditions set forth below: A. EASEMENT PARCELS A-1 & A-2: 1. SEWER LIFT STATION, PIPELINES, AND APPURTENANT FACILITIES: Easement Parcels A-1 and A-2 granted herein (the "Lift Station Easement") are granted for the following purposes: the construction, operation, maintenance, repair, reconstruction and all related activities necessary to construct, reconstruct, operate, maintain, and repair facilities designed for the general purpose of collecting and transporting wastewater flowing into and through said facilities, and structures of any kind, whether above or below the surface of the ground (collectively, the "Lift Station Facilities"). 2. Examples of Lift Station Facilities include gravity sewer pipelines, pumping facilities, sewer force mains, odor control treatment facilities, chemical storage, structures designed to screen or grind wastewater, structures, designed to enclose emergency electrical generators and all other facilities, water and recycled water pipelines, conduits and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage, including, but not limited to, erosion control facilities, storm water treatment devices, fences, gates, doors, locking devices, alarms, lights, and other protective facilities and devices. Grantee may also re-vegetate or create native habitat on the Lift Station Easement as required by Coastal Development Permit No. 6-12-003 and other necessary City, State or Federal permits 1 issued for this facility. Grantee's use of the Lift Station Easement shall also include a means of pedestrian and vehicular access to and from said Lift Station Facilities through the Easement area, for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said Lift Station Facilities. 3. The uses of the Lift Station Easement surface shall be exclusive to Grantee and its agents. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built, nor trees planted within this portion of the Easement that would be incompatible with Grantee's use of the Lift Station Facilities; nor may the Lift Station Easement be used by Grantor or any other person or entity, including other utilities, whether public or private, for uses incompatible with the uses described herein without the express written approval of Grantee 4. Furthermore, Grantee and Grantor acknowledge that Coastal Development Permit No. 6-12- 003 has been issued to the City of Carlsbad by the California Coastal Commission for the Lift Station Facility, and said pennit conditions shall be attached to this Easement in perpetuity unless approved otherwise by the Executive Director of the San Diego Ofllce of the Coastal Commission. B. EASEMENT PARCEL A-3: 1. SEWER PIPELINES: Easement Parcel A-3 granted herein (the "Pipeline Easement") shall be granted for the following purposes: the construction, operation, maintenance, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain, and repair subsurface pipelines and related subsurface facilities designed for the general purpose of collecting and transporting wastewater flowing into and through said pipelines and facilities (collectively, the "Sewer Pipelines," and together with the Lift Station Facilities, the "Sewer Facilities"). Said Sewer Pipelines are located as shown on City of Carlsbad Drawing No. 467-8 and 138-8. City shall provide Cabrillo with copies of final design plans for the Sewer Facilities within 60 days following the effective date of this agreement. At least 90 days' in advance of the Citys installation of the Sewer Facilities, City and Cabrillo shall meet and confer to coordinate their respective construction plans and schedules. The parties will make good faith efforts to resolve any conflicts as promptly and cooperatively as possible. 2. Said subsurface Sewer Pipelines may include gravity sewer pipelines, sewer force mains and other buried structures necessary to facilitate inspection and cleaning of said pipelines. The use of the Pipeline Easement shall also include a means of pedestrian and vehicular access along said Easement area for the purpose of constructing the Sewer Pipeline, and from time-to-time thereafter, operating, repairing, maintaining, inspecting and reconstructing said Sewer Pipelines. 3. The uses described herein shall be non-exclusive to Grantee. Grantor herein agrees that any buildings and/ or structures erected, walls constructed, fences built, trees planted, and any other surface and subsurface uses within the Easement area will be compatible with, and will not unreasonably restrict Grantee's ability to maintain, repair or replace Grantee's Sewer Pipelines. 4. Grantor explicitly reserves the right to operate vehicles on, over, along and across the Pipeline Easement area for Grantor's equipment deliveries and all other activities associated with construction, operation and maintenance of the CECP, including without limitation, equipment deliveries or activities on, over, along and across the Easement area that are anticipated to exceed the American Association of State Highway Transportation Officials ("AASHTO") HS-20 design loads. The Sewer Pipelines will be designed, constructed and installed in a manner that enables them to withstand loads that meet or exceed AASHTO HS-20 design loads. Grantor will take reasonable measures to protect the Sewer Pipelines from adverse impacts due to Grantor's equipment that exceeds AASHTO HS-20 design loads. C Grantee agrees to provide Grantor with written notice at least 48 hours in advance of any construction excavation and/or repair or maintenance work that Grantee intends to perform within the Easement area; except in an emergency, in which case, Grantee shall provide such notice to Grantor as 2 soon as reasonably possible within 24-hours thereafter. Grantor agrees that Grantee shall not be responsible for the repair or replacement of Grantor's above-ground improvements, situated within the Pipeline Easement that are affected by such work of the Grantee. Notwithstanding the foregoing, following any such construction, excavation and/or repair or maintenance work. Grantee shall restore the surface of the Easement to substantially the condition it was in before Grantee commenced such work, including repairing or replacing Grantor's roadway or pathway surfaces with standard roadway, dnveway or pathway materials (for example, asphalt, concrete or gravel), as applicable, and replacing minor landscaping such as grass and low-growing shrubs damaged by Grantee's work. D. Notwithstanding anything to the contrary herein. Grantee expressly acknowledges that the Easement is situated on certain real property upon which Grantor intends, and has a California Energy Commission license to construct and operate the Carlsbad Energy Center Project (the "CECP"), an electric power generating facility; and Grantee shall make every effort to accommodate the construction and operation of the CECP in conjunction with Grantee's use of the Easement granted herein. Furthemore, Grantee explicitly acknowledges that Grantor has unfettered rights to utilize the Easement in any manner consistent with the rights granted herein, that does not unreasonably interfere with Grantee's ability to maintain and repair the Sewer Pipelines, as reasonably determined by Grantee; except as set forth to the contrary herein. E. LOCATION OF THE EASEMENT: As set forth above, the Easement granted herein shall be located within and upon that certain real property more particularly described in Exhibit A. Exhibit B is attached for clarity only. F. For the initial construction and installation of the Sewer Facilities, the parties agree that Grantor will provide Grantee's contractor with a license to enter and use those certain portions of Grantor's Property necessary to construct and install the Sewer Facilities, substantially in the form of that certain Form of License Agreement attached as Exhibit C hereto, and incorporated by this reference. G. Grantee agrees to indemnify, defend, and hold harmless Grantor and Grantor's lenders, agents, employees and contractors harmless from and against any and all liens, claims, losses, liabilities, damages, costs, expenses, causes of action, fees (including without limitation attorneys fees) (collectively "Losses") arising out of any acts of Grantee or its contractors, agents, or employees pursuant to this agreement or attributable to Grantee's facilities in the Easement. H. Grantee agrees that if for any reason the Lift Station Easement and/or the Pipeline Easement is/are abandoned for a continuous period of one (1) year, then all rights granted herein shall revert to Grantor, its successors and assigns. Within 30 days prior to the termination of this agreement for any reason, Grantor may provide Grantee with written notice requesting that Grantee remove all above-ground facilities in the Lift Station Easement: whereupon Grantee shall have 180 days thereafter to remove any such facilities from Grantor's lands. Grantor hereby grants Grantee a license for the limited purpose of access to and from the Easement Area to remove Grantee's facilities therefrom for a period of 180 days following the termination of this Agreement. This provision shall survive the termination of this Agreement for a period of 180 days. rSianature page follows] IN WITNESS WHEREOF, this Sewer Easement Agreement has been executed by the parties as of the date hereof. GRANTOR Cabrillo Power I LLC, a California limited liability company Name: \ Lih/^ (^Jvi'//i^/o^.^ Its: /^/Y'.^jJen'/' GRANTEE CITY OF VISTA, a chartered municipal corporation ATTEST: By Marci Kilian, City Clerk APPROVED AS TO FORM: Darold Pieper, CityAttorney RISK MANAGEMENT REVIEW: Dolores Gascon, Risk Manager DATED CITY OF CARLSBAD a chartered municipal corporation By: 41 Matt Hall, Mayor APPROVED AS TO FORM: Celia A. BrQiyeXrCity Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of vm iDate' personally appeared 11.. fMUYR A^lTLVVl totC • , '." I Here; Insert Name and Jitte of the Officer Name(s) of Signer(s) SHELLEY COLLINS | Commission # 1962114 f Notary PubHc - California z ^ San Diego County g My Comm. Expires Dec 25,20151 a a i w » * I I i I a • p t! who proved to me on the basis of satisfagtory evidence to be the persotj(gfwhose natr\ei^(^afer subscribed to the within instrument and acknowledged to me that(Ji^hei4l^y executed the same in '•• -rir authorized capacity(iesjr and that by Sir signatuce(e) on the instrument the person^ or the entity upon behalf of which the person(^cted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL 3 my hand and official seal. '—• SIg/atur i of NOfary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Document Date:. Number of Pages: Signer(s) Other Than Mam^H AhnvA- ^^^-LAALJS "N^N^ter j!!bONjr\ C V\ s '\Vg^v\A_. Capacity(ies) Claimed by Signer(s) ^ Signer's Name: • Corporate Officer — Title(s): • Individual • Partner— • Limited • General • Attorney in Fact • Trustee . • Guardian or Coriservator • Other: .--''"^ RIGHTTHUMBPRINT OF SIGNER ,;ft>p of thumb here Signer Is Representing:. Signer's Name: • Corporate Officer — Title(s): • Individual ^'"^ • Partner — • Limited^BtSeneral • Attorney in Fact- "' • Trustee / " • Gikfdfan or Conservator • other: RIGHT THUMBPRINT OF SIGNER Top of thumb here i 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Gounty of /f? /4 1/7^ 4l:i T-T^. } On J'Ain., cPo/</ date . personally appeared i before me, "7 Here Ifisert Name and 1^ or the Officer Naine(s) of Signers) J.M.BERGMAN I COMM. #2046489 z Notary Public • California g Contra Costa County - My Comm. Expires Nov. 20,2017y Place Notaiy S^al Abovs who proved to me on the basis of satisfactory evidence to be the person<s) whose name(s> is/afe subscribed lo the within instrument and acknowledged to me that he/she/they executed the same in hiatierftheif authorized capacity(i^, and that by his/hetytheir signature(s) on the instrument the perK)n(^, or the entity upon behalf of which the person(9) acted, escecuted the instnjment. 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 offteial seal. OPTIONAL Though the infortnaOon below Is not required by lann.it may prove valuable to peisons re/yfng on the document and could pr&^t fraudulent rernoval and reattachment of this fom:i to anathierdocutnent. Description of Attached Document Title or Type of Document: ^^fyy^C/^/—i^J^f^^^^ —-—r—— Document [Jate; i 7/^.^^ 4 ^aJ^ . Number of Pages: Slgner{s) Other Than Named Above: '~ • ^ , - •• Capaci1y(ies) Claimed by Signers) Signer's Name: •• : qdividual • CortDS*^ Officer —Title(s): _ • Parther^^^JJmited • Gieneral • Attomey in Fact • Trustee • Guardian or Conservator • Other Signer's Name: • DiiSSlividual • Cpr^rate Officer—Tit(e(s): • Partner—"QXimlted • G^eral • Attorney in Rict • Trustee/ • Guardian or Conservator • Other:. RIGIITTHUMDPRIfJT Oh SICrjER ©2D07Nallonal Notary Association'9350 De Soto^A^^ ltem«807 FieoiderCallTolH^1-800«re-68Zr EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT In the event of a conflict between the legal description of the Easement contained in this Exhibit A, and the depictions of the Easement set forth in Exhibit B hereof, the legal description of the Easement in this Exhibit A shall control. (See attached.) EXHIBIT 'A' EASEMENT LEGAL DESCRIPTION THOSE PORTIONS OF PARCELS 3 & 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30 2001 AS DOCUMENT NO. 2001-0789067 & 2001-0789068, OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: PARCEL -A-l': BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67°29'44" WEST (RECORD SOUTH 67°29'48" WEST PER PARCEL MAP 19380) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE POINT OF COMMENCEMENT; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD NORTH 22°30'16" WEST (RECORD NORTH 22°30'12" WEST PER PARCEL MAP 19380), 2,584.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 67°29'44" EAST, 35.25 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 03°20'54" WEST, 128.24 FEET- THENCE NORTH 23°ir21" EAST, 273.84 FEET; THENCE NORTH 30°00'00" WEST, 225 65 FEET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 79°19'59" WEST, 84.41 FEET TO A POINT HERINAFTER REFERRED TO AS POINT 'C; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79°19'59" WEST, 57.03 FEET; THENCE NORTH 69°10'01" WEST, 38.00 FEET; THENCE NORTH 40°47'01" WEST, 63.50 FEET; THENCE 30°30'59" WEST, 34.90 FEET; THENCE SOUTH 6r52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1 974 99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°17'15" EAST; THENCE ALONG SAID EASTERLY LINE SOUTH 22°30'16" EAST, 302.87 FEET TO THE BEGINNING OF A NON-TANGENT 1,005.37 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87°59'57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 36.75 FEET THROUGH CENTRAL ANGLE OF 02°05'40"; THENCE SOUTH 22°30'16" EAST, 293.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.381 ACRES, MORE OR LESS. PARCEL •A-2': BEGINNING AT POINT 'C DESCRIBED ABOVE IN PARCEL 'A-1', SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79°19'59" WEST, 57.03 FEET; THENCE NORTH 69°10'01" WEST, 38.00 FEET; THENCE NORTH 40°47'01" WEST, 63.50 FEET; THENCE 30°30'59" WEST, 34.90 FEET; THENCE SOUTH 6r52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°17'15" EAST; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE 25.17 FEET THROUGH A CENTRAL ANGLE OF 0°43'49"; THENCE LEAVING SAID EASTERLY LINE NORTH 67°57'23" EAST, 43.06 FEET; THENCE SOUTH 67°02'37" EAST, 140.64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.085 ACRES, MORE OR LESS. PARCEL •A-3': BEGINNING AT POINT 'A' DESCRIBED ABOVE IN PARCEL 'A-1'; THENCE NORTH 67°29'44" EAST (RECORD NORTH 67°29'48" EAST PER PARCEL MAP 19380), 35.25 FEET; THENCE LEAVING SAID LINE NORTH 22°30'16" WEST, 889.92 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22°30'16" WEST, 1694.09 FEET TO POINT 'B' DESCRIBED ABOVE AND A POINT ON THE SOUTHERLY LINE OF SAID PARCEL A-1; THENCE ALONG SAID SOUTHERLY LINE SOUTH 67°29'44" WEST, 30.00 FEET; THENCE LEAVING SAID LINE SOUTH 22°30'16" EAST, 1,696.75 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62°25'10" EAST (RECORD NORTH 62°25'13" EAST PER ROS 17350), 30.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS. EXHIBIT B DEPICTIONS OF THE EASEMENT The depictions in this Exhibit B are provided for reference purposes only, and shall not be relied upon as accurate descriptions of the Easement areas. In the event of a conflict between the depictions of the Easement contained in this Exhibit B. and the legal description of the Easement set forth in Exhibit A hereof, the legal description ofthe Easement shall control. (See attached.) EXHIBIT "B" EASEMENT PLAT SHEET 1 of 3 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983. ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVEY 17271. I.E. N40-39'21"W OWNER: SOUTHERN CALIFORNIA GAS COMPANY 1919 S STATE COLLEGE BLVD. ANAHEIM.CA 92806 PACIFIC OCEAN VICINITY MAP NO SCALE INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ANDREW DATE PW5370 EXHIBIT "B' EASEMENT PLAT -0 SHEET 2 of 3 -A SDNR (FORMERLY ATCHISON. TOPEKA & SANTA FE RAILWAY) SCALE: 1 = 200 200' 400' INDICATES EASEMENT AREA P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PW5370 EXHIBIT "B" EASEMENT PLAT PARCEL 3 PARCEL 'A-2' SHEET 3 of 3 S87-59'57"E (R) PT.'C &c T.P.O.B. PARCEL 'A-2' PARCEL 'A-1' SDNR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY) BEARING/DELTA LENGTH RADIUS Ll N67*29'44"E 35.25' L2 N03'20'54"W 128.24' L3 N23*11'21"E 273.84' L4 N30'00'00"W 225.65' L5 S79-19'59"W 84.41' L6 S67-02'37"E 140.64' L7 N67'57'23"E 43.06 Cl 00*43'49" 25.17' 1974.99' L8 S22*30'16"E 302.87' C2 02"05'40" 36.75' 1005.37' L9 S22*30'16"E 293.12' L10 S79-19'59"W 57.03' Lll N69'1 o'or'w 38.00' L12 N40'47'01"W 63.50' L13 S30'30'59"W 34.90' L14 S6r52'54"W 14.22' PARCEL 'A-3' CP SCALE: r = 200 INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING EXHIBIT C FORM OF LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of 201_ (the "Effective Date"), by and among Cabrillo Power I LLC, a Delaware limited liability company ("Cabrillo") the City of Carlsbad, a municipal corporation, and the City of Vista, a chartered municipal corporation (together, the "City), and riNSERT NAME OF CONTRACTOR AND ENTITY INFORMATIONl ("Licensee"). RECITALS A. Cabrillo owns that certain real property located in the City of Carlsbad, County of San Diego, California in the location more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Cabrillo Parcel"), upon which an entity related to Cabrillo's sole owner operates the Encina Power Station (the "Existing Power Plant"), an electric power generating facility, and intends, and has obtained a California Energy Commission license, to construct and operate the Carlsbad Energy Center Project (the "New Power Plant"), another electric power generating facility. B. Cabrillo and City have entered into that certain Sewer Easement Agreement dated as of , 2014 and recorded on , as Instrument No. of the San Diego County Official Records (the "Easement Agreement"), pursuant to which Cabrillo has granted the City the right to construct, install, operate and maintain a sewer lift station, pipelines, and related facilities and appurtenances (the "Sewer Facilities") on that certain portion of the Cabrillo Parcel described in Exhibit B attached hereto and incorporated by this reference (the "Easement"). C. In the Easement Agreement, Cabrillo further agreed to enter into a license agreement with the City's sewer construction contractor (Licensee), in substantially the form of Exhibit C of the Easement Agreement, to facilitate the construction and installation of the Sewer Facilities. D. Cabrillo and the City desire for Cabrillo to grant to Licensee, and Licensee and the City desire for Licensee to accept from Cabrillo, a license to enter, construct and install the Sewer Facilities in the Easement, on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the premises described above, the promises set forth herein and in the Easement Agreement, and other good and valuable consideration the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. Cabrillo hereby grants to Licensee a license to (a) enter onto the Cabrillo Parcel for the purpose of constructing and installing the Sewer Facilities in the Easement; and (b) use for construction laydown and worker parking those certain portions of the Cabrillo Parcel delineated in Exhibit C attached hereto and incorporated by this reference (collectively, the "License"). Licensee shall enter and exit the Cabrillo Parcel from the secured access gate situated at riNSERT MAIN PLANT ADDRESSl unless mutually agreed upon othenMse, and from there. Licensee may access the Easement along those of the Cabrillo Parcel's existing roads and lanes that provide the most direct route to the Easement 2. Term. The term of this License (the "Term") shall be for a period of time not to exceed 30 months, which shall commence as of , 201_ (the "Commencement Date") and continue until , 201_ (the "Termination Date"). On or before the Termination Date, Licensee shall (a) remove all of Licensee's personal property, vehicles, and all other equipment employed to construct and install the Sewer Facilities in the Easement; and (b) restore the surface of the Cabrillo Parcel to substantially the same condition as existed prior to the commencement of Licensee's activities on the Exhibit C-1 Cabrillo Parcel. As of the Termination date, the License granted herein shall automatically expire and shall be of no further force and effect; and no further action shall be required to terminate this Agreement. 3. Covenants and Agreements of Licensee. In consideration of the grant of the License by Cabrillo, Licensee covenants and agrees as follows: a. The City has provided Licensee with a copy of the Easement Agreement, and Licensee agrees to comply with the terms thereof that are applicable to construction and installation of the Sewer Facilities, including without limitation, those in Sections B(4) and D thereof. b. Licensee expressly acknowledges that the Easement is situated on certain real property upon which Cabrillo operates the Existing Power Plant, and intends to constmct and operate the New Power Plant; and during the Term, Licensee shall make every effort to accommodate the construction and operation of these power plants, as applicable. c. Licensee will design and construct all Sewer Facilities to be situated beneath any roads on the Cabrillo Parcel in a manner that will enable the Sewer Facilities to withstand loads that meet or exceed American Association of State Highway Transportation Officials ("AASHTO") HS-20 Loads. d. Licensee will comply with all of Cabrillo's rules for access to and use of the Existing and New Power Plant sites and related areas ofthe Cabrillo Parcel. 4. Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Cabrillo Parcel have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, written on an occun-ence basis, including coverages for bodily injury liability, premises/operation, property damage, independent contractors; broad form contractual liability; mobile equipment, cross liabilities or separation of insureds, and no exclusions for XCU hazards, lighting or rigging exposures, or operations within 50 feet of a railroad; with per occurrence limits of not less than $1,000,000.00 per occurrence, and $2,000,000.00 in the aggregate. If the work or services are being rendered that involve crossing over or under a railroad track, the Licensee may be required to purchase a Railroad Protective Liability policy, with a limit of up to $5,000,000, if it is required by either Cabrillo or the owner of the railroad. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Cabrillo Parcel, and Employer's Liability coverage with limits of $1,000,000.00 per accident/per employee. If vehicles will be operated in, on, or about the Cabrillo Parcel by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $1,000,000.00, that will extend coverage to such Licensee Related Parties, and include coverage for owned, non-owned and hired vehicles. Licensee and Licensee Related Parties shall maintain Excess Liability insurance, with limits of $5,000,000.00 per occurrence, that sits in excess of Licensee's scheduled underlying Commercial General Liability, Automobile Liability and Employer's Liability insurance, on a following-form basis. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Cabrillo may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability, Automobile Liability and Excess Liability insurance policies shall be endorsed ("blanket" endorsements acceptable) to include Cabrillo, its affiliates, their respective agents, representatives, principals, employees, successors, assigns, officers, directors, members, managers, shareholders, partners, venturers, trustees, and representatives (collectively, "Cabrillo's Related Parties") and City as additional insureds. The Workers' Compensation policy shall contain a waiver of subrogation clause in favor of Cabrillo, Cabrillo Related Parties, and City. Cabrillo and City shall be given at least thirty (30) days prior written notice (by Licensee or Licensee's insurance agent or broker) of cancellation or nonrenewal of any policy required of Licensee Related Parties hereunder. A duly executed certificate of insurance with respect to each such policy shall be deposited with Cabrillo and City on or before the Commencement Date, and a duly executed certificate of insurance with respect to each subsequent policy renewal shall be deposited with Cabrillo and City at least five (5) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Cabrillo, Cabrillo Exhibit C-2 Related Parties, and City), not contributing with and not in excess of coverage which Cabnllo, Cabnilo's Related Parties, or City may carry, if any. In the event of any claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. Licensee Related Parties hereby waive any right that Licensee, or any party claiming under Licensee, by subrogation or othenwise, may have against Cabrillo, Cabrillo's Related Parties, and/or City to recover for any insurable matter. To the extent permitted, under applicable law. Licensee Related Parties shall obtain, for each policy of insurance required to be obtained and maintained hereunder, and endorsement waiving the insurer's nghts against Cabrillo Cabrillo's Related Parties, and/or City for any such claim. The failure by Licensee to provide Cabrillo'or City with Certificates of Insurance, or Cabrillo or City to insist upon Certificates of Insurance, shall not be deemed a waiver of any rights of Cabrillo Related Parties or City under this Access Agreement. The inclusions, coverage and limits set forth herein are minimum inclusions, coverage and limits and shall not be constmed as a limitation of Cabrillo Related Parties' or City's rights under the noted policies, or other policies being maintained by Licensee Related Parties. Licensee and Licensee Related Parties are responsible for determining what additional coverage, terms or limits are required to perfonn under this Agreement, even though those requirements may be in addition to, in excess of, the minimum requirements set forth herein Licensee shall leave the Cabrillo Parcel in substantially as good condition as when received by it. Licensee shall clean any debris or rubbish left by it on the Cabrillo Parcel. Any property of Licensee left on the Cabrillo Parcel after clean-up and removal has occurred shall be considered abandoned after five (5) days, and may be disposed of by the Cabrillo, at its discretion. Any reclamation costs, or costs associated with the disposal of debris or rubbish shall be the responsibility of Licensee. 5. Indemnity. Licensee will indemnify, defend, and hold harmless Cabrillo and Cabrillo's lenders agents, employees and subcontractors from and against any and all liens, claims, losses, liabilities, damages, costs, expenses, causes of action, fees (including without limitation attorneys fees) arising out of any acts of Licensee or its subcontractors, agents, or employees pursuant to this agreement. 6. General Provisions. a. Assianment: Successors and Assigns. Licensee shall not assign, transfer or convey its rights and/or obligations under this Agreement without the prior consent of both Cabrillo and the City. Except as restricted herein, this Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. b. Construction. This Agreement shall be construed simply, according to its plain meaning, and shall not be constmed against the drafting party, as each party hereto has had the opportunity to have its counsel review this Agreement and negotiate the terms hereof. c. Severabilitv. If any tenn, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. The term, provisions, covenant or condition that is so invalidated, voided or held out to be unenforceable shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth herein. d. Waiver. Cabrillo's waiver of any breach of any provision hereunder by Licensee or the City, as applicable, shall not be deemed to be a waiver of any preceding or subsequent breach hereunder,' nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. e. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of Califomia, with venue for all purposes to be proper only in San Diego County, California. Exhibit C-3 f. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. g. Attornev's Fees. In any legal action, arbitration or other proceeding brought to enforce this Agreement, or due to any alleged dispute, breach, default or misrepresentation in connection herewith, the prevailing party shall be entitled to recover actual attorneys' fees (including fees for paraprofessionals and similar personnel and disbursements) and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled. The parties agree that actual attorneys' fees shall be based upon the attorneys' fees actually incurred (based upon the attorneys' customary hourly billing rates) rather than the court's or arbitrator's independent determination as to the reasonableness thereof. h. Notice. All notices and demands that any party hereto may be required or desires to sen/e upon any other party under the terms of this Agreement shall be in writing and shall be served upon the other party by personal delivery, by certified or registered mail, postage prepaid, return receipt requested, or by nationally recognized overnight mail carrier (such as FedEx, Airborne) to the following street addresses: To Cabrillo: CABRILLO POWER 1 LLC c/o NRG Energy, Inc. P. O. Box 192 696 West 10th Street Pittsburg, California 94565 Attn: John Chillemi, President Telephone No.: 760-710-2137 Facsimile No.: 760-918-0310 With copy to: NRG Energy, Inc. 211 Carnegie Center Princeton, New Jersey 08540 Attn: General Counsel Telephone No.: 925-427-3483 Facsimile No.: 760-918-0310 To Licensee: [INSERT LICENSEE NAME] [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Facsimile No.: With COPY to: [INSERT LICENSEE NAME] [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Exhibit C-4 Facsimile No.: To the Citv: City of Carlsbad [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Facsimile No.: City of Vista [INSERT ADDRESS] [INSERT ADDRESS] Attn: Telephone No.: Facsimile No.: All notices given in the manner specified herein shall be effective upon the earlier of: immediately upon sending if delivered by email; or actual receipt thereof or refusal to accept delivery in the case of personal delivery; or receipt of facsimile confirmation statement, if sent by facsimile; or upon delivery, if delivered by a nationally recognized overnight mail carrier; or seventy-two (72) hours after deposit in the United States mail. Any party may change its address or designate a new street address for notices under this Agreement by notice complying with the terms of this Section. j. Entire Agreement: Amendment. This Agreement contains the entire understanding and agreement of the parties, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, or any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only be a written instrument executed by the parties hereto. Each party waives their future nght to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. [Signatures appear on the following page.] Exhibit C-5 RESOLUTION NO. 2014-110 A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING A SEWER EASEMENT AGREEMENT AND QUITCLAIM DEED WITH CABRILLO POWER I, LLC FOR THE AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN REPLACEMENT PROJECT The City Council of the City of Vista does resolve as foliows: 1. Findings. The City Council hereby finds and declares the following: A. On September 13, 2011, the City Council approved an agreement with the City of Carlsbad for the planning and design ofthe Agua Hedionda Lift Station. B. Pursuant to the 2011 Agreement, Carlsbad is the lead agency for the design, permitting and easement acquisition for this significant project. C. Carlsbad staff, in consultation with Vista staff, is proceeding with the design, permitting and easement acquisition process for the project, which includes replacing the Agua Hedionda Lift Station. D. The selected site for the new lift station and the alignment of the replacement sewer facilities requires that an easement be acquired from Cabrillo Power I, LLC (Cabrillo). E. The easement with Cabrillo Power I, LLC was negotiated by the City of Carlsbad with review and input by the Vista City Attorney and Engineering staff. F. Cabrillo has agreed to provide the necessary easement to the City of Carlsbad and the City of Vista at no cost. G. In return Cabrillo requested the cities to quitclaim a portion of the existing sewer easement acquired per a deed granted to the City of Carlsbad and the Vista Sanitation District, recorded on June 24, 1964, in the office ofthe County Recorder of San Diego County as File No. 113886 of Official Records, because a portion ofthe existing sewer easement is not required for the purpose for which it was granted and is not now, nor is contemplated to be needed, for future sewer purposes. 2. Action. A. The Sewer Easement Agreement between Cabrillo Power I, LLC, the City of Carlsbad and the City of Vista is approved. B. The quitclaim of a portion of the sewer easement recorded June 24, 1964, as File No. 113886, which is on file with the City Clerk, and is incorporated herein by this reference, is approved. C. The Mayor is authorized to execute the Sewer Easement Agreement and Quitclaim deed on behalf of the City. D. The City Clerk is directed to return the signed documents to the City of Carlsbad for recordation. RESOLUTION NO. 2014-110 CITY COUNCIL OF THE CHARTERED CITY OF VISTA PAGE 2 3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on June 24 2014, by the following vote: AYES: MAYOR RITTER, AGUILERA, COWLES, CAMPBELL, RIGBY NOES: NONE ABSTAIN: NONE APPROVED AS TO FORM: DAROLD PIEPER, CITYATTORNEY By:. APPROVED Darold Pieper 0807 061114 JUDY F^^TIpF , ATTEST: MARCI KILIAN, CITY CLERK RECORDING REQUESTED FOR THE BENEFn OF THE CITY OF CARLSBAD WHEN.RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel Nos.: 210-010-46,45 &42 Documentary transfer tax is SOJOQ Project ID: 3492 ( ) computed on full value of property conveyed, or Related Project ID ( ) computed on fiill value less value of liens and Project Name: Agua Hedionda Sewer encumbrances remaining at time of sale. Lift Station & Force Main Replacement ( ) Unincorporated area: (x) City of Carlsbad QUITCLAIM DEED NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City of Carlsbad, a municipal corporation, and the Vista Sanitation District, a county sanitation district (together, "Transferor"), hereby remise, release, and forever quitclaim to Cabrillo Power I LLC, a Delaware limited liability company ("Transferee"), all of Transferor's right, title, and interest in and to Transferee's real property that was granted to Transferor pursuant to that certain Easement of Right of Way recorded June 24,1964 at 3:18 P.M., as File/Page No. 113886 of Series 5, Book 1964 ofthe Official Records of San Diego Coimty, Califomia, in the location described therein and ia Exhibit A attached hereto, and described in Exhibit B attached hereto, both of which are incorporated by this reference. Executed as oi^mLat4, 2014. [Signature Page Follows] Page 1 CECP Sewer Quitclaim Deed_Execution Original_05.28.14:796106_l TRANSFEROR CITY OF VISTA, a chartered municipal corporation By: Juay Kitter, Mayor ATTEST: Marci JCilian, City Clerk APPROVED AS TO FORM: Darold Pieper, City Attomey RISK MANAGEMENT REVIEW: Dolores Gascon, Risk Manager By: CITY OF CARLSBAD, a mimicipal corporation of the State of Califomia By: Matt Hall, Mayor ATTEST: By: Barbara Engleson, City Cle APPROVED AS TO FORM: Celia A. Brewer, City Attomey Page 2 CECP Sewer Quitclaim Deed_Execution Original_05.28.14:796106_l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of onl-lztoH hJr. me, ^^\ei I OCilVwIS ,k\%iii1 {rijoll Date ) Here Insert Name and Tills of the Officer J personally appeared Name(s) of Slgner(s) SHELLEY COLLINS » CoiniMssion# 1962114 1 Notary PubHc •Ciiifomia | San Oiego County z ^My Comm. Ex^if«»Oac 25.2015^ who proved to nne on the basis of satisfactory evidence to be the person^af whose name(s)tipafe- subscribed to the within instrument and acknowledged to me that <^^he/thoy executed the same in (^^eftthetr authorized capacity(ies), and that by rioter/their signature(s)- on the instrument the person(s)ror the entity upon behalf of which the person(^-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 officiaLseal. Place Notary Seal Above Signature: OPTIONAL SIgnatuse ol NotaryPublio Though the information below is not required by law, it may prove valuable to persons and could prevent fraudulent removal and reattachment of this form to anotfl f on the document •^document Description of Attached Dociu . Number of Pages: Title or Type of Document: C 0 L XJ34 i. Q i A/^ ^ V^.Q 0 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: RIGHT THUMBPRINT OF SIGNER • Corporate Officer — Title(s):. • Individual • Partner — • Limited • General of thumb here • Attorney in Fact y • Trustee • Guardian or Con^sefvator • Other: / Signer ISRepresenting:. Signer's Name: • Corporate Officer — Title(s):. • Individual • Partner — • Limited • General-' • Attorney in Fact . • Trustee , ' • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ffl 2010 National Notary Association • NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT m State of California County On before me, 77 Oate ' f\ ' Here Insert Name anrf Title of t(|^ personally appeared ^U/LLj- r-^i^tijILAy Name(s) of Signer(s) I MARCIA O. KILIAN Commission # 2048899 Notary Public-California San Oiego County 2 MyCowm.Ex^r»sD«ii^!>«iJ 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 and acknowledged to me that tie/she/they executed the same in -his/her/theif authorized capacity (ies), and that by-his/her/thetf signature's) on the instrument the person(^, or the entity upon behalf of which the person(3) 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. Place Notary Seal Above Signature OPTIONAL *: Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^ ^ Tmj>rTyp^ of nnnMmPr.t- ^f^^^^^^ ^A/TWi MW^L itie or Type of Document: 4^ Document Date: , Number of Pages:. Signer(s) Other Than^^amedAboJe^ Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual * , >eP Corporate Officer — Titie(s): Af ^^M6\J ( I I D<5rti-»Qr I I I imi+Qrl I I r^onarol • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT DF SIGNER Top ot thumb here Signer Is Represenjing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • > • Attorney in Fact • Trustee • Guardian or Conservatg • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representir © 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatswortfi, CA 91313-2402 • www.NationSlNotary.org Item #5907 Reottier: Call Toll-Free 1 -800-876-6827 EXfflBIT A LEGAL DESCRIPTION OF THE QUITCLAIMED PROPERTY (See attached.) CECP Sewer Quitclaim Deed_Execution Original_05.28.14:796106_l EXHIBIT 'A' QUITCLAIM EASEMENT LEGAL DESCRIPTION THAT PORTION OF A 17.50 FOOT WIDE SEWER PIPELINE EASEMENT DESCRIBED AS PARCEL 2A IN DEED TO VISTA SANITATION DISTRiCT, RECORDED JUNE 24, 1964 AS FILE NO 113886, OF OFFICIAL RECORDS, LYING WITHIN PARCEL 4 OF CERTiFiCATE OF COMPLIANCE ADJ NO. 00-10, RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001- 0789068 OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY 17350, SAID PARCEL BEING A PORTION OF LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896. SAID EASEMENT CONTAINS 0.810 ACRES, MORE OR LESS. EXfflBIT B DEPICTION OF THE QUITCLAIMED PROPERTY (See attached.) CECP Sewer Quitclaim Deed Execution Original_05.28.14:796106_l EXHIBIT "B" QUITCI^IM EASEMENT PLAT SHEET 1 of 2 LEGAL DESCRIPTION: THAT PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789068 OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY 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. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983. ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVEY 17271. I.E. N40*39'21"W PACIFIC OCEAN OWNER: VISTA SANITATION DISTRICT/CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 VICINITY MAP NO SCALE r INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ANDREW DATE PW5370 EXHIBIT "B" QUITCLAIM EASEMENT PLAT SHEET 2 of 2 SDNR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY) SCALE: r = 200' A INDICATES EASEMENT AREA TO BE QUITCLAIMED SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PW5370