The URL can be used to link to this page

Home My WebLink About5027; Cabrillo Power I LLC; 2017-0445712; EasementRECORDING REQUESTED BY: CARLSBAD MUNICIPAL WATER DISTRICT AND WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) DOC# 2017-0445712 11111111111111111111111111111111111111111111111111111111111111 IIII IIII Sep 28, 2017 10:33 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES 9 The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 210-010-4 7 Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (x) City of Carlsbad Project ID: 5027 ------Related Project ID: 3492; 3949 & 3886 Project Name: Avenida Encinas Recycled Water Line RECYCLED WATER PIPELINE EASEMENT AGREEMENT FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, CABRILLO POWER I LLC, a Delaware limited liability company ("GRANTOR") the owner of the real property described herein, located in the City of Carlsbad, San Diego County, California hereby GRANTS to CARLSBAD MUNICIPAL WATER DISTRICT ("CMWD"), a public agency organized under the Municipal Water Act of 1911, and a subsidiary of the City of Carlsbad, its successors ("GRANTEE"), a non-exclusive recycled water pipeline 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 PARCEL: 1. RECYCLED WATER PIPELINE: Easement granted herein (the "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 transporting distributing recycled water flowing through said pipelines and appurtenances ("Recycled Water Pipeline"). The Recycled Water Pipeline is located as shown on City of Carlsbad Drawing No. 474-5. CMWD shall provide Grantor with copies of final design plans for the Recycled Water Pipeline Facilities within 60 days following the effective date of this agreement. 2. The Recycled Water Pipeline includes a pipeline, and other buried appurtenances necessary to facilitate the operation and maintenance of said pipeline. The access vaults for the Recycled Water Pipeline's valves along with meter service assemblies and fire hydrants shall be constructed at and above grade per CMWD standards. The use of the Easement shall also include a means of pedestrian and vehicular access along said Easement area for the purpose include a means of pedestrian and vehicular access along said Easement area for the purpose of constructing the Recycled Water Pipeline, and from time-to-time thereafter, operating, repairing, maintaining, inspecting and reconstructing said Recycled Water Pipeline. 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 Recycled Water Pipeline. 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. B. 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, together with a reasonably detailed description of such work; except in an emergency, in which case, Grantee shall provide such notice to Grantor as 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 Easement that are affected by such work of the Grantee. Notwithstanding the foregoing, Grantee shall use commercially reasonable efforts to avoid damage to Grantor's above-ground improvements during performance of any such work and, following any such construction, excavation and/or repair or maintenance work, Grantee shall restore the surface of the Easement to substantially the condition it was in before Grantee commenced such work, including repairing or replacing Grantor's roadway or pathway surfaces with standard roadway, driveway or pathway materials (for example, asphalt, concrete or gravel), as applicable, and replacing minor landscaping such as grass and low-growing shrubs damaged by Grantee's work. C. Notwithstanding anything to the contrary herein, Grantee expressly acknowledges that the Easement is situated on certain real property upon which Grantor intends, and has a California Energy Commission license to construct and operate the Carlsbad Energy Center Project (the "CECP"), an electric power generating facility; and Grantee shall make every effort to accommodate the construction and operation of the CECP in conjunction with Grantee's use of the Easement granted herein. Furthermore, Grantee explicitly acknowledges that Grantor has unfettered rights to utilize the Easement in any manner consistent with the rights granted herein, that does not unreasonably interfere with Grantee's ability to maintain and repair the Recycled Water Pipeline, as reasonably determined by Grantee; except as set forth to the contrary herein. D. 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. E. Grantee agrees to indemnify, defend, and hold harmless Grantor and Grantor's lenders, agents, employees and contractors harmless from and against any and all liens, claims, losses, liabilities, damages, costs, expenses, causes of action, fees (including without limitation attorney's fees) (collectively "Losses") arising out of any acts of Grantee or its contractors, agents, or employees pursuant to this agreement or attributable to Grantee's facilities in the Easement. F. Grantee agrees that if for any reason the Recycled Water Pipeline Easement is abandoned for a continuous period of five (5) years, then Grantee will initiate summary vacation proceedings under California Streets & Highways Code section 8333, as may be amended from time to time. [Signature page follows] Page 458 IN WITNESS WHEREOF, this Sewer Easement Agreement has been executed by the parties as of the date hereof. GRANTOR Cabrillo Power I LLC, a Delaware limited liability company By 4~-. Name: :::foht'\ Ch.:\ le~. v ' Its: _ __;_~ _,t_~_':::>-----', J..:;._;.__12_i,,_;;,_t' ______ _ DATED ..::f \J-N.-t L-) 2e> 11- GRANTEE Carlsbad Municipal Water District a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ---'--#-~-AL/------,,.__ __ _ ATTEST: APPROVED AS TO FORM: Celia A. Brewer, General Council A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Francisco ) ss CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT On June 14, 2017, before me, J.M. Bergman, Notary Public, personally appeared John Chillemi, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or 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 official seal. 0 { 11. BERGMAN ° ' COMM. #2046489 z Notary Public · California ~ Contra Costa County ... M Comm Expires Nov. 20, 2017 (Seal) Page 460 EXHIBIT "A" EASEMENT LEGAL DESCRIPTION THAT PORTION OF PARCEL 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 17350, LYING WITHIN 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, DESCRIBED AS FOLLOWS: COMMENCING 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; THENCE NORTH 67°29'44" EAST (RECORD NORTH 67°29'48" EAST PER PARCEL MAP 19380), 35.25 FEET; THENCE NORTH 22°30'16" WEST, 889.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067 & 2001 -0789068, AND SHOWN ON RECORD OF SURVEY 17350, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22°30'16" WEST, 1694.09 FEET; THENCE SOUTH 67°29'44" WEST, 30.00 FEET; THENCE SOUTH 22°30'16" EAST, 1,696.75 FEET TO THE SOUTHERLY LI NE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62°25'1 O" 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. Page 461 EXHIBIT "B" EASEMENT PLAT 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: NRG ENERGY, INC. 1201 FANNIN STREET HOUSTON, TX 77002 fZZZ;J INDICATES EASEMENT AREA • SAN DIEGUITO ENGINEERING, INC • 462 STEVENS AVENUE, SUITE 305 SOLANA BEACH, CA. 92075 PHONE: (B5B) 345-1149 CIVIL ENGINEERING • PLANNING LAND SURVEYING PACIFIC VICINITY MAP NO SCALE SHEET 1 of 3 U•\lcfato \_Projects\P\/5370 AHLS -City of Corlsbool\Drowlngs\Plo ts\Reclolr,eol \lo ter\S370esr,t_rw_cobrlllo_nrg.olwg 2/9/2017 P 5370 Page 462 1b iJ) .,> EXHIBIT "B" EASEMENT PLAT --0 1b ~ 'Z () iJ) --0 ~ ~ < ~ 6) ~ ~ -l SDNR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY).....--~ SCALE: 1" = 200' 0 200· 400' fZZ2d INDICATES EASEMENT AREA P.O.C. T.P.0.8. POINT OF COMMENCEMENT TRUE POINT OF BEGINNING ~ 0 () SHEET 2 of 3 Page 463 \ \ \ \I SCALE: 1" = 200· 0 200' t iJ) ..> ~ EXHIBIT "B" EASEMENT PLAT PARCEL 3 t ~. ~-.,> .,> 61. <fo~ l? ·o 6) \9. ~ tp l? '3. 400' 1777:3 INDICATES EASEMENT AREA SHEET 3 of 3 --{) --{) ~ t ~ ~ iJ) (") < ~ ~ ~ ~ (") 0 Page 464 EXHIBIT 2 RECYCLED WATERLINE NOT TO SCALE PROJECT NAME LOCATION MAP A VEN/DA ENCINAS RECYCLED WATERLINE PROJECT DRA'MI 8~ SCOTT E:VANS: CARLSBAD U71L/71E:S DE:PT. 9/24/14 C: \U11L/71E:S DE:PAR1ME:NT\LOCA710N MAPS\5207...RE:CYCLE:D WATE:RLINE:.DWG PROJECT NUMBER 5027 EXHIBIT 2 Page 465 CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Recycled Water Pipeline Easement Agreement, dated June 12, 2017, from the Carlsbad Municipal Water District, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: 9l;J1 /1 ·z \ J ll ") m · ·wr~ ~t-'hd\ , Tamara McMinn Deputy City Clerk (SEAL)