HomeMy WebLinkAbout2006-06-20; City Council; 18615; Precise Development Plan and Desalination PlantCITY OF CARLSBAD - AGENDA BILL 10
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MTG.
DEPT.
14,615, .
06/20/06
Clerk
PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT SP 144(H),
PDP 00-02 AND DA 05-01
DEPT. HEAD A^
CITY ATTY. ^
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-805 amending the Encina Specific Plan SP 144 to incorporate
Precise Development Plan 00-02 for the Encina Power Station and Carlsbad Seawater
Desalination Plant located on property north of Cannon Road, south of Agua Hedionda
Lagoon, east of Carlsbad Boulevard and west of Interstate 5 in Local Facilities Management
Zones 1 and 3; and,
Adopt Ordinance No. NS-806 approving a Precise Development Plan PDP 00-02 for the
proposed Carlsbad Seawater Desalination Plant and the existing 95-acre Encina Power
Station, located on property north of Cannon Road, south of Agua Hedionda Lagoon, east of
Carlsbad Boulevard and west of Interstate 5 in Local Facilities Management Zones 1 and 3;
and,
Adopt Ordinance No. NS-807 approving a Development Agreement between the City of
Carlsbad and Poseidon Resources (Channelside) LLC to provide for the construction of the
Carlsbad Seawater Desalination Plant.
ITEM EXPLANATION:
Ordinance Nos. NS-805, NS-806, and NS-807 were introduced and first read at the City
Council meeting held on June 13,2006. The second reading allows the City Council to adopt
the ordinances, which would then become effective in thirty days. The City Clerk will have the
ordinances published within fifteen days, if adopted. (Notwithstanding the preceding, these
ordinances shall not be effective until approval by the California Coastal Commission.)
FISCAL IMPACT:
See Agenda Bill No. 18,602 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. NS-805
2. Ordinance No. NS-806
3. Ordinance No. NS-807
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobiaci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED KT
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
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1 ORDINANCE NO.. NS-80S
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING THE ENCINA SPECIFIC
PLAN SP 144 TO INCORPORATE PRECISE DEVELOPMENT
4 PLAN 00-02 FOR THE ENCINA POWER STATION AND
CARLSBAD SEAWATER DESALINATION PLANT LOCATED ON
5 PROPERTY NORTH OF CANNON ROAD, SOUTH OF AGUA
HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND
6 WEST OF INTERSTATE 5 AND IN LOCAL FACILITIES
MANAGEMENT ZONES 1 AND 3.
7 CASE NAME: PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT
8 CASE NO.: SP 144(H)
9 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to incorporate Precise Development Permit 00-02 for the Encina Power
Station and Carlsbad Seawater Desalination Plant into the Encina Specific Plan 144; and
12 WHEREAS, said application constitutes a request for a Specific Plan
13
Amendment as shown on Exhibit "Encina Specific Plan Amendment - SP 144(H)" attached
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hereto and made a part hereof.
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WHEREAS, after procedures in accordance with the requirements of law, the
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City of Carlsbad has determined that the public interest indicates that said Specific Plan
Amendment be approved.
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j9 WHEREAS, the City Council did on the 13th day of June 2006
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Council considered all factors
23 relating to the Specific Plan Amendment.
24 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
25 follows:
26 SECTION I: That Specific Plan Amendment SP 144(H) dated May 3, 2006, on
27 file in the Planning Department, and incorporated by reference herein, is approved. All
28 development of the property shall substantially conform to the plan unless otherwise noted in
these conditions.
SECTION II: That the findings and conditions of the Planning Commission in
2 Planning Commission Resolution No. 6089 shall also constitute the findings and conditions of
the City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
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adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
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fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendment is8
subject to a coastal development permit issued by the California Coastal Commission and shall
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not be effective until it is approved by the California Coastal Commission.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 13th day of June , 2006, and
thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 20th day of June , 2006, by the following
vote, to wit:
AYES: 'Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
DR. BALL, City Attorney
IS, Mayor
ATTEST:
M. WOOD, City Clerk
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1 ORDINANCE NO. NS-806
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN POP 00-02 FOR (1) THE EXISTING 95-
4 ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600
CARLSBAD BOULEVARD IN LOCAL FACILITIES
5 MANAGEMENT ZONES 1 AND 3 AND GENERALLY NORTH OF
CANNON ROAD, SOUTH OF AGUA HEADIONDA LAGOON,
6 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE
5, AND; (2) THE PROPOSED CARLSBAD SEAWATER
7 DESALINATION PLANT, WHICH WOULD BE LOCATED ON THE
GROUNDS OF THE EPS.
8 CASE NAME: PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT
9 CASE NO.: POP 00-02
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to approve Precise Development Permit 00-02 for the Encina Power
12 Station and Carlsbad Seawater Desalination Plant; and
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WHEREAS, after procedures in accordance with the requirements of law, the
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City of Carlsbad has determined that the public interest indicates that said Precise Development
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Plan be approved; and
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WHEREAS, the City Council did on the 13th day of June
2006, held a duly noticed public hearing as prescribed by law to consider said request; and
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,n WHEREAS at said public hearing, upon hearing and considering all testimony
2Q and arguments, if any, of all persons desiring to be heard, said Council considered all factors
21 relating to the Precise Development Plan.
22 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
23 follows:
24 SECTION I: That Precise Development Plan POP 00-02, dated May 3, 2006, on
25 file in the Planning Department and incorporated by reference herein is approved. All
development of the property shall substantially conform to the approved plan as conditioned.
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It
SECTION II: That the findings and conditions of the Planning Commission in
7 Planning Commission Resolution No. 6088 shall also constitute the findings and conditions of
the City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
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adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
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fifteen days after its adoption. Notwithstanding the preceding, this ordinance is subject to a
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coastal development permit issued by the California Coastal Commission and shall not be
effective until it is approved by the California Coastal Commission.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 13th day of June , 2006, and
thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 20th day of June , 2006, by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Hall
APPROVED AS TO FORM AND LEGALITY:
,LD R. BALL, City Attorney
, Mayor
ATTEST:
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ORDINANCE NO. NS-807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND POSEIDON RESOURCES
(CHANNELSIDE) LLC TO PROVIDE FOR THE
CONSTRUCTION OF THE CARLSBAD SEAWATER
DESALINATION PLANT.
CASE NAME: PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT
CASE NO.: DA 05-01
WHEREAS, the City Council of the City of Carlsbad, California has
reviewed and considered a request to approve a Development Agreement for the
Carlsbad Seawater Desalination Plant; and
12 WHEREAS, after procedures in accordance with the requirements of
13 law, the City of Carlsbad has determined that the public interest indicates that said
14
Development Agreement be approved; and
10
WHEREAS, California Government Code Section 65867.5 and
Carlsbad Municipal Code Section 21.70.090 state the approval of a development
agreement is a legislative act which must be approved by ordinance; and
WHEREAS, this ordinance is adopted pursuant to Article 2.5 of the
20 California Government Code and Chapter 21.70 of the Carlsbad Municipal Code;
21
and
22
WHEREAS, the City Council did on the 13th day of23
June 2006 hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
27 testimony and arguments, if any, of all persons desiring to be heard, said Council
28 considered all factors relating to the Development Agreement.
Ordinance No. NS-807
Page 1 of 3
1
2 ordain as follows:
3 SECTION 1: That the Development Agreement between the City of
4
Carlsbad and Poseidon Resources (Channelside) LLC, attached hereto marked
5
Exhibit "D-1" and incorporated by reference ("Development Agreement") is6
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NOW, THEREFORE, the City Council of the City of Carlsbad does
approved in substantially the form presented at the Council meeting of June 13,
2006 and subject to obtaining the consent of the property owner (Cabrillo Power I,
LLC) in a form satisfactory to the City Attorney.
SECTION 2: That the findings of the Planning Commission in
11 Planning Commission Resolution No. 6090 shall also constitute the findings of the
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City Council.
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SECTION 3: Upon the occurrence of the Effective Date (as defined
in the Development Agreement), the City Clerk is authorized and directed to
record the Development Agreement in the Office of the San Diego County
Recorder pursuant to Section 21.70.030 of the Carlsbad Municipal Code.
18 EFFECTIVE DATE: This ordinance shall be effective thirty days
19
after its adoption, and the City Clerk shall certify the adoption of this ordinance and
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cause it to be published at least once in a publication of general circulation in the
City of Carlsbad within fifteen days after its adoption. Notwithstanding the
preceding, this ordinance shall not become effective unless and until the
Development Agreement is approved by the California Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the
26 Carlsbad City Council on the 13th day of June , 2006, and
27
thereafter
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Ordinance No. NS-807
Page 2 of 3
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PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 20th day of June , 2006, by the following
vote, to wit:
AYES' Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Hall
APPROVED AS TO FORM AND LEGALITY
RANALD R. BALL, City Attorney
IS, Mayor
ATTEST:
M. WOOD, City Clerk
Ordinance No. NS-807
Page 3 of 3
Exhibit "D-1"
Recorded at request of:
Clerk, City Council
City of Carlsbad
When recorded return to:
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: City Attorney
(Space above for Recorder's Use Only)
This document is exempt from the payment of
a recording fee pursuant to Government Code
Section 6103.
DEVELOPMENT AGREEMENT
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF CARLSBAD
and
POSEIDON RESOURCES (CHANNELSIDE) LLC
DSMDB.1996157.6B
TABLE OF CONTENTS
1 DEFINITIONS AND EXHIBITS 2
1.1 Definitions 2
2 GENERAL PROVISIONS 6
2.1 Binding Effect of Agreement 6
2.2 Legal Interest in Property 6
2.3 Term 6
2.4 Sale, Transfer or Assignment 6
2.5 Amendment or Cancellation of Agreement 9
2.6 Termination 9
2.7 Liability 10
2.8 Compliance With Environmental Law 10
3 DEVELOPMENT OF THE PROJECT 10
3.1 Permitted Uses 10
3.2 Vested Rights 10
3.3 Effect of Agreement on Land Use Regulations 11
3.4 Timing of Development 11
3.5 Changes and Amendments 12
3.6 Reservations of Authority 12
3.7 Public Works 13
3.8 Provision of Real Property Interests by the City. 14
3.9 Regulation by Other Public Agencies 14
3.10 Tentative Tract Map Extension 14
3.11 Poseidon Obligation to Obtain and Maintain Insurance 14
4 PUBLIC BENEFITS 14
4.1 Intent 14
4.2 Mitigation Measures and Fees 15
4.3 Dedications 16
5 FINANCING OF APPURTENANT FACILITIES; OTHER PUBLIC
FINANCING; USE OF PUBLIC RIGHTS OF WAY 16
5.1 Appurtenant Facilities 16
5.2 Other Public Financing 16
5.3 Use of Public Rights of Way 16
6 ANNUAL REVIEW 16
6.1 Periodic Review 17
6.2 Opportunity to be Heard 17
6.3 Information to be Provided Poseidon 17
7 INCORPORATION AND ANNEXATION 17
7.1 Intent 17
7.2 Incorporation 17
7.3 Annexation 17
8 DEFAULT AND REMEDIES 17
8.1 Remedies in General 18
DSMDB.1996157.6B
8.2 Termination by City 18
8.3 Liquidated Damages for Poseidon's Failure to Amend This Agreement
Upon Relocation of Plant Facilities 18
8.4 Specific Performance 19
8.5 Release and Reservation 20
8.6 Termination Agreement for Default of Poseidon 20
8.7 Termination of Agreement for Default of the City 20
8.8 Rights, Remedies for Negligence, Willful Misconduct 20
9 THIRD PARTY LITIGATION; INDEMNIFICATION 20
9.1 General Plan Litigation 20
9.2 Third Party Litigation Concerning Agreement 21
9.3 Breaches of Agreement; Property Damage, Bodily Injury or Death 21
9.4 Indemnification Procedure 21
9.5 Survival 22
10 MORTGAGEE PROTECTION 22
11 MISCELLANEOUS PROVISIONS 23
11.1 Recordation of Agreement 23
11.2 Further Actions 23
11.3 Amendment 23
11.4 Entire Agreement 23
11.5 Notices 23
11.6 Controlling Law 24
11.7 Headings.... 24
11.8 Cumulative Rights; Waiver 24
11.9 Liberal Construction 24
11.10 Severability 24
11.11 Good Faith and Fair Dealing 25
11.12 No Third Party Beneficiaries 25
11.13 Execution in Counterparts 25
11.14 Time of the Essence 25
11.15 Number, Gender 25
11.16 Relationship 25
11.17 Joint and Several Obligations 26
11.18 Force Maj'eure 26
11.19 Mutual Covenants 26
11.20 Successors in Interest 26
11.21 Jurisdiction and Venue 26
11.22 Project as a Private Undertaking 26
11.23 Eminent Domain 26
11.24 Agent for Service of Process 26
11.25 Authority to Execute 27
11.26 Commission Approval Required 27
11.27 Approval Procedure 27
11
DSMDB.1996157.6B
DEVELOPMENT AGREEMENT
This Agreement, entered into as of the Effective Date, by and between the
City and Poseidon, is made with respect to the following facts:
RECITALS
WHEREAS, the City is authorized to enter into binding development
agreements with persons having legal or equitable interests in real property for the
development of such property, pursuant to Section 65864, et seq. of the Code; and,
WHEREAS, pursuant to Section 65865 of the Code, the City has adopted
Chapter 21.70 of the Carlsbad Municipal Code, establishing rules and regulations for
consideration of development agreements; and,
WHEREAS, Poseidon and the City have agreed to enter into a development
agreement and proceedings have been taken in accordance with Chapter 21.70 and
otherwise in accordance with the rules and regulations of the City; and,
WHEREAS, by electing to enter into this Agreement, the City shall bind future
City Councils of the City by the obligations specified herein and limit the future exercise
of certain governmental and proprietary powers of the City; and,
WHEREAS, the terms and conditions of this Agreement have undergone
extensive review by the City and the City Council of the City and have been found to be
fair, just and reasonable; and,
WHEREAS, the best interests of the citizens of the City and the public health,
safety and welfare will be served by entering into this Agreement; and,
WHEREAS, the Project (as hereinafter defined) is consistent with, and
includes elements specifically intended to advance the goals of the State of California
related to, the protection, maintenance and where feasible enhancement and
restoration of the overall quality of the coastal zone environment and to maximize public
access and recreational opportunities along the coast, and includes public dedication of
several acres of ocean and lagoon front property that has been agreed to by Poseidon
as described in Exhibit 5 of the Precise Development Plan (PDP 00-02); and,
WHEREAS, all of the procedures of CEQA have been met with respect to the
Project and this Agreement; and,
WHEREAS, by Council Resolution No. , the City Council, after
making appropriate findings, certified the Environmental Impact Report for the Project,
dated , 2006, under the provisions of CEQA; and,
WHEREAS, this Agreement and the Project are consistent with the City's
General Plan and the Precise Development Plan applicable to the Property; and,
WHEREAS, all actions taken and approvals given by the City have been duly
DSMDB. 1996157.6B
taken or approved in accordance with Chapter 21.70 and with all applicable legal
requirements for notice, public hearings, findings, votes, and other procedural matters;
and,
WHEREAS, pursuant to the Approval Ordinance, the City Council approved
this Agreement; and,
WHEREAS, development of the Project in accordance with this Agreement
will provide substantial benefits to the City and will further important policies and goals
of the City; and,
WHEREAS, this Agreement will eliminate uncertainty in planning and provide
for the orderly development of the Project, ensure progressive installation of necessary
improvements, provide for public services appropriate to the development of the Project,
and generally serve the purposes for which development agreements under Sections
65864, et seq. of the Code and Chapter 21.70 are intended; and,
WHEREAS, Poseidon has incurred and will in the future incur substantial
costs in the development of the Project in accordance with this Agreement in order to
assure vesting of legal rights to develop the Project in accordance with this Agreement.
NOW, THEREFORE, in consideration of the above recitals and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
COVENANTS
1 DEFINITIONS AND EXHIBITS.
1.1 Definitions. When used in this Agreement, the following terms shall have
the meaning set forth below:
1.1.1 "Agreement" means this Development Agreement.
1.1.2 "Agreement Date" means the date this Agreement is fully
executed by the parties.
1.1.3 "Approval Ordinance" means the City Ordinance No. ,
which became effective on , 2006, approving this Agreement.
1.1.4 "Appurtenant Facilities" means transmission assets, whether or not
located at the Power Plant, consisting of appurtenant and ancillary facilities, including
without limitation (a) pipelines, pump stations and other facilities within the City that are
necessary or convenient for the use, conveyance, storage, and distribution of
desalinated seawater, and (b) such incidental appurtenant and ancillary facilities as are
located in the Cities of Oceanside or Vista, California.
1.1.5 "Cabrillo" means Cabrillo Power I, LLC, a Delaware limited liability
company, its successors and assigns, and the successors in interest to all or any part of
Cabrillo's interest in the Property.
DSMDB.1996157.6B
1.1.6 "CEQA" means the California Environmental Quality Act, California
Public Resources Code Sections 21000 et seq.
1.1.7 "City" means the City of Carlsbad, California, a municipal
corporation and a general law city formed under the laws of the State of California.
1.1.8 "City Council" means the duly elected members of the City Council
of the City, as those members may from time to time be elected.
1.1.9 "Code" means the California Government Code.
1.1.10 "Commission" means the California Coastal Commission.
1.1.11 "Default" means (a) with respect to either party, any failure to
perform any material duty or obligation under this Agreement, (b) with respect to
Poseidon, any Event of Default with respect to Poseidon under the Water Purchase
Agreement, and with respect to the City, any Event of Default with respect to the District
under the Water Purchase Agreement.
1.1.12 "Development" means the improvement of the portion of the
Property subject to the Leasehold for the purposes of completing the structures,
improvements and facilities comprising the Plant Facilities, including, but not limited to:
grading; the construction of infrastructure and public facilities, whether located within or
outside the portion of the Property subject to the Leasehold that are related to the Plant
Facilities; the construction of buildings and structures; and the installation of
landscaping. "Development" does not include the maintenance, repair, reconstruction
or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.13 "Development Approvals" means all permits and other entitlements
for use, subject to approval or issuance by the City, the RDA or the Commission, as
applicable, in connection with: (i) Development of the portion of the Property subject to
the Leasehold and (ii) the Appurtenant Facilities, including, but not limited to:
(a) Project EIR
(b) Precise Development Plan (POP 00-02) and any
amendments thereto;
(c) Coastal Development Permit;
(d) Redevelopment Permit;
(e) Improvement Plans;
(f) Grading permit(s);
(g) Habitat Management Plan Permit;
(h) Encroachment Permit(s);
(i) Easements and Rights of Way Permits;
(j) Haul Route Permit;
3
DSMDB.1996157.6B
(k) This Agreement; and
(I) Special Use Permit.
1.1.14 "Development Plan" means the Existing Development Approvals
and the Existing Land Use Regulations applicable to Development of the Project on the
portion of the Property subject to the Leasehold.
1.1.15 "District" means the Carlsbad Municipal Water District, a municipal
water district.
1.1.16 "Effective Date" means the last to occur of the following: (i) the date
the Approval Ordinance becomes effective, (ii) the date that the Agreement is fully
executed by the parties, (iii) the date the Commission approves this Agreement, or (iv)
the date Cabrillo has provided the consent attached hereto as Exhibit "A".
1.1.17 "Existing Development Approvals" means all Development
Approvals approved or issued prior to the Agreement Date. Existing Development
Approvals include the approvals incorporated herein as Exhibit "D" and all other
approvals which are a matter of public record on the Agreement Date.
1.1.18 "Existing Land Use Regulations" means all Land Use Regulations
in effect on the Agreement Date. Existing Land Use Regulations include the Land Use
Regulations incorporated herein as Exhibit "E" and all other Land Use Regulations
which are a matter of public record on the Agreement Date. Existing Land Use
Regulations do not include Police Power Regulations.
1.1.19 "Land Use Regulations" means all ordinances, resolutions, codes,
rules, regulations and official policies of the City, other than the Police Power
Regulations, governing the development and use of land, including without limitation the
permitted use of land, the density or intensity of use, subdivision requirements, the
maximum height and size of proposed buildings, the provisions for reservation or
dedication of land for public purposes, and the design, improvement and construction
standards and specifications applicable to the development of the Property.
1.1.20 "Lease" means that certain Ground Lease and Easement
Agreement, dated July 11, 2003, and entered into by and between Poseidon and
Cabrillo.
1.1.21 "Leasehold" means Poseidon's interest in a portion of the Property
under the terms and conditions of the Lease.
1.1.22 "MGD" means million gallons per day.
1.1.23 "Mortgagee" means a mortgagee of a mortgage, a beneficiary
under a deed of trust or any other security-device lender, and their successors and
assigns.
1.1.24 "Plant Facilities" means production assets consisting of a reverse-
osmosis seawater desalination plant.
1.1.25 "Police Power Regulations" means any City ordinance, resolution,
code, rule, regulation or official policy, governing: (a) public health, safety, morals and
welfare, in general, and the control and abatement of nuisances, in particular;(b) the
DSMDB. 1996157.6B
fl
granting of right of way permits and the conveyance of rights and interests which
provide for the use of or the entry upon public property (excluding any Development
Approvals or any rights of way necessary to implement the Project as specified in the
Development Approvals) or (c) the exercise of the power of eminent domain.
1.1.26 "Poseidon" means Poseidon Resources (Channelside) LLC, a
Delaware limited liability company, its successors and assigns, and the successors in
interest to all or any part of Poseidon's interest in the Project.
1.1.27 "Power Plant" means the Encina Power Station owned and
operated by Cabrillo.
1.1.28 "Product Water" means desalinated seawater produced from the
Project.
1.1.29 "Project" means, generally, the Development of the portion of the
Property subject to the Leasehold contemplated by the Development Plan as such
Development Plan may be further defined, enhanced or modified pursuant to the
provisions of this Agreement, and specifically, the development of an integrated
reverse-osmosis desalination plant comprising: (1) the Plant Facilities; and (2) the
Appurtenant Facilities; provided, however that if the District elects to own or have a joint
powers authority own facilities pursuant to Section 9.2 of the Water Purchase
Agreement, such facilities shall be excluded from the definition of Project hereunder.
The Project is expected to have the capacity to produce and convey approximately 25
MGD to 55 MGD of Product Water, but the scope of the Project, including without
limitation the location of the Appurtenant Facilities, may be further defined, enhanced or
modified pursuant to the provisions of the Development Approvals.
1.1.30 "Property" means the real property described on Exhibit "B" and
depicted on Exhibit "C" to this Agreement.
1.1.31 "RDA" means the Carlsbad Housing and Redevelopment
Commission.
1.1.32 "Reservations of Authority" means the rights and authority excepted
from the assurances and rights provided to Poseidon under this Agreement and
reserved to the City under Sections 3.6 through 3.6.4 of this Agreement.
1.1.33 "Subsequent Development Approvals" means all Development
Approvals required subsequent to the Agreement Date in connection with development
of the Project.
1.1.34 "Subsequent Development Exaction" means any requirement of the
City in connection with or pursuant to any Subsequent Land Use Regulation or
Subsequent Development Approvals for the dedication of land, the construction of
improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other
public interests.
1.1.35 "Subsequent Land Use Regulations" means any Land Use
Regulations adopted and effective after the Agreement Date.
1.1.36 "Water Purchase Agreement" means that certain Water Purchase
Agreement, dated as of September 28, 2004, and entered into by and between
DSMDB.1996157.6B
Poseidon and the District, as the same shall be amended from time to time.
1.2 Exhibits. The following documents are attached to, and by this reference
made a part of, this Agreement:
Exhibit "A" - Form of Cabrillo Consent.
Exhibit "B" — Legal Description of the Property.
Exhibit "C" — Map depicting Property and its location.
Exhibit "D" - Existing Development Approvals.
Exhibit "E" - Existing Land Use Regulations.
2 GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. This Agreement runs with, and is binding
upon, the Leasehold, the Project and the Property. Development of the Project is
authorized by the Development Approvals and, except as otherwise provided for herein,
shall be carried out only in accordance with the terms of the Development Approvals.
Notwithstanding anything in this Agreement to the contrary, this Agreement shall only
apply to the Development of the Project on the Property subject to the Leasehold, and
shall not apply to any other development of the Property.
2.2 Legal Interest in Property. Poseidon represents and covenants that
Cabrillo is the owner of the fee simple title to the Property, and that, as of the
Agreement Date, Poseidon has a legal interest in the Property pursuant to the Lease.
2.3 Term. The term of this Agreement shall commence on the Effective Date
and shall continue for a period of forty (40) years thereafter, unless the Agreement is
terminated or the term is modified or extended pursuant to the provisions of this
Agreement.
2.4 Sale. Transfer or Assignment.
2.4.1 Right to Assign. Poseidon shall have the right to sell, transfer or
assign this Agreement, in whole or in part, if and only if it meets the conditions set forth
in clauses (a) and (b) below:
(a) Either:
(i) The sale, transfer or assignment is made in
connection with a sale, transfer or assignment, voluntarily or involuntarily, by
operation of law or otherwise, of all or a part of the Project and the prior written
consent of the City is obtained; or
(ii) The sale, transfer or assignment is made in
connection with a sale, transfer or assignment, voluntarily or involuntarily, by
operation of law or otherwise, of all or a part of Poseidon's interest in the
Leasehold and the Property and the prior written consent of the City is obtained;
DSMDB. 1996157.6B
or
(iii) The sale, transfer or assignment is made in
connection with a permitted assignment of the Water Purchase Agreement; and
(b) The proposed assignee has provided the City Manager with
an executed agreement, in a form reasonably acceptable to the City, providing therein
that such purchaser, transferee or assignee expressly and unconditionally assumes all
the duties and obligations of Poseidon under this Agreement, including but not limited to
the financial obligations of Poseidon set forth herein.
(c) Any sale, transfer or assignment not made compliance with
the foregoing conditions shall constitute a default by Poseidon under this Agreement.
Notwithstanding the failure of any purchaser, transferee or assignee to execute the
agreement required by Paragraph (b), above, of this Subsection 2.4.1, and regardless
of whether such purchaser, transferee or assignee has succeeded to Poseidon's
interest in the Project, the Property or the Leasehold voluntarily or involuntarily, by
operation of law or otherwise, the burdens of this Agreement shall be binding upon such
purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to
such purchaser, transferee or assignee until and unless such agreement is executed.
2.4.2 Condemnation. In reliance upon the terms, covenants and
conditions set forth in this Agreement, the City and (or) the RDA have (has)
incurred and/or will incur costs and expenses, including but not limited to costs
and expenses to finance or refinance the construction and installation of public
improvements of benefit to the Project, a portion of are expected to be
reimbursed to the City as mitigation fees pursuant to Section 4 of this Agreement.
The parties intend that the right to this mitigation fee and the recordation of this
Agreement reflecting the mitigation fee obligation, which runs with the Property
and the Project under this Agreement, constitute a compensable interest in the
Property held by the City and/or the RDA (the "City/RDA Property Interest"). If at
any time during the term of this Agreement: (i) all or any portion of Poseidon's
interest in the Project or its interest in the Lease or the real property underlying
the Project (the "Poseidon Property Interest") is taken under the power of
eminent domain, or if there is a voluntary conveyance in lieu of or under the
threat of eminent domain, (ii) Poseidon is no longer obligated to pay the
mitigation fee pursuant to Section 4 of this Agreement and (iii) the acquiring party
does not agree to pay such mitigation fee, the provisions of this Section 2.4.2
shall apply.
(a) If a court or jury renders a total, undivided award of
compensation in a condemnation action without apportioning the award between
the Poseidon Property Interest and the City/RDA Property Interest, then the
parties agree (absent an agreement upon how the undivided sum should be
shared), to request the court to conduct a second phase of the trial to apportion
the award between the City and/or the RDA, on the one hand, and Poseidon, on
the other hand, in accordance with their respective property interests. In such a
second phase, the City and/or RDA shall present evidence of the value of its
interest as described in subsection (c) below, and Poseidon shall present
evidence of the value of its interest according to the method of valuation which it
believes is most appropriate under the circumstances and timing of the
condemnation. If the amount of the undivided award is insufficient to
compensate the City and/or the RDA, on the one hand, and Poseidon, on the
other hand, based on each party's method of valuation, then it is the parties'
DSMDB.1996157.6B
intent that the court shall equitably apportion the undivided award (without any
preference or priority being applied to the interest of either the City and/or the
RDA, on the one hand, or Poseidon, on the other hand).
(b) If there is a voluntary conveyance by Poseidon of the
Poseidon Property Interest or any part thereof to a public or quasi-public agency
or entity (the "Condemning Agency") in lieu of or under threat by the Condemning
Agency to take the Poseidon Property Interest, or any portion thereof, by eminent
domain proceedings, Poseidon shall include in the voluntary sales price the
present value (calculated as of the date of the voluntary conveyance using as a
discount rate the Standard & Poor's (S&P) Composite Yield Table, prepared by
the Bond Market Association, showing the yield composites of AA-rated
municipal bonds with 20-year maturities (the "S&P Composite Bond Yield Index")
for the month immediately preceding the month in which the voluntary
conveyance occurs) of the estimated property taxes that the City, the District or
the RDA would receive from the construction, operation and ownership of the
Project on the Property, from the date of the voluntary conveyance to the end of
the term of this Agreement, and within thirty (30) days of receipt of the voluntary
sales proceeds or the first installment thereof if there is an installment sale, shall
pay to the City and/or the RDA such present value (or in the case of an
installment sale a portion thereof based on the relative amount of such present
value and the aggregate voluntary sales price).
(c) If at any time during the term of this Agreement there is a
taking of an interest in the Project under the power of eminent domain, as more
particularly set forth in and subject to Section 2.4.2 (a) above, then, as between
the City and/or the RDA, on the one hand, and Poseidon, on the other hand, the
parties agree that the value of the City/RDA Property Interest shall be calculated
as follows:
the value shall be equal to the unamortized value of
the total cost and expenses incurred by the City
and/or the RDA pursuant to this Agreement,
determined by calculating the present value
(calculated as of the date of the taking using as a
discount rate the S&P Composite Bond Yield Index
for the month immediately preceding the month in
which the taking occurs) of the estimated property
taxes that the City, the District or the RDA would
receive from the construction, operation and
ownership of the Project on the Property, from the
date of the taking to the end of the term of this
Agreement.
(d) Within ten (10) days after receipt thereof, each party shall
give the other party copies of any notice received with respect to a proposed or
pending taking under power of eminent domain of any portion of the Project or
the real property underlying the Project. Poseidon shall give the City and RDA
written notice at least ten (10) days prior to entering into an agreement voluntarily
conveying all or any portion of the Poseidon Property Interest in lieu of or under
the threat of eminent domain.
(e) This Section 2.4.2 shall not apply to any Condemning
Agency that has an agreement with the City and/or the RDA with respect to the
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DSMDB. 1996157.6B
payment of a mitigation fee (including that certain Agreement Memorializing
Certain Understandings and Establishing a Framework for Cooperation, dated as
of April 28, 2005, by and between the San Diego County Water Authority, the
City, the District and the RDA).
(f) If (i) at any time during the term of this Agreement there is a
taking of an interest in the Project under the power of eminent domain (or by a voluntary
conveyance in lieu thereof), as more particularly set forth in Section 2.4.2 (a) or (b)
above, (ii) the Condemning Agency does not have an agreement with the City and/or
the RDA with respect to the payment of a mitigation fee, (iii) the Condemning Agency
nonetheless pays some or all of the mitigation fee required by Section 4 of this
Agreement, (iv) the City or the RDA has received payment for the City/RDA Property
Interest pursuant to Section 2.4.2 (a) or (b) above and (v) in the case of an award being
apportioned pursuant to Section 2.4.2(a) above Poseidon receives less than its
proposed value of its interest, then the City shall pay Poseidon (or shall cause the RDA
to pay to Poseidon) such installments of the mitigation fee received from the
Condemning Agency, within thirty (30) days of the date the City and/or RDA receives
such payments, until such time as Poseidon has received an amount equal to the
amount paid to the City and/or RDA pursuant to Section 2.4.2 (a) or (b) above set forth.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or
assignment of this Agreement after an initial sale, transfer or assignment of this
Agreement shall be made only in accordance with and subject to the terms and
conditions of this Section.
2.5 Amendment or Cancellation of Agreement. This Agreement may be
amended or cancelled in whole or in part only by written consent of all parties in the
manner provided for in Code Section 65868. This provision shall not limit any remedy
of the City or Poseidon as provided by this Agreement.
2.6 Termination. The parties acknowledge and agree that, except for Section
2.7 hereof, this Agreement is intended to run with the Leasehold and the Project and to
be binding on successors and assigns of the parties hereto. Accordingly, even if
Poseidon is no longer the lessee under the Lease or the owner of the Project, this
Agreement shall not be deemed terminated, but shall continue in full force and effect
unless any of the following events occurs:
(a) Expiration of the term of this Agreement stated in Section
2.3;
(b) Entry of a final non-appealable judgment setting aside,
voiding or annulling the adoption of the Approval Ordinance;
(c) The adoption of a referendum measure repealing the
Approval Ordinance; or
(d) The Project does not commence operation within ten
(10) years after the Agreement Date.
Termination of this Agreement shall not constitute termination of
any other land use entitlements approved for the Project or the portion of the Property
subject to the Leasehold. Upon the termination of this Agreement, no party shall have
DSMDB.1996157.6B
any further right or obligation hereunder except with respect to any obligation to have
been performed prior to such termination or with respect to any default in the
performance of the provisions of this Agreement which has occurred prior to such
termination or with respect to any obligations which are specifically set forth as surviving
the termination of this Agreement.
2.7 Liability. The parties acknowledge and agree that Poseidon
Resources (Channelside) LLC shall have no further liability under this Agreement
in the event of:
(i) A sale, transfer or assignment of this
Agreement pursuant to Section 2.4.1;
(ii) Acquisition of Poseidon's interest in the Project
as described in Section 2.4.2; or
(iii) Poseidon otherwise ceases the Development
of the Project.
The release of liability in this Section 2.7 shall apply to Poseidon
Resources (Channelside) LLC only, and not to any successor in interest, by operation of
law or otherwise, to Poseidon Resources (Channelside) LLC.
2.8 Compliance With Environmental Law. Poseidon shall operate and
maintain the Project in accordance with all applicable state and federal
environmental laws, notwithstanding any exemption that Poseidon may otherwise
have under international trade rules.
3 DEVELOPMENT OF THE PROJECT.
3.1 Permitted Uses. The Project shall be used and developed only for the
purposes more particularly set forth in the Development Plan and for such other uses
that may be mutually agreed upon by the parties hereto in accordance with Subsequent
Development Approvals and the applicable provisions of the Code relating to the
amendment of development agreements. In particular, the permitted uses of the portion
of the Property subject to the Leasehold, the density and intensity of use, the maximum
height and size of proposed buildings, the production capacity of the Plant Facilities,
and provisions for reservation and dedication of land for public purposes shall be those
set forth in the Development Plan.
3.2 Vested Rights. Unless amended or terminated in the manner specified in
this Agreement (and subject to the provisions of this Agreement), or unless Poseidon
otherwise agrees, Poseidon shall have the rights and benefits afforded by this
Agreement and this Agreement shall be enforceable by Poseidon and the City
notwithstanding the occurrence of any of the following after the Agreement Date: (a) any
growth control measure or any development moratorium, or (b) any change in the
applicable general or specific plans, zoning, subdivision or building regulations adopted
by the City which alter or amend the Development Approvals, or (c) the adoption of any
new or amended ordinance, resolution, rule, regulation, requirement or official policy,
other than any of the Police Power Regulations, that is inconsistent with, or more
burdensome on Poseidon than, the Development Approvals so as to prevent or
materially adversely affect development, financing, construction or operation in
accordance with the Development Approvals. Unless Poseidon otherwise consents in
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DSMDB.1996157.6B
writing, this Section shall be construed to prohibit the City from applying to the Project
any development moratorium that is adopted specifically to prohibit the construction of
the Project, or as an interim measure pending contemplated General Plan, specific plan
or zoning changes, or as a general growth control management measure without other
bona fide reasons relating to unforeseeable emergency situations (as described in
Section 3.2.1, below). The Project shall remain subject to all Subsequent Development
Approvals required to complete the Project as contemplated by the Development Plan.
3.2.1 Exceptions to Vested Rights. Notwithstanding any provision to the
contrary contained herein, and without limiting the generality of Section 3.6, the City
expressly reserves the right to apply to the Project: (a) Reservations of Authority made
under Section 3.6; (b) any of the Police Power Regulations; or (c) any development
moratorium, limitation on the delivery of City-provided utility services, or other generally
applicable emergency rule, regulation, law or ordinance (collectively an "Emergency
Measure") which meets all of the following criteria: (i) such Emergency Measure is
based on genuine health, safety and general welfare concerns (other than general
growth management issues); (ii) such Emergency Measure arises out of an emergency
situation, as declared by the President of the United States or the Governor of
California, or as declared by the Mayor or City Council of the City of Carlsbad; and (iii)
such Emergency Measure is based upon its terms or its effect as applied, does not
apply exclusively or primarily to the Project.
3.3 Effect of Agreement on Land Use Regulations. Except as otherwise
provided under the terms of this Agreement, including without limitation Section 3.2.1
above, the rules, regulations and official policies governing permitted uses of the portion
of the Property subject to the Leasehold, the density and intensity of use of the portion
of the Property subject to the Leasehold, the maximum height and size of proposed
buildings, and the design, improvement and construction standards and specifications
applicable to development of the Project shall be the Existing Land Use Regulations. In
connection with any Subsequent Development Approval, the City shall exercise its
discretion in accordance with the Development Plan, and as provided by this Agreement
including without limitation Section 3.2.1 hereof. The City shall accept for processing,
review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.4 Timing of Development. The parties acknowledge that Poseidon cannot
at this time predict when or the rate at which the Project will be developed. Such
decisions depend upon numerous factors which are not within the control of Poseidon,
such as approvals from other government agencies, availability of subsidies from
Metropolitan Water District of Southern California or others, obtaining water supply
contracts with purchasers of Product Water equal to output of the Project, interest rates,
construction completion and other similar factors. Since the California Supreme Court
held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.Sd 465, that the
failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties'
agreement, it is the parties' intent to cure that deficiency by acknowledging and
providing that Poseidon shall have the right to develop the Project in such order and at
such rate and at such times as are more particularly described in the Water Purchase
Agreement, subject only to any additional or different timing requirements set forth in
the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and
further development of the Project will require Subsequent Development Approvals and
may demonstrate that changes are appropriate and mutually desirable in the Existing
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DSMDB.1996157.6B
Development Approvals. If Poseidon finds that a change in the Existing Development
Approvals is necessary or appropriate, Poseidon shall apply for Subsequent
Development Approvals to effectuate such change and the City shall process and act
on such application in accordance with the Existing Land Use Regulations, except as
otherwise provided by this Agreement, including the Reservations of Authority. If
approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit "D," and may be further changed from
time to time as provided in this Section. Unless otherwise required by law, as
determined in the City's reasonable discretion, a change to the Existing Development
Approvals shall not require an amendment to this Agreement, provided such change
does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Project as a
whole; or,
(c) Increase the maximum height and size of permitted
buildings; or,
(d) Increase the production capacity of the Plant Facilities; or
(e) Delete a requirement for the reservation or dedication of land
for public purposes within the Property as a whole; or,
(f) Constitute a project requiring a subsequent or supplemental
environmental impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations. Reservations and Exceptions. Notwithstanding any
other provision of this Agreement, the City shall have the following Reservations of
Authority with respect to application of Subsequent Land Use Regulations to the
Development of the Project.
(a) Processing fees and charges of every kind and nature
imposed by the City to cover the estimated and/or actual costs to the City of processing
applications for Development Approvals or for monitoring compliance with any
Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals
and any other matter of procedure.
(c) Regulations governing construction standards and
specifications including, without limitation, the City's Building Code, Plumbing Code,
Mechanical Code, Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Subsequent Development Exactions;
provided, however, that no such Subsequent Development Exaction shall be applicable
to development of the Project unless such Subsequent Development Exaction is applied
uniformly to development, either throughout the City or within the South Carlsbad
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DSMDB. 1996157.6B
Redevejopment Area. No such Subsequent Development Exaction shall apply if its
application to the Project would have a material adverse effect on the development of
the Project for the uses and to the density or intensity of development set forth in the
Development Plan.
(e) Regulations which may be in conflict with the Development
Plan but which are reasonably necessary to protect the public health, safety, morals and
welfare. To the extent possible, any such regulations shall be applied and construed so
as to provide Poseidon with the rights and assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development
Plan; provided that such regulations do not have a material adverse effect on the
development of the Project. Any regulation, whether adopted by initiative or otherwise,
limiting the rate or timing of development of the Project shall be deemed to conflict with
the Development Plan and shall therefore not be applicable to the development of the
Project.
(g) Regulations which are in conflict with the Development Plan,
provided Poseidon has given written consent to the application of such regulations to
development of the Project.
3.6.2 Subsequent Development Approvals. This Agreement shall
not prevent the City, in acting on Subsequent Development Approvals, from
applying Subsequent Land Use Regulations which do not conflict with the
Development Plan (provided that such regulations do not have a material
adverse effect on the development of the Project).
3.6.3 Modification or Suspension by State or Federal Law. If State or
Federal laws or regulations, whether existing on or enacted after the Agreement Date,
prevent or preclude compliance with one or more of the provisions of this Agreement,
such provisions of this Agreement shall be modified or suspended as may be necessary
to comply with such State or Federal laws or regulations, provided, however, that this
Agreement shall remain in full force and effect to the extent it is not inconsistent with
such laws or regulations and to the extent such laws or regulations do not render such
remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that the City is
restricted in its authority to limit its police power by contract and that the foregoing
limitations, reservations and exceptions are intended to reserve to the City all of its
police power which cannot be so limited, including without limitation the Police Power
Regulations. This Agreement shall be construed, contrary to its stated terms if
necessary, to reserve to the City all such power and authority which cannot be restricted
by contract.
3.7 Public Works. If Poseidon is required by this Agreement to construct any
public works facilities which will be dedicated to the City or any other public agency
upon completion, and if required by applicable laws to do so, Poseidon shall perform
such work in the same manner and subject to the same requirements as would be
applicable to the City or such other public agency should it have undertaken such
construction.
3.8 Provision of Real Property Interests by the City. In any instance where
Posejdon is required to construct any public improvement on land not owned by
Poseidon, Poseidon shall at its sole cost and expense provide or cause to be provided,
13
DSMDB. 1996157.6B
the real property interests necessary for the construction of such public improvements.
If Poseidon is unable, and upon a showing that it has exhausted all legal remedies
available to it, including without limitation the rights under Sections 1001 and 1002 of
the California Civil Code, to acquire the real property interests necessary for the
construction of such public improvements, and if so requested by Poseidon and upon
Poseidon's provision of adequate security for costs the City may reasonably incur, then:
(a) the City may negotiate the purchase of the necessary real property interests to allow
Poseidon to construct the public improvements as required by this Agreement; and (b) if
necessary, in accordance with the procedures established by law, the matter may be
brought before the City Council to, in its discretion, make the findings necessary to use
its power of eminent domain to acquire such required real property interests. Poseidon
shall pay all costs associated with such acquisition or condemnation proceedings. This
Section 3.8 is not intended by the parties to impose upon: (x) the City a duty to acquire
any land or otherwise exercise any power of eminent domain; or (y) upon Poseidon an
enforceable duty to acquire land or construct any public improvements on land not
owned by Poseidon, except to the extent that Poseidon elects to proceed with the
Development of the Project, and then only in accordance with valid conditions imposed
by the City upon the Development of the Project under applicable legal authority.
3.9 Regulation by Other Public Agencies. The parties acknowledge that other
public agencies not within the control of the City possess authority to regulate aspects
of the development of the Project separately from or jointly with the City, and this
Agreement does not limit the authority of such other public agencies. If any revisions or
corrections of the Development Plan approved by the City shall be required by any
government official, agency, department or bureau having jurisdiction over the
development of the Project (except the City), Poseidon and the City shall cooperate in
reasonable efforts in complying with such requirements, to obtain waiver of such
requirements or to develop a mutually acceptable alternative.
3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section
66452.6 of the Code, no tentative subdivision map or tentative parcel map, heretofore or
hereafter approved in connection with development of the Project, shall be granted an
extension of time except in accordance with the Existing Land Use Regulations.
3.11 Poseidon Obligation to Obtain and Maintain Insurance. Before
commencing any improvement or construction work pursuant to any City-approved
permit on the Project, Poseidon shall obtain and maintain the insurance as required
under Section 12 of the Water Purchase Agreement.
4 PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that this Agreement and the
development of the Project will result in substantial benefits for Poseidon, and the City.
4.2 Mitigation Measures and Fees.
4.2.1 Payment: Waiver: No Contest. Poseidon and its successors in
interest shall pay a mitigation fee to the City equal to the property taxes that the City,
the District or the RDA would receive from the construction, ownership, use and
occupancy of the Project on the portion of the Property subject to the Leasehold;
provided, however, that this shall not apply to any successor which has an agreement
with the City with respect to the payment of a mitigation fee (including that certain
Agreement Memorializing Certain Understandings and Establishing a Framework for
Cooperation, dated as of April 28, 2005, by and between the San Diego County Water
14
DSMDB. 1996157.6B
Authority, the City, the District and the RDA). Notwithstanding the foregoing, such
mitigation fee shall be waived so long as Poseidon or its successors in interest shall pay
and continue to pay, as and when due, property taxes due under state law for the
construction, ownership, use and occupancy of the portion of the Property subject to the
Leasehold, and shall not claim a partial or full exemption from payment for such tax.
Neither Poseidon nor any of its successors in interest shall contest the payment of (a)
any property taxes validly imposed under applicable law or (b) the mitigation fee above
described; provided however that this shall not prevent Poseidon or its successors from
contesting that such taxes were not correctly calculated.
4.2.2 No Discriminatory Fees. The City agrees that for the term of this
Agreement, so long as the City, the District or the RDA is paid property taxes from the
construction, ownership, use and occupancy of the Project on the portion of the
Property subject to the Leasehold, or the mitigation fee described in Section 4.2.1, the
City agrees that it will not levy, set or impose any taxes, fees, rates or charges in a
discriminatory manner against Poseidon. For example and not by way of limitation, so
long as the City, the District or the RDA is paid property taxes from the construction,
ownership, use and occupancy of the Project on the portion of the Property subject to
the Leasehold, or the mitigation fee described in Section 4.2.1, the City will not attempt
to collect from Poseidon a franchise fee, tax, or other monetary charge levied only on
businesses which produce or sell water. Further, if such discriminatory fee, tax or
charge is adopted by the City, Poseidon and its successors shall be exempt therefrom.
4.2.3 Continuation of Fees. Should all or any portion of the Property
become part of a city or another county, the fees payable pursuant to Section 4.2 shall
remain and still be payable to the City.
4.2.4 Security. The performance of the terms and conditions of Sections
4.2.1 and 8.3 shall, upon the closing of the construction financing (the "Financing"), for
the Project, be secured by a deed of trust and a security agreement encumbering the
Project. Each of such deed of trust and security agreement shall be in a form
reasonably acceptable to both parties. The City's rights under each of the deed of trust
and the security agreement shall subordinated to the prior payment in full of the lenders
providing the Financing pursuant to an agreement with the City acceptable to such
lenders.
4.2.5 Preliminary Security. The performance of the terms and conditions
of Section 4.2.1 shall be secured by a deed of trust encumbering the Project. The deed
of trust shall be: (i) in a form reasonably acceptable to the parties, (ii) be recorded within
ninety (90) days after the parties agree upon the form thereof and (iii) released upon the
earlier of (x) a termination of this Agreement pursuant to Section 2.6 or (y) a recordation
of this Agreement pursuant to Section 11.27(d).
4.2.6 Accounting Requirements. With respect to any fee the City
receives or costs the City recovers pursuant to this Agreement, in general, or this
Section 4, in particular, the City shall comply with the requirements of Section 21.70.025
of the Carlsbad Municipal Code and Section 66006 et seq. of the Code.
4.3 Dedications. Poseidon acknowledges that one of the Development
Approvals other than this Agreement shall require Cabrillo, at the
commencement of construction, to dedicate real property as described in Exhibit
5 of the Precise Development Plan (POP 00-02).
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DSMDB.1996157.6B
5 FINANCING OF APPURTENANT FACILITIES: OTHER PUBLIC FINANCING:
USE OF PUBLIC RIGHTS OF WAY.
5.1 Appurtenant Facilities. The City will use commercially reasonable efforts
to cooperate with Poseidon in obtaining subsidies, grants or external funding, including
without limitation funds available under Proposition 50, to pay for the construction of
Appurtenant Facilities required as part of the Development Plan. The City also agrees
that, to the extent any such subsidies, grants or external funding is available to finance
such Appurtenant Facilities, the City may join with Poseidon in applying therefor.
Notwithstanding the foregoing, the parties acknowledge and agree that nothing
contained in this Agreement shall be construed as requiring the City or the City Council
of the City to join with Poseidon to apply for such subsidies, grants or external funding.
5.2 Other Public Financing. The City shall have no obligation to use public
financing of any kind, including, without limitation, a community facilities district, an
assessment district or other land-secured financing, for financing the construction,
maintenance or operation of public infrastructure or other improvements, including
without limitation roads or pipelines.
5.3 Use of Public Rights of Way. The City shall provide without charge, and
shall cause any governmental agency under its control to provide without charge,
Poseidon access to any public rights of way required for the construction or installation
of the Appurtenant Facilities to deliver Product Water to the District from the Project.
The City's obligations under this Section 5.3 shall apply only to public rights of way
already in existence or planned as of the Effective Date as described in Exhibit 3.5 of
the final Project EIR and shall not apply to any rights of way on, in, under, about or in
any way relating to that certain real property commonly known as the Carlsbad
Municipal Golf Course, located in the area bounded by Faraday Avenue and Cannon
Road on the North, Palomar Airport on the East, Palomar Airport Road on the South,
and Hidden Valley Road on the West. Nothing set forth in this Section 5.3 shall require
the City to provide without charge, or to cause any governmental agency under its
control to provide without charge, access to any required public rights of way for the
Appurtenant Facilities to deliver Product Water from the Project to any purchaser of
Product Water other than the District. Further, nothing set forth in this Section 5.3 shall
permit Poseidon access to public rights of way without first obtaining all necessary
permits for work and otherwise in accordance with the Development Plan.
6 ANNUAL REVIEW.
6.1 Periodic Review. The City's Planning Director shall review the extent of
good faith substantial compliance by Poseidon with the terms of this Agreement
annually, on or before each anniversary of the Effective Date. Subject to the notice and
cure procedure set forth in Section 8.6, such a periodic review may result in termination
of this Agreement, provided a Default has been established under the terms of this
Agreement. Pursuant to Government Code Section 65865.1, as amended, Poseidon
shall have the duty to demonstrate its good faith compliance with the terms of this
Agreement at such review. The parties recognize that this Agreement and the
documents incorporated herein could be deemed to contain many requirements and
that evidence of each and every requirement would be a wasteful exercise of the
parties' resources. Accordingly, Poseidon shall be deemed to have satisfied its duty of
demonstration if it presents substantial evidence to the City of its good faith and
substantial compliance with the provisions of this Agreement, including any information
concerning the numbers, types, densities, heights and sizes of structures completed
and of any reservations and dedications to the City. Any party may address any
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requirement of this Agreement during the review. However, ten (10) days' written notice
of any requirement to be addressed shall be made by the requesting party. If at the
time of review an issue not previously identified in writing is required to be addressed,
the review at the request of either party shall be continued to afford sufficient time for
analysis and preparation. Poseidon shall pay the City's reasonable costs incurred in
conducting annual review in accordance with this Agreement.
6.2 Opportunity to be Heard. Upon written request to the City by Poseidon,
Poseidon shall be permitted an opportunity to be heard orally and/or in writing at a
noticed public hearing regarding its performance under this Agreement. Poseidon shall
be heard before the City Council at any required public hearing concerning a review of
action on the Agreement.
6.3 Information to be Provided Poseidon. The City shall deposit in the
mail to Poseidon a copy of staff reports and related exhibits concerning contract
performance a minimum of ten (10) calendar days prior to any such review or
action upon this Agreement by the City Council.
7 INCORPORATION AND ANNEXATION.
7.1 Intent. If all or any portion of the Property subject to the Leasehold is
annexed to or otherwise becomes a part of another city or another county, the parties
intend that this Agreement shall survive and be binding upon such other jurisdiction.
7.2 Incorporation. If at any time during the term of this Agreement, another
city is incorporated comprising all or any portion of the Property subject to the
Leasehold, the validity and effect of this Agreement shall be governed by Section
65865.3 of the Code.
7.3 Annexation. Poseidon and the City shall oppose, in accordance with the
procedures provided by law, the annexation to any other city of all or any portion of the
Property subject to the Leasehold unless both Poseidon and the City give written
consent to such annexation.
8 DEFAULT AND REMEDIES.
8.1 Remedies in General. The parties would not have entered into this
Agreement without the limits on damages set forth herein. Accordingly, the parties
agree that each of the parties hereto may pursue any remedy at law or equity available
for breach of any provision of this Agreement, subject to the following:
(a) The City and all persons acting on behalf of the City shall not
be liable in damages to Poseidon, or to any successor in interest, or to any other
person. Poseidon covenants not to sue for monetary damages or claim any monetary
damages:
(i) for any breach of this Agreement or for any cause of
action which arises out of this Agreement; or
(ii) for taking, impairment or restriction of any property
right or interest as the result of or arising under or pursuant to this Agreement, but
excluding claims based upon applicable obligations of the City acting in its
governmental capacity and not as a party to this Agreement, and reserving the reserved
rights and remedies described in Sections 8.5 and 8.8; or
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DSMDB. 1996157.6B
(iii) arising out of or connected with any dispute,
controversy or issue regarding the application or interpretation or effect of the provisions
of this Agreement.
(b) Poseidon shall not be liable in monetary damages to City, or
to any person acting on behalf of City, and City covenants not to sue for damages or
claim any monetary damages:
(i) for failure to construct and operate the Project or any
breach of this Agreement or for any cause of action which arises out of this Agreement;
or
(ii) arising out of or connected with any dispute,
controversy or issue regarding the application or interpretation or effect of the provisions
of this Agreement;
(iii) provided, however, that City reserves the right to sue
for any sums, including without limitation any sums due pursuant to Section 4 of this
Agreement, that are specifically required to be paid by Poseidon or its successors
pursuant to this Agreement, and provided further, however, the City also reserves the
rights and remedies described in Section 8.8:
Nothing in this Section 8.1 shall be construed to limit or otherwise effect the remedies
available to Poseidon and the District under the Water Purchase Agreement.
8.2 Termination by City. The City may terminate this Agreement upon a
termination of the Water Purchase Agreement by the District pursuant to Section 2.3.4
thereof.
8.3 Liquidated Damages for Poseidon's Failure to Amend This Agreement
Upon Relocation of Plant Facilities. Provided the Desalination Project has commenced
Commercial Operation (as that term is defined in the Water Purchase Agreement), if all
of or a material portion of the Plant Facilities are relocated to real property that is not
encumbered by this Agreement, then Poseidon agrees to amend this Agreement in all
respects necessary to provide for this Agreement to encumber the real property to
which the Plant Facilities are so relocated. If Poseidon fails to do so and fails to pay the
mitigation fees payable pursuant to Section 4.2.1 of this Agreement, Poseidon shall be
in Default of this Agreement, and shall pay liquidated damages to the City in the initial
amount of Fifteen Million Dollars ($15,000,000.00), to compensate the City for a portion
of the mitigation fees that would be payable pursuant to Section 4 of this Agreement.
Such amount of liquidated damages shall be reduced by One Million Dollars
($1,000,000) for each year that Poseidon pays the property taxes or mitigation fee
pursuant to Section 4.2.1 of this Agreement. By signing or initialing in the space
provided below, Poseidon and the City acknowledge and agree that it would be
impractical and extremely difficult for the City to estimate its costs and losses as the
result of the failure to pay such mitigation fees, and that under the circumstances as
they exist as of the date of execution of this Agreement, the sum of the liquidated
damages set forth above is a reasonable estimate of costs that the City would incur in
the event of such failure.
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DSMDB.1996157.6B
Initials of Authorized Initials of Authorized
Signatory on Poseidon's Signatory on City's
Behalf Behalf
8.4 Specific Performance. The parties acknowledge that, except as provided
in Sections 8.1(b)(iii) above and 8.8 below, money damages and remedies at law
generally are inadequate and that specific performance and other non-monetary relief
are the exclusive remedies for the enforcement of this Agreement and should be
available to all parties for the following reasons:
(i) Money damages are unavailable against City, or
against Poseidon except as provided herein;
(ii) Due to the size, nature and scope of the Project, it will
not be practical or possible to restore the portion of the Property subject to the
Leasehold to its preexisting condition once implementation of this Agreement has
begun. After such implementation Poseidon may be foreclosed from other choices it
may have had to utilize the portion of the Property subject to the Leasehold and provide
for other benefits. Poseidon has invested significant time and resources and performed
extensive planning and processing of the Project in agreeing to the terms of this
Agreement, and will be investing even more significant time and resources in
implementing the Project in reliance upon these terms, and it will not be possible to
determine the sum of money that would adequately compensate Poseidon for such
efforts. By the same token, City will have invested substantial time and resources and
will have permitted irremediable changes to the land and increased demands on the
surrounding infrastructure and will have committed, and will continue to commit, to
development in reliance upon the terms of this Agreement, and it would not be possible
to determine a sum of money which would adequately compensate City for such
undertakings. For this reason, the parties hereto agree that, except as otherwise
provided in this Agreement, if any party fails to carry out its obligations under this
Agreement, an injured party shall be entitled to non-damages remedies, including the
remedy of specific performance of this Agreement.
8.5 Release and Reservation. Except for non-damage remedies, including
the remedy of specific performance and judicial review as provided for in Section 8.4,
Poseidon, for itself, its successors and assignees, hereby releases the City, its officers,
agents and employees from any and all claims, demands, actions, or suits of any kind
or nature arising out of any liability, known or unknown, present or future, including, but
not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19
of the California Constitution, the Fifth Amendment of the United States Constitution, or
any other law or ordinance which seeks to impose any other liability or damage,
whatsoever, upon the City because it entered into this Agreement or because of the
terms of this Agreement; provided, however, that Poseidon reserves all of its otherwise
applicable rights and remedies in the event of an actual condemnation, inverse
condemnation or inappropriate taking, restriction or regulation by the City, which are
rights and remedies Poseidon otherwise has as a property owner.
8.6 Termination Agreement for Default of Poseidon. The City may terminate
this Agreement for any Default by Poseidon; provided, however, the City may terminate
this Agreement pursuant to this Section only after providing written notice to Poseidon
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DSMDB.1996157.6B
of Default setting forth the nature of the Default and the actions, if any, required by
Poseidon to cure such Default and, where the Default can be cured, Poseidon has
failed to take such actions and cure such Default within sixty (60) days after Poseidon's
receipt of such notice or, in the event that such Default cannot be cured within such
sixty (60) day period but can be cured within a longer time, Poseidon has failed to
commence the actions necessary to cure such Default within such sixty (60) day period
and to diligently proceed to complete such actions and cure such Default.
8.7 Termination of Agreement for Default of the City. Poseidon may terminate
this Agreement for any Default by the City only after providing written notice to the City
of Default setting forth the nature of the Default and the actions, if any, required by the
City to cure such Default and, where the Default can be cured, the City has failed to
take such actions and cure such Default within sixty (60) days after the City's receipt of
such notice or, in the event that such Default cannot be cured within such sixty (60) day
period but can be cured within a longer time, the City has failed to commence the
actions necessary to cure such Default within such sixty (60) day period and to diligently
proceed to complete such actions and cure such Default.
8.8 Rights. Remedies for Negligence. Willful Misconduct. Nothing in this
Agreement shall be deemed to waive or limit any rights and remedies that the parties
otherwise would have against the other in the absence of this Agreement with respect to
injury caused by the negligence or willful misconduct of a party.
9 THIRD PARTY LITIGATION: INDEMNIFICATION.
9.1 General Plan Litigation. The City has determined that this Agreement is
consistent with its General Plan and the Precise Development Plan, and that the
General Plan and the Precise Development Plan meet all requirements of law.
Poseidon has reviewed the General Plan and the Precise Development Plan and
concurs with the City's determination. The parties acknowledge that:
(a) In the future there may be litigation challenging the legality,
validity and adequacy of certain provisions of the General Plan or Precise Development
Plan or other, similar challenges; and,
(b) If successful, such challenges could delay or prevent the
performance of this Agreement and the development of the Project.
The City shall have no liability in damages under this Agreement for any
failure of the City to perform under this Agreement or the inability of Poseidon to
develop the Project as contemplated by the Development Plan of this Agreement as the
result of a judicial determination that on the Agreement Date, or at any time thereafter,
the General Plan or the Precise Development Plan, or portions thereof, are invalid or
inadequate or not in compliance with law.
9.2 Third Party Litigation Concerning Agreement. In the event of any legal
action instituted by a third party (not a party to this Agreement) or any governmental
entity or official (other than the City or an official of the City), challenging the validity of
any provision of this Agreement or the other Development Approvals or any City action
relating thereto, the parties hereby agree to cooperate in defending said action;
provided, however Poseidon shall indemnify and hold harmless City from all litigation
expenses, including reasonable attorneys' fees and costs, arising out of any legal action
instituted by such third party (not a party to this Agreement), or other governmental
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DSMDB.1996157.6B
entity or official (other than City or an official of the City) challenging the validity of any
provjsion of this Agreement, or the other Development Approvals or any City action
relating thereto. City shall promptly notify Poseidon of any such action and City shall
cooperate in the defense thereof.
9.3 Breaches of Agreement: Property Damage. Bodily Injury or Death. In
addition to the provisions of Section 9.2 above, Poseidon shall save, indemnify, hold
harmless and defend, at its expense, including attorneys' fees, the City, its officers,
agents, employees and independent contractors (the "City Indemnitees") from and
against any and all loss, costs, fees, expenses or liability whatsoever, arising out of or
based upon any breach or alleged breach of this Agreement by Poseidon . Poseidon
shall not, however, be required to indemnify the City Indemnitees with respect to any
loss, costs, fees, expenses or liability arising through the gross negligence or willful
misconduct of the City.
9.4 Indemnification Procedure. In any situation in which Poseidon is required
to indemnify the City pursuant to this Agreement, as a condition thereto the City shall
give Poseidon reasonably prompt notice of any matter for which indemnification is
sought hereunder. The City shall cooperate in the defense of such claim (and pending
assumption of defense, the City, in its good faith judgment, may take such steps to
defend itself against such claim as it deems appropriate to protect its interests).
Poseidon shall pay the City's reasonable out-of-pocket expenses incurred in connection
with such cooperation and such steps taken to defend itself pending Poseidon's
assumption of defense. Poseidon shall keep the City reasonably informed as to the
status of the defense of such claim. After notice from Poseidon to the City of the
assumption, and the defense of a claim, Poseidon shall not be liable to the City for any
legal or other expenses subsequently incurred by the City in connection with the
defense thereof other than those expenses referred to above. Poseidon, at its own
expense and through counsel chosen by it (which counsel shall be reasonably
acceptable to the City), shall defend any such claim; provided, however, that if, in the
City's reasonable judgment at any time, either a conflict of interest arises between
Poseidon and the City or if there are defenses which are different from or in addition to
those available to Poseidon and/or the City and the representation of both parties by the
same counsel would be inappropriate, then in each such case the City shall have the
right to employ a separate law firm in each applicable jurisdiction (if necessary)
("Separate Counsel"), to represent the City in any action or group of related actions
(which firm or firms shall be reasonably acceptable to Poseidon), and in that event: (a)
the reasonable fees and expenses of such Separate Counsel shall be paid by Poseidon
(it being understood, however, that Poseidon shall not be liable for the expenses of
more than one Separate Counsel with respect to any claim (even if against multiple
indemnified Parties)); and (b) Poseidon shall have the right to conduct its own defense
in respect of such claim. If Poseidon does not defend against a claim, the City may
defend, compromise and settle such claim and shall be entitled to indemnification
hereunder (to the extent permitted by this Agreement). Notwithstanding the foregoing,
Poseidon shall not, without the City's prior written consent (which shall not be
unreasonably withheld, conditioned or delayed), settle or compromise any claim or
consent to the entry of any judgment unless: (x) there is no finding or admission of any
violation of law or any violation of the rights of any person and no effect on any other
claims that may be made against the City; and (y) the sole relief provided is monetary
damages that are paid in full by Poseidon.
9.5 Survival. The provisions of this Sections 9.1 through 9.4, inclusive, shall
survive the termination of this Agreement.
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10 MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit
Poseidon, in any manner, at Poseidon's sole discretion, from encumbering the Project
or any portion thereof or any improvement thereon by any mortgage, deed of trust or
other security device securing financing with respect to the Project. The City
acknowledges that the lenders providing such financing may require certain Agreement
interpretations and modifications and agrees upon request, from time to time, to meet
with Poseidon and representatives of such lenders to negotiate in good faith any such
request for interpretation or modification. The City will not unreasonably withhold its
consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this
Agreement. Any Mortgagee of the Project shall be entitled to the following rights and
privileges:
(a) Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on
the Project made in good faith and for value, unless otherwise required by law.
(b) Any Mortgagee of any mortgage or deed of trust
encumbering the Project, or any part thereof, which has submitted a request in writing to
the City in the manner specified herein for giving notices, shall be entitled to receive
written notification from the City of any Default by Poseidon in the performance of
Poseidon's obligations under this Agreement concurrently with the receipt of any such
notice by Poseidon.
(c) The Mortgagee shall have the right, but not the obligation, to
cure a Default during the remaining cure period allowed Poseidon under this
Agreement.
(d) Subject to compliance with the provisions of Section 2.4.1 (b)
of this Agreement, any Mortgagee who comes into possession of the Project, or any
part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of
such foreclosure, shall take the Project, or part thereof, subject to the terms of this
Agreement.
11 MISCELLANEOUS PROVISIONS.
11.1 Recordation of Agreement. As more particularly set forth below in Section
11.27, this Agreement and any amendment or cancellation thereof shall be recorded
against the real property included in the Specific Plan Amendment area by the Clerk of
the City Council filing a copy of this Agreement or any such amendment with the San
Diego County Recorder within the period required by Section 65868.5 of the Code.
11.2 Further Actions. Each of the parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the
conditions of this Agreement. At any time and from time to time after the date hereof,
each Party agrees to take such actions and to execute and deliver such documents as
each other Party may reasonably request to effectuate the purposes of this Agreement.
11.3 Amendment. Except as otherwise provided in this Agreement, neither this
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DSMDB.1996157.6B
Agreement nor any provision hereof may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by the party against which the
enforcement of such waiver, modification, amendment, discharge or termination is
sought, and then only to the extent set forth in such writing.
11.4 Entire Agreement. This Agreement and the Water Purchase Agreement
constitute the entire understanding among the parties with respect to the matters set
forth herein, and supersede all prior or contemporaneous understandings or
agreements among the parties with respect to the subject matter hereof, whether oral or
written.
11.5 Notices. As used in this Agreement, "notice" includes, but is not limited to,
the communication of notice, request, demand, approval, statement, report, acceptance,
consent, waiver, appointment or other communication required or permitted hereunder.
Any notice, approval, consent, waiver or other communication required or permitted to
be given or to be served upon any party in connection with this Agreement shall be in
writing. Such notice shall be personally served, sent by facsimile, sent prepaid by
registered or certified mail with return receipt requested, or sent by reputable overnight
delivery service, such as Federal Express, and shall be deemed given: (a) if personally
served, when delivered to the party to whom such notice is addressed; (b) if given by
facsimile, when sent, provided that the confirmation sheet from the sending fax machine
confirms that the total number of pages were successfully transmitted; (c) if given by
prepaid or certified mail with return receipt requested, on the date of execution of the
return receipt; or (d) if sent by reputable overnight delivery service, such as Federal
Express, when received. Such notices shall be addressed to the party to whom such
notice is to be given at the address below specified. Either party may, by notice given
at any time and sent in accordance with this Section, require subsequent notices to be
given to another person or entity, whether a party or an officer or representative of a
party, or to a different address, or both. Notices given before actual receipt of notice of
change shall not be invalidated by the change.
If to CITY, to: City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: City Manager
Fax No. (760) 729-9461
If to Poseidon, to: Poseidon Resources (Channelside) LLC
501 West Broadway, Suite 840
San Diego, CA. 92101
Attn: President
Fax No. (619)595-7892
11.6 Controlling Law. This Agreement shall be governed by, and construed
and interpreted in accordance with, the laws of the State of California, without giving
effect to any choice-of-law or conflicts-of-laws rule or principle that would result in the
application of any other laws.
11.7 Headings. Headings, titles and captions are for convenience only and
shall not constitute a portion of this Agreement or be used for the interpretation thereof.
11.8 Cumulative Rights: Waiver. The rights created under this Agreement, or
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DSMDB.1996157.6B
by law or equity, shall be cumulative and may be exercised at any time and from time to
time. No failure by any party to exercise, and no delay or omission by any party in
exercising any rights, shall be construed or deemed to be a waiver thereof, nor shall any
single or partial exercise by any party preclude any other or future exercise thereof or
the exercise of any other right. Any waiver of any provision or of any breach of any
provision of this Agreement must be in writing, and any waiver by any party of any
breach of any provision of this Agreement shall not operate as or be construed to be a
waiver of any other breach of that provision or of any breach of any other provision of
this Agreement. The failure of any party to insist upon strict adherence to any term of
this Agreement on one or more occasions shall not be considered or construed or
deemed a waiver of any provision or any breach of any provision of this Agreement or
deprive that party of the right thereafter to insist upon strict adherence to that term or
provision or any other term or provision of this Agreement.
11.9 Liberal Construction. This Agreement constitutes a fully-negotiated
agreement among commercially sophisticated parties, each assisted by legal counsel,
and the terms of this Agreement shall not be construed or interpreted for or against any
party hereto because that party or its legal representative drafted or prepared such
provision.
11.10 Severabilitv. If any provision of this Agreement shall be ruled invalid,
illegal or unenforceable, then the parties shall: (a) promptly negotiate a substitute for
such provision which shall, to the greatest extent legally permissible, therein effect the
intent of the parties in such invalid, illegal or unenforceable provision; and (b) negotiate
such changes in, substitutions for or additions to the remaining provisions of this
Agreement as may be necessary in addition to and in conjunction with clause (a) above
to give effect to the intent of the parties without the invalid, illegal or unenforceable
provision. To the extent that the parties are able to negotiate such changes,
substitutions or additions as set forth in the preceding sentence, and the intent of the
parties with respect to the essential terms of the Agreement may be carried out without
the invalid, illegal or unenforceable provision, then the balance of this Agreement shall
not be affected, and this Agreement shall be construed and enforced as if such invalid,
illegal or unenforceable provision did not exist.
11.11 Good Faith and Fair Dealing. The parties hereto acknowledge and agree
that the performances required by the provisions of this Agreement shall be undertaken
in good faith, and with all parties dealing fairly with one another.
11.12 No Third Party Beneficiaries. Except as provided in this Section 11.12,
this Agreement does not create, and shall not be construed to create, any rights
enforceable by any person, partnership, corporation, joint venture, limited liability
company or other form of organization or association of any kind that is not a party to
this Agreement. Notwithstanding the foregoing, the RDA and the District are intended
beneficiaries of this Agreement, with the right to enforce this Agreement in accordance
with its terms.
11.13 Execution in Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. The signature page of any counterpart may be
detached therefrom without impairing the legal effect of the signature(s) thereon,
provided such signature page is attached to any other counterpart identical thereto
except for having an additional signature page executed by the other party.
11.14 Time of the Essence. Time is of the essence of each and every provision
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DSMDB.1996157.6B
-38
of this Agreement. Unless business days are expressly provided for, all references to
"days" herein shall refer to consecutive calendar days. If any date or time period
provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or
legal holiday, then such date shall automatically be extended to the next day which is
not a Saturday, Sunday or federal, state or legal holiday.
11.15 Number. Gender. Where a word or phrase is defined in this Agreement,
its other grammatical forms have a corresponding meaning. As used herein, and as the
circumstances require, the plural term shall include the singular, the singular shall
include the plural, the neuter term shall include the masculine and feminine genders, the
masculine term shall include the neuter and the feminine genders, and the feminine
term shall include the neuter and the masculine genders.
11.16 Relationship. Nothing in this Agreement shall be deemed to constitute
either party a partner, agent or legal representative of the other party, neither party is
acting as the agent of the other in any respect hereunder, each party is an independent
contracting entity with respect to the terms, covenants and conditions contained in this
Agreement, and no partnership, joint venture or other association of any kind is formed
by this Agreement. No liability or benefits, such as workers' compensation, pension
rights or liabilities, other provisions or liabilities arising out of or related to a contract for
hire or employer/employee relationship, shall arise or accrue to any party's agent or
employee as a result of this Agreement or its performance.
11.17 Joint and Several Obligations. If at any time during the term of this
Agreement the Project is owned, in whole or in part, by more than one owner, all
obligations of such owners under this Agreement shall be joint and several, and the
Default of any such owner shall be the Default of all such owners.
11.18 Force Maieure. Neither party shall be deemed to be in Default where
failure or delay in performance of any of its obligations under this Agreement is caused
an event of Force Majeure. "Force Majeure" as used herein shall have the meaning
more particularly set forth in Section 17 of the Water Purchase Agreement.
11.19 Mutual Covenants. The covenants contained herein are mutual covenants
and also constitute conditions to the concurrent or subsequent performance by the party
benefited thereby of the covenants to be performed hereunder by such benefited party.
11.20 Successors in Interest. The burdens of this Agreement shall be binding
upon all successors in interest to the parties to this Agreement. Subject to Section 2.4
of this Agreement, the benefits of this Agreement shall inure to the successors in
interest to the parties to this Agreement. Subject to the receipt of any consent of
Cabrillo required under the Lease, all provisions of this Agreement shall be enforceable
as equitable servitudes and constitute covenants running with the Leasehold. Subject
to the receipt of any consent of Cabrillo required under the Lease, each covenant to do
or refrain from doing some act hereunder with regard to development of the Project and
the Leasehold : (a) is for the benefit of and is a burden upon every portion of the
Project and the Property subject to the Leasehold; (b) runs with the Project and the
portion of the Property subject to the Leasehold and each portion thereof; and, (c) is
binding upon each party and each successor in interest during ownership of the Project
or the Leasehold or any portion thereof.
11.21 Jurisdiction and Venue. Any action at law or in equjty arising under this
Agreement or brought by a party hereto for the purpose of enforcing, construing or
determining the validity of any provision of this Agreement shall be filed and tried in the
25
DSMDB. 1996157.6B
Superior Court of the County of San Diego, State of California, and the parties hereto
waive all provisions of law providing for the filing, removal or change of venue to any
other court.
11.22 Project as a Private Undertaking. The parties specifically understand and
agree that the development of the Project is a private development. The only
relationship between the City and Poseidon is that of a government entity regulating the
development of a private Project and the lessee, grantee and developer of such Project.
11.23 Eminent Domain. No provision of this Agreement shall be construed to
limit, restrict or require the exercise by the City of its power of eminent domain.
11.24 Agent for Service of Process. Poseidon shall designate and maintain
Corporation Service Company (or a similar national company) as its agent for the
purpose of service of process in any court action arising out of or based upon this
Agreement, and the delivery to such agent of a copy of any process in any such action
shall constitute valid service upon Poseidon. If for any reason service of such process
upon such agent is not feasible, then in such event Poseidon may be personally served
with such process out of this County and such service shall constitute valid service upon
Poseidon.
11.25 Authority to Execute. Each party warrants and represents that this
Agreement has been duly authorized by such party. Each party shall deliver to the
other party copies of such resolutions, certificates or written assurances evidencing
authorization to execute, deliver and perform this Agreement.
11.26 Commission Approval Required. This Agreement shall not become
effective unless and until it is approved by the Commission, as required by Code
Section 65869.
11.27 Approval Procedure. The following procedure shall govern
approval of this Agreement:
(a) Prior to City Council consideration of this Agreement,
Poseidon shall execute this Agreement; provided, however, that Poseidon shall have
the right prior to the Agreement Date of this Agreement to withdraw its execution based
upon the terms and conditions contained in the Development Approvals, in which case
this Agreement shall be of no force or effect.
(b) City Council shall undertake all necessary proceedings to
consider this Agreement. Approval by the City shall be by adoption of the Approval
Ordinance.
(c) Following adoption of the Approval Ordinance, the Mayor
shall execute this Agreement on behalf of the City, and take such steps as may be
required to obtain Commission approval as described above in Section 11.26.
(d) This Agreement shall be effective on the Effective Date. As
provided in Code Section 65868.5, the City shall cause a copy of this Agreement to be
recorded against the real property included in the Specific Plan Amendment area by the
Clerk of the City Council filing a copy of this Agreement with the San Diego County
Recorder within ten (10) days following the Effective Date. Poseidon shall pay any
recording costs.
26
DSMDB. 1996157.6B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year below set forth.
Dated:,2006 "CITY"
CITY OF CARLSBAD
ATTEST:
By:_
Name:
Title:
By:
City Clerk
(SEAL)
Dated:,2006 "POSEIDON"
Poseidon (Channelside) LLC, a
Delaware limited liability company
By:_
Name:
Title:
DSMDB.1996157.6B
27
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
On , before me,
personally appeared
' personally known to me (or 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 he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
On , before me,
, personally appeared
, personally known to me (or 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 he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature
28
DSMDB. 1996157.6B
Exhibit "A"
CONSENT OF PROPERTY OWNER
Cabrillo Power I, LLC, a Delaware limited liability company ("Cabrillo"), is the
owner of the Property that is the subject of the Precise Development Plan No.
(Planning Application No. ). Poseidon Resources (Channelside) LLC, a
Delaware limited liability company ("Poseidon"), currently is the lessee of the Property
under the terms and conditions of that certain Ground Lease and Easement Agreement,
dated July 11, 2003, by and between Cabrillo and Poseidon. Cabrillo hereby consents
to the entering into of that certain Development Agreement between the City of
Carlsbad and Poseidon, to which this Consent is attached and which affects the
Property.
Dated: "Cabrillo"
CABRILLO POWER I, LLC, a Delaware limited
liability company
By:
Name:
Title:
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
On • before me, ,
personally appeared , personally known to me (or
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 he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
DSMDB.1996157.6B
EXHIBITS "B" and "C"
(Legal Description and Maps of the Property)
See Exhibits A-J attached hereto
EXHIBIT "A"
LEGAL DESCRIPTION OF THE LEASED PREMISES
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmtVdec revisions to lease-easement agreement.final..doc
l\t)
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
THE LEASED PREMISES
THAT PORTION OF LOT WH" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 67°22'25" WEST, 427.00 FEET; THENCE NORTH 22°37'35"
WEST, 320.00 FEET; THENCE NORTH 67°22'25" EAST, 427.00 FEET; THENCE
SOUTH 22°37'35" EAST, 320.00' FEET TO THE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'A-l' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35. •
SAID PARCEL OF LAND CONTAINS 3.137 ACRES, MORE OR LESS.
GARY L.
L.S. 7019
EXPIRATION DATE
DATE
6/30/2006
T:\SURVEY\2398\PIats\Legals\ExibA-LeasedPremises.doc July 3,2003 JG..
EXHIBIT "A-l"
MAP GENERALLY DEPICTING THE LEASED PREMISES
data-wp8\dynegy\encina\poseidon\documents\combincd lease and easement agmtSdec revisions to lease-easement agreement.final..doc
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOWN
ON RECORD OF SURVEY NO. 17350, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO. STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, NAD 83, AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
/.£ N40-39'21"W.
LEGEND:
INDICA TES EXISTING PROPERTY LINE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES THE LEASED PREMISES
AREA - 3.137 ACRES, MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD. CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHQNE: (619) 235-6471
GARY L HUS,~*LS. 7019
REGISTRATION EXPIRES 6/30/2006
VICINITY MAP
NO SCALE
DATE
APPLICANT:
POSEIDON RESOURCES
501 HESTBROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
THE
LEASED
PREMISES
EXHIBIT
•A-1'
SHEET 1 OF 2
A.P.N. 210-010-39
T.\SURVEY\2398\Plats\Pli>tAl-LeasedPremsesSh-t01.d«g 07/07/S003 02M7.I6 PK POT
PARCEL 3
F50S 17350
PARCEL 4
ROS 17350
AT&SF RAILROAD
RIGHT-OF-WAY
PARCEL 4
ROS 17350 PARCEL 7
ROS 17350
\RECORDED O'CTOBER--3O',/ 2OO1\\ \ •
\ FILE NO. V2t>Q1?d789O68 \\\/ \r''-' // \VI / / » \---'
PARCEL 5
ROS 17350
SCALE 1" = 400'
APPLICANT:
POSEIDON RESOURCES
501 HESTBROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
THE
LEASED
PREMISES
EXHIBIT
'A-1'
SHEET 2 OF 2
A.P.N. 210-010-39
Ti\SURVEr\2398\Plnt5\PlotAI-LeaseclPr*nl«sSht02.d»8 07/03/2003 08:0759 AM PUT
EXHIBIT "B"
LEGAL DESCRIPTION OF CERTAIN OF THE GRANTOR PROPERTIES
dala-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmtVtec revisions to lease-easement agreement.final.doc
01-0228360
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF San Diego AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PORTION OF ASSESSOR PARCEL NO. 210-010-36
[BOOK 4821 PAGE 199/ECKE]
(PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 30, 2001 AS FILE NO. 2001-0789067 OF OFFICIAL RECORDS)
ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
SITUATED WITHIN THAT PORTION THEREOF DESCRIBED IN DEED TO SAN
DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK
1035, PAGE 301 OF OFFICIAL RECORDS, AS DOCUMENT NO. 28815
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION
OF THE NORTHERLY BOUNDARY OF LOT "H" OF SAID RANCHO AGUA
HEDIONDA, WITH THE CENTER LINE OF THE 100 FOOT RIGHT OF WAY
GRANTED TO THE STATE OF CALIFORNIA, BY DEED RECORDED AUGUST 30,
1935, IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS, AS DOCUMENT NO.
46278, SAID POINT BEING A PORTION OF SAID NORTHERLY BOUNDARY OF
LOT "H" BEARING SOUTH 78°03' EAST, 1149.32 FEET (RECORD 1148.08
FEET) AND NORTH 72°21'30" EAST, 2036.33 FEET (RECORD NORTH
72°24' EAST, 2036.30 FEET) FROM CORNER NO. 1 OF SAID RANCHO
AGUA HEDIONDA ACCORDING TO LICENSED SURVEY MAP NO. 173, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 16, 1913; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE
OF RIGHT OF WAY SOUTH 36°52'50" EAST (HIGHWAY RECORDS SOUTH
36°57'30" EAST) 677.05 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY, SAID BEGINNING OF CURVE BEING SHOWN AS
ENGINEER'S STATION 394 PLUS 63.74 ON MAP OF SAID 100 FOOT
HIGHWAY RIGHT OF WAY OF ROAD XI-SD-2B ON FILE IN THE OFFICE OF
THE DISTRICT STATE HIGHWAY ENGINEER; THENCE SOUTH 53°07'10"
WEST, RADIALLY TO SAID TANGENT CURVE TO A POINT ON THE MEAN
HIGH TIDE LINE OF THE PACIFIC OCEAN, WHICH POINT IS THE TRUE
POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE
FROM SAID TRUE POINT OF BEGINNING RETRACING NORTH 53°07'10"
EAST TO A POINT ON THE NORTHEASTERLY LINE OF SAID 100 FOOT
STATE HIGHWAY RIGHT OF WAY, WHICH POINT IS OPPOSITE SAID CENTER
LINE ENGINEER'S STATION 394 PLUS 63.74 B.C.; THENCE SOUTH
45°31'15" EAST, 504.43 FEET TO A POINT WHICH IS RADIALLY NORTH
58°40'37" EAST A DISTANCE OF 150 FEET FROM THE CENTER LINE OF
SAID 100 FOOT STATE HIGHWAY RIGHT OF WAY; THENCE SOUTHEASTERLY
ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 5150 FEET AND BEING CONCENTRIC WITH SAID CENTER LINE OF SAID
100 FOOT STATE HIGHWAY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF
4°09'40" A DISTANCE OF 374.01 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF THE PROPERTY CONVEYED TO THE SAN DIEGO
01-0228360
GAS AND ELECTRIC COMPANY BY GROVER C. JACOBSEN, ET AL., BY DEED
RECORDED IN BOOK 4456, PAGE 49 OF OFFICIAL RECORDS; SAID LINE
BEING ALSO THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO PAUL
ECKE, ET UX AND DESCRIBED IN PARCEL "1" OF A DEED RECORDED IN
BOOK 2778, PAGE 357 OF OFFICIAL RECORDS; THENCE NORTH 72°21'30"
EAST ALONG SAID LINE SO DESCRIBED, 1129.89 FEET TO THE WESTERLY
LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AS SAID RIGHT OF WAY WAS DESCRIBED IN DEED
RECORDED SEPTEMBER 13, 1948, IN BOOK 2944, PAGE 74 OF OFFICIAL
RECORDS; THENCE NORTH 29°16' WEST ALONG SAID WESTERLY RAILROAD
RIGHT OF WAY LINE 275.00 FEET; THENCE LEAVING SAID WESTERLY
RAILROAD RIGHT OF WAY LINE NORTH 76°46' WEST, 931.69 FEET;
THENCE NORTH 30°48' WEST 238.36 FEET TO A POINT IN THE
NORTHEASTERLY LINE OF SAID LOT "H" OF RANCHO AGUA HEDIONDA;
THENCE NORTH 78°03' WEST ALONG SAID NORTHEASTERLY LINE OF LOT
"H" OF RANCHO AGUA HEDIONDA, 1014.32 FEET TO CORNER NO. 1 OF
SAID RANCHO; THENCE SOUTH 30°06' WEST ALONG THE SOUTHWESTERLY
PROLONGATION OF THE NORTHWESTERLY LINE OF SAID RANCHO AGUA
HEDIONDA TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN;
THENCE SOUTHEASTERLY ALONG SAID MEAN HIGH TIDE LINE TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF LOT "H" OF RANCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING
AT CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA, AS SHOWN AND
DELINEATED ON RECORD OF SURVEY 1806, FILED APRIL 30, 1948 IN
SAID COUNTY RECORDER'S OFFICE; THENCE ALONG THE NORTHERLY LINE
OF SAID LOT "H", SOUTH 78°03'00" EAST, 92.06 FEET TO A POINT ON
THE CENTER LINE OF CARLSBAD BOULEVARD, 100 FEET IN WIDTH,
(FORMERLY U.S. HWY 101); THENCE ALONG SAID CENTER LINE AS SHOWN
AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 1806, SOUTH
36°52'50" EAST 285.30 FEET TO A POINT HEREIN DESIGNATED POINT
"A"; THENCE FROM SAID POINT "A" AND LEAVING SAID CENTER LINE,
SOUTH 53° 07'10" WEST, 50.00 FEET TO THE TRUE POINT OF
BEGINNING; SAID TRUE POINT OF BEGINNING BEING A POINT ON THE
SOUTHWESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE FROM SAID
TRUE POINT OF BEGINNING CONTINUING SOUTH 53°07'10" WEST 115.64
FEET TO A POINT ON THE ORDINARY HIGH WATER MARK, AS ESTABLISHED
BY A SURVEY FILED AND APPROVED ON DECEMBER 22, 1953 BY THE
STATE LANDS COMMISSION, DIVISION OF STATE LANDS, STATE OF
CALIFORNIA; THENCE ALONG SAID ORDINARY HIGH WATER MARK, SOUTH
44°32'55" EAST 36.22 FEET; THENCE SOUTH 39°09'42" EAST, 101.05
FEET AND SOUTH 31°48'31" EAST 255.88 FEET; THENCE LEAVING SAID
ORDINARY HIGH WATER MARK, NORTH 53°07'10" EAST 129.41 FEET TO A
POINT ON SAID SOUTHWESTERLY LINE OF CARLSBAD BOULEVARD; THENCE
ALONG SAID SOUTHWESTERLY LINE, NORTH 36°52'50" WEST 391.75 FEET
TO THE TRUE POINT OF BEGINNING.
01-0228360
RESERVING FROM THE HEREINABOVE DESCRIBED PROPERTY EASEMENTS TO
FACILITATE ACCESS TO, AND THE USE AND MAINTENANCE OF THE
PROPERTY AND THE CONTINUED OPERATION OF CERTAIN SDG&E
OPERATIONS EQUIPMENT LOCATED ON SAID PROPERTY, AS SET FORTH IN
THE "EASEMENT AND COVENANT AGREEMENT" EXECUTED BY SAN DIEGO GAS
& ELECTRIC COMPANY AND CABRILLO POWER I LLC, A DELAWARE LIMITED
LIABILITY COMPANY AND RECORDED MAY 21, 1999 AS FILE NO.
1999-0347267 OF OFFICIAL RECORDS.
PARCEL "B":
PORTION OF ASSESSOR PARCEL NO. 210-010-36
[BOOK 4456 PAGE 49 JACOBSEN]
(PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 30, 2001 AS FILE NO. 2001-0789067 OF OFFICIAL RECORDS;
ALL OF PARCEL 9 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER
30, 2001 AS FILE NO. 2001-0789073 OF OFFICIAL RECORDS; PORTION
OF PARCEL 10 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30,
2001 AS FILE NO. 2001-0789074 OF OFFICIAL RECORDS; ALL OF
PARCEL 11 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30,
2001 AS FILE NO. 2001-0789075 OF OFFICIAL RECORDS)
ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1896, SITUATED WITHIN THAT PORTION
THEREOF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY,
RECORDED JUNE 17, 1940 IN BOOK 1035, PAGE 301 OF OFFICIAL
RECORDS BY DOCUMENT NO. 28815, DESCRIBED AS FOLLOWS: BEGINNING
AT THE POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH
AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM THE
SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO
THE MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF
WHICH PARALLEL LINE AND ITS WESTERLY PROLONGATION THEREOF IS
RECORDED AS NORTH 72°25' EAST ON SAID MAP OF SAID PALISADES NO.
2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY WAS
ESTABLISHED ON SEPTEMBER 22, 1948, SAID POINT OF BEGINNING
BEING ALSO THE xMOST NORTHERLY CORNER OF THE LAND DESCRIBED IN
THE DEED FROM W. D. CANNON, ET AL., TO THE SAN DIEGO GAS AND
ELECTRIC COMPANY, A CORPORATION, RECORDED OCTOBER 8, 1948, IN
BOOK 2974, PAGE 493 OF OFFICIAL RECORDS; THENCE ALONG SAID
PARALLEL LINE AND ALONG ' THE NORTHERLY LINE OF SAID SAN DIEGO
GAS AND ELECTRIC COMPANY'S LAND SOUTH 72°25' WEST TO THE MEAN
HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHERLY ALONG
SAID MEAN HIGH TIDE LINE 1150 FEET MORE OR LESS TO THE MOST
SOUTHERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO PAUL ECKE,
ET UX, BY DEED RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43671 IN
BOOK 2778, PAGE 357 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID ECKE LAND NORTH 72°21'30" EAST 1720
FEET MORE OR LESS TO THE MOST EASTERLY CORNER OF SAID ECKE LAND
01-0228360
IN THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID WESTERLY LINE WAS
ESTABLISHED IN DEED RECORDED AUGUST 30, 1909 AS DOCUMENT NO.
3091 IN BOOK 473, PAGE 111 OF DEEDS; THENCE NORTHERLY ALONG
SAID WESTERLY RAILWAY RIGHT OF WAY LINE SO ESTABLISHED IN SAID
DEED 880 FEET MORE OR LESS TO THE NORTHERLY BOUNDARY OF SAID
ABOVE MENTIONED LAND CONVEYED TO SAN DIEGO COUNTY WATER
COMPANY; THENCE ALONG THE NORTHERLY, NORTHEASTERLY AND EASTERLY
BOUNDARY OF SAID SAN DIEGO COUNTY WATER COMPANY'S LAND AS
FOLLOWS:
NORTH 72°24' EAST 1340 FEET MORE OR LESS TO AN ANGLE POINT IN
SAID BOUNDARY; NORTH 63°42' EAST 893.68 FEET; SOUTH 34°21' EAST
1290.30 FEET; SOUTH 72°14' EAST 1585.30 FEET; SOUTH 53°57' EAST
892.70 FEET; SOUTH 64°35' EAST 2531.00 FEET; SOUTH 0°34' EAST
1319.22 FEET; NORTH 89°28' EAST 1865 FEET AND SOUTH 0°32' EAST
625 FEET MORE- OR LESS TO THE SOUTHEASTERLY CORNER OF THE LAND
DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C.
JACOBSEN, ET AL, RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43667
IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID JACOBSEN LAND SO DESCRIBED SOUTH
80°43'25" WEST TO AN ANGLE POINT THEREIN AND NORTH 23°05'05"
WEST 1485.87 FEET TO A SECOND ANGLE POINT IN SAID SOUTHERLY
BOUNDARY FROM WHICH ANGLE POINT THE NEXT COURSE IN SAID
SOUTHERLY BOUNDARY TO THE WEST BEARS SOUTH 66°54'10" WEST;
THENCE LEAVING SAID ANGLE POINT AND LEAVING SAID SOUTHERLY
BOUNDARY NORTH 66°54'10" EAST 17 FEET TO A POINT DESIGNATED
HEREIN AS POINT "A"; THENCE NORTH 23°05'05" WEST TO AN
INTERSECTION WITH THE SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF
THE SWAMP OR OVERFLOW LAND KNOWN AS THE LAGOON BED; AS SAID
BOUNDARY WAS LOCATED ON SEPTEMBER 28, 1948; SAID INTERSECTION
BEING DESIGNATED HEREIN AS POINT "B"; THENCE NORTHWESTERLY AND
WESTERLY ALONG SAID SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF
SAID SWAMP LAND TO AN INTERSECTION WITH THE EASTERLY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT
OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948, SAID INTERSECTION
BEING DESIGNATED HEREIN AS POINT "C"; THENCE SOUTHERLY ALONG
SAID EASTERLY LINE OF RIGHT OF WAY TO SAID LINE WHICH IS
PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY
FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2,
ACCORDING TO MAP THEREOF NO. 1803; THENCE ALONG SAID PARALLEL
LINE SOUTH 72°25' WEST TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN EXCEPTION
PARCELS 1 THROUGH 10 DESCRIBED AS FOLLOWS:
EXCEPTION PARCEL 1:
THAT PORTION OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY DESCRIBED IN DEED RECORDED AUGUST 30,
1909 AS DOCUMENT NO. 3091 IN BOOK 473, PAGE 111 OF DEEDS, MORE
01-0228360
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION 0? LOT "H" OF SUBDIVISION OF RANCKO AGUA HEDIONDA,
DESCRIBED AS FOLLOWS: COMMENCING AT INTERSECTION OF WESTERLY
LINE OF 100 FOOT RIGHT OF WAY OF ATCHISON, TOPEKA AND 'SANTA FE
RAILWAY, WITH NORTHERLY LINE OF SAID LOT "H", THENCE SOUTHERLY
ALONG SAID WESTERLY LINE OF 100 FOOT RIGHT OF WAY, 1302 FEET,
MORE OR LESS TO A POINT OPPOSITE ENGINEER'S STATION 2261 PLUS
22.2 OF CENTER LINE OF SAID 100 FOOT RIGHT OF WAY, SAID POINT
BEING 75 FEET AT RIGHT ANGLES WESTERLY FROM CENTER LINE OF
RE-LOCATION OF ATCHISON, TOPEKA AND SANTA FE RAILWAY AT
ENGINEERS STATION 2260 PLUS 63.5 OF SAID RELOCATION, THENCE
NORTH 37°28' WEST MAGNETIC, PARALLEL WITH AND 75 FEET WESTERLY
FROM SAID CENTER LINE OF RE-LOCATION, 666.3 FEET; THENCE
NORTHERLY ON A CURVE CONCAVE TO WEST WITH A RADIUS OF 2789.93
FEET, 75 FEET WESTERLY FROM AND PARALLEL WITH SAID CENTER LINE
OF RE-LOCATION, 595.7 FEET, MORE OR LESS, TO SAID NORTHERLY
LINE OF LOT "H" ; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF
LOT H, 30.8 FEET TO POINT OF COMMENCEMENT.
ALSO THAT PORTION OF SAID LOT "H", DESCRIBED AS FOLLOWS:
COMMENCING IN EASTERLY LINE OF SAID 100 FOOT RIGHT OF WAY
OPPOSITE ENGINEER'S STATION 2262 PLUS 02.5 OF CENTER LINE OF
SAID RIGHT OF WAY, SAID POINT BEING 50 FEET AT RIGHT ANGLES
EASTERLY FROM SAID CENTER LINE OF RE-LOCATION, OPPOSITE
ENGINEER'S STATION 2260 PLUS 95.6 OF SAID RE-LOCATION, THENCE
SOUTH 37°28" EAST MAGNETIC, PARALLEL WITH AND 50 FEET EASTERLY
FROM SAID CENTER LINE OF RE-LOCATION 3123.9 FEET TO A POINT IN
EASTERLY LINE OF SAID 100 FOOT RIGHT OF WAY OPPOSITE ENGINEER'S
STATION 2229 PLUS 60.7 OF CENTER LINE OF SAID RIGHT OF WAY,
THENCE NORTHERLY ALONG EASTERLY LINE OF SAID 100 FOOT RIGHT OF
WAY 842.8 FEET TO A POINT 50 FEET AT RIGHT ANGLES WESTERLY FROM
CENTER LINE OF SAID RE-LOCATION, OPPOSITE ENGINEER'S STATION
2237 PLUS 96.6, THENCE NORTH 37°28' WEST MAGNETIC PARALLEL WITH
AND 50 FEET WESTERLY FROM SAID CENTER LINE OF RE-LOCATION 2103
FEET TO A POINT IN EASTERLY LINE OF SAID 100 FOOT RIGHT OF WAY
OPPOSITE ENGINEER'S STATION 2259 PLUS 92.2 OF CENTER LINE OF
SAID RIGHT OF WAY; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF
SAID 100 FOOT RIGHT OF WAY 210.3 FEET TO THE POINT OF
COMMENCEMENT.
EXCEPTION PARCEL 2:
THAT PARCEL OF LAND DESCRIBED IN DEED TO PAUL ECKE, ET UX,
RECORDED APRIL 4, 1947 AS DOCUMENT NO. 35894 IN BOOK 2380, PAGE
40 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER COMMON TO LOTS "F", "H", AND "I" OF RANCHO
AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, ACCORDING TO MAP
THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY; RUNNING THENCE SOUTHERLY ALONG THE EASTERLY
LINE OF SAID LOT "H" A DISTANCE OF 600 FEET; THENCE AT RIGHT
01-0228360
ANGLES WESTERLY A DISTANCE OF 363 FEET; THENCE AT RIGHT ANGLES
NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF LOT "H" A
DISTANCE OF 600 FEET; THENCE AT RIGHT ANGLES EASTERLY A
DISTANCE OF 363 FEET TO THE POINT OF BEGINNING.
EXCEPTION PARCEL 3:
THAT ONE-HALF INTEREST CONVEYED TO PAUL ECKE, ET UX, IN THE
RESERVOIR SITE DESCRIBED IN PARCEL I IN DEED TO PAUL ECKE, ET
UX, RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43670 IN BOOK 2778,
PAGE 352 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: A ONE-HALF UNDIVIDED INTEREST IN A PORTION OF LOT "H"
OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, ACCORDING
TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT
"H" OF SAID RANCHO AGUA HEDIONDA WITH THE CENTER LINE OF THE
100 FOOT RIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA BY
DEED RECORDED AUGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL
RECORDS BY DOCUMENT NO. 46278 IN A PORTION OF SAID NORTHERLY
BOUNDARY OF LOT "H" BEARING SOUTH 78°03' EAST 1149.32 FEET
(RECORD 1148.08 FEET) AND NORTH 72°21'30" EAST 2036.33 FEET
(RECORD NORTH 72°24' EAST 2036.30 FEET) FROM CORNER NO. 1 OF
SAID RANCHO AGUA HEDIONDA ACCORDING TO LICENSED SURVEY MAP NO.
173 FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 16,
1913; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF RIGHT OF
WAY 6,664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 AS SHOWN
ON MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI SD 2 B
ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER,
SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF
SAID CENTER LINE OF RIGHT OF WAY HAVING A BEARING OF SOUTH
30°38'50" EAST (ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO
SAID DEED BOOK 432, PAGE 60, THE BEARING IS RECORD SOUTH
30°43'30" EAST); THENCE NORTH 59°21'10" EAST 1097.36 FEET TO
THE CENTER LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY IS DESCRIBED IN
DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS;
THENCE ALONG SAID CENTER LINE OF RAILWAY RIGHT OF WAY NORTH
23°06' WEST, 962.84 FEET; THENCE LEAVING SAID CENTER LINE NORTH
66°54'10" EAST 1770 FEET TO A POINT DESIGNATED HEREIN AS POINT
"A"; THENCE NORTH 23°05'05" WEST 461.74 FEET; THENCE NORTH
66°56'40" EAST 350.15 FEET TO THE TRUE POINT OF BEGINNING OF
THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 23°03'20" WEST 234
FEET; THENCE NORTH 66°56'40" EAST 260.32 FEET; THENCE SOUTH
23°03'20" EAST 234 FEET; THENCE SOUTH 66°56'40" WEST 260.32
FEET TO THE TRUE POINT OF BEGINNING, AND BEING THE LOCATION OF
AN EXISTING WATER RESERVOIR AND PUMPHOUSE.
EXCEPTION PARCEL 4:
THAT PARCEL OF LAND DESCRIBED IN THE DEED FROM W.D. CANNON, A
01-0228360
SINGLE MAN, ET AL, TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, A KANSAS CORPORATION, RECORDED OCTOBER 11, 1948, IN
BOOK 2977, PAGE 147 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THAT CERTAIN IRREGULAR SHAPED PARCEL OF LAND AT CARLSBAD, IN
THE COUNTY OF SAN DIEGO, BEING A PORTION OF LOT "H" IN RANCHO
AGUA HEDIONDA AS SHOWN ON PARTITION MAP THEREOF NO. 823 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP
NO. 1806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY BEING A POINT IN A LINE WHICH BEARS NORTH
72°21'30" EAST FROM ENGINEER'S STATION 386 PLUS 40.79 PER STATE
HIGHWAY PLAN XI-SD-2B AS SHOWN ON SAID MAP NO. 1806; THENCE
NORTH 72°21'30" EAST ALONG THE NORTHEASTERLY PROLONGATION OF
SAID LINE TO THE WESTERLY LINE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY'S RIGHT OF WAY; THENCE SOUTHERLY ALONG
SAID WESTERLY RIGHT OF WAY LINE TO THE NORTHEASTERLY LINE OF
SAID
RECORD OF SURVEY NO. 1806; THENCE NORTH 29°16'00" WEST ALONG THE
NORTHEAST LINE OF SAID RECORD OF SURVEY A DISTANCE OF 835.07
FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.57 OF AN
ACRE MORE OR LESS.
EXCEPTION PARCEL 5:
THAT PORTION WHICH LIES WITHIN THE HEREINAFTER DESCRIBED PARCEL
"6" AND PARCEL "8".
EXCEPTION PARCEL 6:
EXCEPTING THAT PORTION OF LOT "H" OF THE RANCHO AGUA HEDIONDA,
ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
LYING NORTHERLY OF THE SOUTHERLY BOUNDARY OF THE SWAMP OR
OVERFLOW LAND KNOWN AS THE LAGOON BED; AS SAID BOUNDARY WAS
LOCATED ON SEPTEMBER 28, 1948 AS DESCRIBED IN GRANT DEED
RECORDED MAY 18, 1953 IN BOOK 4858, PAGE 320 OF OFFICIAL
RECORDS; CONTAINED WITHIN THE- FOLLOWING DESCRIBED PARCEL OF
LAND; BEGINNING AT A POINT ON THE NORTHERLY LIE OF SAID LOT
"H", DISTANT THEREON SOUTH 63°35'18" WEST, 751.44 FEET FROM A
6-INCH CONCRETE MONUMENT SET FOR THE MOST NORTHERLY CORNER OF
LOT "H" COMMON TO LOTS "H" AND "I" OF SAID RANCHO SAID POINT OF
BEGINNING BEING ENGINEER'S STATION 396 PLUS 57.69 P.O.C. ON THE
CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY MADE IN
1949 BETWEEN 2.2 MILE SOUTH OF CARLSBAD AND THE SOUTH CITY
LIMIT OF OCEANSIDE, ROAD XI-SD-2B; THENCE ALONG SAID NORTHERLY
LINE OF LOT "H", NORTH 63°35'18" EAST, 184.16 FEET; THENCE
<!*/ I
01-0228360
LEAVING SAID NORTHERLY LINE, SOUTH 18°24'53" EAST, 59.72 FEET;
THENCE SOUTH 3°45'02" EAST, 1172.77 FEET; THENCE SOUTH
85°14'5S" WEST, 50.00 FEET; THENCE SOUTH 3°45'02" EAST, 194.28
FEET; THENCE SOUTH 84°58'49" WEST, 141.36 FEET TO ENGINEER'S
STATION 383 PLUS 00.07 P.O.C. ON THE CENTER LINE OF SAID SURVEY;
THENCE FROM A TANGENT WHICH BEARS NORTH 5°01'11" WEST, ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 2000 FEET, THROUGH AN ANGLE
OF 2°18'01" A DISTANCE OF 80.30 FEET; THENCE NORTH 2°43'10"
WEST, 69.63 FEET TO ENGINEER'S STATION 384 PLUS 50.00 ON SAID
CENTER LINE; THENCE LEAVING SAID CENTER LINE, SOUTH 87°16'50"
WEST, 145.00 FEET; THENCE NORTH 0°36'36" WEST, 50.03 FEET;
THENCE SOUTH 89°23'24" WEST , 50.00 FEET; THENCE NORTH 0°36'36"
WEST, 894.20 FEET; THENCE NORTH 15°45'38" WEST, 194.66 FEET TO
SAID NORTHERLY LINE OF LOT "H"; THENCE ALONG SAID NORTHERLY
LINE, NORTH 72°17'18" EAST, 59.22 FEET TO A 6-INCH CONCRETE
FILLED IRON PIPE SET FOR AN ANGLE POINT IN SAID NORTHERLY LINE;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 63°35'18"
EAST, 142.25 FEET TO THE POINT OF BEGINNING.
EXCEPTION PARCEL 7:
(PARCEL 1 AND PARCEL 4 OF 69-048604)
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, ACCORDING TO
PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING
WESTERLY OF THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 18, 1953 IN BOOK
4858, AT PAGE 320 AND WESTERLY OF THE WESTERLY BOUNDARY OF THE
LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, RECORDED MAY
2, 1952, IN BOOK 4456 AT PAGE 192, BOTH IN SAN DIEGO CONTY
OFFICIAL RECORDS AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WESTERLY TERMINUS OF THE COURSE DESCRIBED AS
NORTH 89°23'24" WEST, 50.00 FEET, IN SAID DEED; THENCE (1)
SOUTH 17°57'26" EAST, 220.15 FEET; THENCE (2) SOUTH 12°34'26"
EAST, 424.93 FEET; THENCE (3) SOUTH 22°08'07" EAST, 239.41 FEET;
THENCE (4) SOUTH 22°30'44" EAST, 1573.45 FEET; THENCE (5) SOUTH
25°56'45" EAST, 100.18 FEET; THENCE (6) SOUTH 21°18'40" EAST,
197.15 FEET; THENCE (7) SOUTH 16°29'30" EAST, 100.02 FEET ;
THENCE (8) SOUTH 50°39'42" EAST, 23.85 FEET; THENCE (9) SOUTH
17°38'11" EAST, 8.78 FEET; THENCE (10) SOUTH 01°07'27" EAST,
116.05 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE THIRD
DESCRIBED EXCEPTION AS DESCRIBED IN THE DEED TO SAN DIEGO GAS
AND ELECTRIC COMPANY, A CORPORATION, RECORDED JANUARY 21, 1953
IN BOOK 4722 AT PAGE 350, SAND DIEGO COUNTY OFFICIAL RECORDS,
SAID POINT BEARS SOUTH 67°31'40" WEST, 56.81 FEET FROM THE MOST
NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID EXCEPTION.
PARCEL 2: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA,
ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896
LYING EASTERLY OF THE EASTERLY BOUNDARY OF THE LAND DESCRIBED
01-0228360
IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 2, 1952, IN
BOOK 4456 AT PAGE 192, SAN DIEGO CONTY OFFICIAL RECORDS,
EASTERLY OF THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA RECORDED MAY 18, 1953 IN BOOK
4858 AT PAGE 320, SAN DIEGO CONTY OFFICIAL RECORDS, AND LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE
EASTERLY TERMINUS OF THE COURSE DESCRIBED AS "SOUTH 86°14'58"
WEST, 50.00 FEET IN SAID DEED; THENCE SOUTH 11°16'18" WEST,
200.57 FEET TO THE NORTHERLY TERMINUS OF THE COURSE DESCRIBED
AS "SOUTH 16°04'40" EAST, 362.38 FEET" IN SAID FINAL ORDER OF
CONDEMNATION.
EXCEPTION PARCEL 8:
EXCEPTING THEREFROM, ALL THAT PORTION OF THE HEREINABOVE
DESCRIBED PARCEL "3" DESCRIBED AS PARCEL "A" IN THE CERTIFICATE
OF COMPLIANCE RECORDED NOVEMBER 22, 1995 AS FILE NO.
1995-0532900 OF OFFICIAL RECORDS.
EXCEPTION PARCEL 9:
(PARCEL 1 FROM BOOK 4821, PAGE 209 ORS)
ALL THAT PORTION OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
SITUATED WITHIN THAT PORTION THEREOF DESCRIBED IN DEED TO SAN
DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK
1035, PAGE 301 OF OFFICIAL RECORDS, AS DOCUMENT NO. 18815,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION
OF THE NORTHERLY BOUNDARY OF LOT "H" OF SAID RANCHO AGUA
HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIGHT OF WAY
GRANTED TO THE STATE OF CALIFORNIA, BY DEED RECORDED AUGUST 30,
1935, IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS AS DOCUMENT NO.
46278 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT »H"
BEARING SOUTH 78°03' EAST, 1149.32 FEET (RECORD 1148.08) AND
NORTH 72°21'30" EAST, 2036.33 FEET (RECORD NORTH 72°24' EAST,
2036.30 FEET) FROM CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA,
ACCORDING TO LICENSED SURVEY MAP NO. 173 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 16, 1913;
THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF RIGHT OF WAY
SOUTH 36°52'50" EAST (HIGHWAY RECORD SOUTH 36°57'30 EAST)
677.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 5000 FEET; THENCE
SOUTHERLY ALONG SAID CURVE AND ALONG SAID CENTER LINE OF
HIGHWAY RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 9°25'49" A
DISTANCE OF 822.95 FEET TO ENGINEERS STATION 386 PLUS 40.79 AS
SHOWN ON THE MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF ROAD
XI-SD-2B ON FILE IN THE OFFICE OF THE DISTRICT STATE OF HIGHWAY
ENGINEER, SAID ENGINEER'S STATION BEING AT A POINT IN SAID
CURVE WHICH A RADIAL LINE THERETO BEARS NORTH 62°32'59" EAST;
lva" - ^Ate 9
01-0228360
SAID ENGINEER'S STATION BEING ALSO A POINT ON A PORTION OF THE
NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
A DEED TO SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION,
RECORDED IN BOOK 4456, PAGE 49 OF OFFICIAL RECORDS, SAID LAS
DESCRIBED LINE BEING ALSO THE SOUTHEASTERLY LINE OF THAT CERTAIN
PORTION OF LAND DESCRIBED IN PARCEL 1 OF A DEED TO PAUL ECKE,
ET UX, RECORDED IN BOOK 2778, PAGE 357 OF OFFICIAL RECORDS;
THENCE FROM SAID CENTER LINE ENGINEER'S STATION 386 PLUS 40.79
NORTH 72°21'30" EAST ALONG THE NORTHWESTERLY LINE OF THE SAID
SAN DIEGO GAS & ELECTRIC COMPANY PROPERTY ABOVE DESCRIBED, AND
ALONG THE SOUTHEASTERLY LINE OF THE SAID ECKE PROPERTY ABOVE
DESCRIBED A DISTANCE OF 152.16 FEET .TO THE TRUE POINT OF
BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE FROM SAID
TRUE POINT OF BEGINNING SOUTH 5°52'30n EAST, 233.20 FEET;
THENCE SOUTH 65°17'40" WEST, 70 FEET TO A POINT ON THE CENTER
LINE OF THE ABOVE DESCRIBED 100 FOOT STATE HIGHWAY RIGHT OF
WAY. SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 5000 FEET, SAID POINT
BEING SHOWN AS ENGINEER'S STATION 384 PLUS 01.27 ON SAID MAP OF
SAID 100 FOOT RIGHT OF WAY; THENCE CONTINUING SOUTH 65°17'40"
WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE
NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO THE
NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN A DEED TO SAN DIEGO GAS & ELECTRIC COMPANY, RECORDED IN BOOK
4456, PAGE 49 OF SAID OFFICIAL RECORDS, SAID CORNER BEING ALSO
THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN PARCEL 1 OF A DEED TO PAUL ECKE ET UX, RECORDED IN
BOOK 2778, PAGE 357 OF OFFICIAL RECORDS; THENCE NORTH 72°21'30"
EAST ALONG THE NORTHWESTERLY LINE OF THE SAID SAND DIEGO GAS t
ELECTRIC COMPANY PROPERTY ABOVE DESCRIBED TO THE TRUE POINT OF
BEGINNING.
EXCEPTION PARCEL 10:
(PARCEL 2 OF 90-9473)
THAT 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,
DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" DESCRIBED IN
PARCEL 1 OF THE GRANT DEED RECORDED AS FILE NO. 1990-9473;
THENCE ALONG THE CENTER LINE OF SAID CARLSBAD BOULEVARD, 100
FEET IN WIDTH (FORMERLY US HWY 101) AS SHOWN AND DELINEATED ON
SAID RECORD OF SURVEY MAP NO. 1806, SOUTH 36°52'50" EAST 391.75
FEET TO THE BEGINNING OF A TANGENT 5000.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 12°10'30", A DISTANCE OF
1062.47 FEET; THENCE NONTANGENT AND LEAVING SAID CENTER LINE
SOUTH 65°17'40" WEST, 50.00 FEET TO THE TRUE POINT OF
BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON THE
SOUTHWESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE FROM SAID
to
01-0228360
TRUE POINT OF BEGINNING CONTINUING SOUTH 65°17'40" WEST, 94.54
FEET TO A POINT ON THE ORDINARY HIGH WATER MARK, AS ESTABLISHED
BY A SURVEY FILED AND APPROVED ON DECEMBER 22, 1953 BY THE
STATE LANDS COMMISSION, DIVISION OF STATE LANDS, STATE OF
CALIFORNIA,- THENCE ALONG SAID ORDINARY HIGH WATER MARK, SOUTH
25°40'37" EAST, 335.49 FEET; SOUTH 22°26'51" EAST 572.13 FEET;
SOUTH 19°54'35" EAST, 184.39 FEET AND SOUTH 21°45'06" EAST
68.19 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER MARK, NORTH
65°17'40" EAST, 130.33 FEET TO A POINT ON SAID SOUTHWESTERLY
LINE OF CARLSBAD BOULEVARD; THENCE ALONG SAID SOUTHWESTERLY LINE
NORTH 24°42'20' WEST, 1159.00 FEET TO THE TRUE POINT OF
BEGINNING.
RESERVING FROM THE HEREINABOVE DESCRIBED PROPERTY EASEMENTS TO
FACILITATE ACCESS TO, AND THE USE AND MAINTENANCE OF THE
PROPERTY AND THE CONTINUED OPERATION OF CERTAIN SDG&E
OPERATIONS EQUIPMENT LOCATED ON SAID PROPERTY, AS SET FORTH IN
THE "EASEMENT AND COVENANT AGREEMENT" EXECUTED BY SAN DIEGO GAS
AND ELECTRIC COMPANY AND CABRILLO POWER I LLC, A DELAWARE
LIMITED LIABILITY COMPANY, AND RECORDED MAY 21, 1999 AS FILE
NO. 1999-0347267 OF OFFICIAL RECORDS.
PARCEL "C":
PORTION OF APN 210 010 32
(PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDED AS FILE NO.
78-392949)
(PARCEL 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30,
2001 AS FILE NO. 2001-0789068 OF OFFICIAL RECORDS AND PARCEL 7
OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS FILE
NO. 2001-0789072 OF OFFICIAL RECORDS)
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LAND DESCRIBED IN
DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED OCTOBER 8,
1948 IN BOOK 2974, PAGE 493 OF OFFICIAL RECORDS; THENCE ALONG
THE EASTERLY PROLONGATION OF THE NORTHERLY LINE THEREOF NORTH
72°57'29" EAST (RECORD NORTH 72°25' EAST PER DEED) 100.46 FEET
TO A POINT ON THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO
SAN DIEGO GAS AND ELECTRIC COMPANY BY DEED FROM W.D. CANNON
RECORDED JANUARY 21, 1953 AS DOCUMENT 9010 IN BOOK 4722, PAGE
350 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 22°31'09"
EAST 2806.13 FEET TO AN ANGLE POINT IN SAID LAND; THENCE NORTH
67°29'33" EAST {RECORD NORTH 66°53'10" EAST PER SAID DEED),
60.00 FEET; THENCE TO AND ALONG THE SOUTHWESTERLY LINE OF THE
LAND DESCRIBED IN DEED TO JAPATUL CORPORATION RECORDED
01-0228360
SEPTEMBER 13, 1973 AS FILE NO. 73-257463 OF SAID OFFICIAL
RECORDS, NORTH 22°31'09" EAST 708.00 FEET TO THE NORTHWEST
CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
JAPATUL LAND NORTH 67°29'33" EAST (RECORD NORTH 66°54'10" EAST
PER SAID DEED) 517.56 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE ALONG THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY
ll-SD-5 AS DESCRIBED IN DEED RECORDED MARCH 20, 1969 AS FILE
NO. 48604 OF OFFICIAL RECORDS AS FOLLOWS:
NORTH 01°06'33" EAST 116.34 FEET; NORTH 17°37'17" EAST 8.78
FEET; NORTH 50°38'43" WEST 23.85 FEET; NORTH 16°28'36n WEST
100.02 FEET; NORTH 21°19'34" WEST 197.26 FEET; NORTH 25°57'04"
WEST 100.19 FEET; NORTH 22°31'32" WEST 1,573.66 FEET; NORTH
22°08'49" WEST 239.43 FEET; NORTH 12°35'03" WEST 424.87 FEET;
AND NORTH 17°22'30" WEST 202.94 FEET; THENCE LEAVING SAID
WESTERLY LINE SOUTH 81°50'51" WEST 19.18 FEET; THENCE NORTH
86°55'09" WEST 332.00 FEET; THENCE SOUTH 79°16'51" WEST 285.00
FEET; THENCE NORTH 69°13'09" WEST 38.00 FEET; THENCE NORTH
40°50'09" WEST 63.50 FEET; THENCE SOUTH 30°27'51" WEST 35.00
FEET; THENCE SOUTH 61°22'51" WEST 13.61 FEET TO THE EXISTING
EASTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE
RAILWAY COMPANY; THENCE ALONG SAID LINE SOUTH 22°31'09" EAST
302.87 FEET TO THE BEGINNING OF A NON-TANGENT 1005.37 FOOT
RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 88°00'52" EAST; SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 03°14'10" A DISTANCE OF 56.78
FEET AND NON-TANGENT TO SAID CURVE SOUTH 22°31'09" EAST 786.71
FEET TO THE TRUE POINT OF BEGINNING.
RESERVING FROM THE HEREINABOVE DESCRIBED PROPERTY EASEMENT TO
FACILITATE ACCESS TO AND THE USE AND MAINTENANCE OF THE
PROPERTY AND THE CONTINUED OPERATION OF CERTAIN SDG&E
OPERATIONS EQUIPMENT LOCATED ON SAID PROPERTY, AS SET FORTH IN
THE "EASEMENT AND COVENANT AGREEMENT" EXECUTED BY SAN DIEGO GAS
AND ELECTRIC COMPANY AND CABRILLO POWER I LLC, A DELAWARE
LIMITED LIABILITY COMPANY RECORDED MAY 21, 1999 AS FILE NO.
1999-0347267 OF OFFICIAL RECORDS.
PARCEL "D":
PORTION OF APN 210 010 36
(PARCEL 1 OF CERTIFICATE OF COMPLIANCE RECORDED AS FILE NO.
78-430841)
(PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 30, 2001 AS FILE NO. 2001-0789067 OF OFFICIAL RECORDS;
ALL OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER
30, 2001 AS FILE NO. 2001-0789068 OF OFFICIAL RECORDS; ALL OF
PARCEL 5 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001
AS FILE NO. 2001-0789069 OF OFFICIAL RECORDS; ALL OF PARCEL 6 OF
CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS FILE NO.
2001-0789070 OF OFFICIAL RECORDS)
12.
01-0228360
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE MEAN HIGH TIDE
LINE OF THE PACIFIC OCEAN WITH THE WESTERLY PROLONGATION OF A
LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT
ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF
PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 25,
1924, THE BEARING OF WHICH PARALLEL LINE AND ITS WESTERLY
PROLONGATION THEREOF IS RECORDED AS NORTH 72°25' EAST ON SAID
MAP OF SAID PALISADES NO. 2, THENCE FROM SAID POINT OF
INTERSECTION NORTH 72°25' EAST ALONG SAID PARALLEL LINE AND THE
PROLONGATION THEREOF, TO THE WESTERLY LINE OF THE RIGHT OF WAY
OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SAID
RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY A DISTANCE OF
2755.18 FEET TO A POINT; THENCE SOUTH 66°54'10" WEST TO THE MEAN
HIGH TIDE LINE OF THE PACIFIC OCEAN, SAID LAND NAMED COURSE AND
BEARING BEING PARALLEL WITH THE LOCATION AND PROLONGATION OF
THAT COURSE, IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN
QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN ET
AL RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43667 IN BOOK 2778,
PAGE 341 OF OFFICIAL RECORDS, DESIGNATED AS "NORTH 66°54'10"
EAST 1770 FEET; AS SAID LOCATION AND PROLONGATION OF SAID
COURSE WAS MONUMENTED ON THE GROUND ON SEPTEMBER 22, 1948;
THENCE NORTHWESTERLY ALONG THE SAID MEAN HIGH TIDE LINE OF THE
PACIFIC OCEAN TO THE POINT OF BEGINNING. EXCEPTING THEREFROM
THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED BY
W.D. CANNON ET AL TO SAN DIEGO GAS AND ELECTRIC COMPANY BY DEED
RECORDED OCTOBER 8, 1948, IN BOOK 2794, AT PAGE 493 OF OFFICIAL
RECORDS OF THE COUNTY OF SAN DIEGO; THENCE SOUTH 66°54'10" WEST
ALONG THE SOUTHERLY LINE OF PROPERTY SO CONVEYED TO SAN DIEGO
GAS AND ELECTRIC COMPANY A DISTANCE OF 1242.57 FEET, MORE OR
LESS, TO A POINT ON THE WESTERLY LINE OF 100 FOOT STATE HIGHWAY
RIGHT OF WAY AS ESTABLISHED ON SEPTEMBER 28, 1948, WHICH POINT
IS THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN
DESCRIBED; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID 100
FOOT STATE HIGHWAY RIGHT OF WAY 660 FEET; THENCE LEAVING SAID
WESTERLY LINE OF 100 FOOT STATE HIGHWAY RIGHT OF WAY SOUTH
66°54'10" WEST PARALLEL WITH THE SOUTHERLY LINE OF THE PROPERTY
CONVEYED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY ABOVE
DESCRIBED TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN;
THENCE SOUTHERLY ALONG SAID MEAN HIGH TIDE LINE TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF THE PROPERTY CONVEYED
TO THE SAN DIEGO GAS AND ELECTRIC COMPANY ABOVE DESCRIBED;
(3
01-0228360
THENCE NORTH 66°54'10" EAST ALONG SAID SOUTHERLY LINE TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, PARCEL 2 OF 90-9473 DESCRIBED AS THAT
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,
DESCRIBED AS FOLLOWS:
COMMENCING AT POINT "A" DESCRIBED IN PARCEL 1 OF THE GRANT DEED
RECORDED AS FILE NO. 1990-9473; THENCE ALONG THE CENTER LINE OF
SAID CARLSBAD BOULEVARD, 100 FEET IN WIDTH, (FORMERLY US HWY
101) AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO.
1806, SOUTH 36°52'50" EAST 391.75 FEET TO THE BEGINNING OF A
TANGENT 5000.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 12°10'30", A DISTANCE OF 1062.47 FEET; THENCE
NONTANGENT AND LEAVING SAID CENTER LINE SOUTH 65°17'40" WEST,
50.00 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF
BEGINNING BEING A POINT ON THE SOUTHWESTERLY LINE OF SAID
CARLSBAD BOULEVARD; THENCE FROM SAID TRUE POINT OF BEGINNING
CONTINUING SOUTH 65°17'40" WEST 94.54 FEET TO A POINT ON THE
ORDINARY HIGH WATER MARK, AS ESTABLISHED BY A SURVEY FILED AND
APPROVED ON DECEMBER 22, 1953 BY THE STATE LANDS COMMISSION,
DIVISION OF STATE LANDS, STATE OF CALIFORNIA; THENCE ALONG SAID
ORDINARY HIGH WATER MARK, SOUTH 25°40'37" EAST, 335.49 FEET;
SOUTH 22°26'51" EAST 572.13 FEET; SOUTH 19°54;35" EAST, 184.39
FEET AND SOUTH 21°45'06" EAST 68.19 FEET; THENCE LEAVING SAID
ORDINARY HIGH WATER MARK, NORTH 65°17'40" EAST 130.33 FEET TO A
POINT ON SAID SOUTHWESTERLY LINE OF CARLSBAD BOULEVARD; THENCE
ALONG SAID SOUTHWESTERLY LINE NORTH 24°42'20" WEST, 1159.00
FEET TO THE TRUE POINT OF BEGINNING.
RESERVING FROM THE HEREINABOVE DESCRIBED PROPERTY EASEMENTS TO
FACILITATE ACCESS TO AND THE USE AND MAINTENANCE OF THE
PROPERTY AND THE CONTINUED OPERATION OF CERTAIN SDG&E
OPERATIONS EQUIPMENT LOCATED ON SAID PROPERTY, AS SET FORTH IN
THE "EASEMENT AND COVENANT AGREEMENT" EXECUTED BY SAN DIEGO GAS
AND ELECTRIC COMPANY AND CABRILLO POWER I LLC, A DELAWARE
LIMITED LIABILITY COMPANY RECORDED MAY 21, 1999 AS FILE NO.
1999-0347267 OF OFFICIAL RECORDS.
PARCEL "E":
APN 210 010 24 (66-6700/ECKE)
(PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
OCTOBER 30, 2001 AS FILE NO. 2001-0789067 OF OFFICIAL RECORDS)
ALL THAT PORTION OF LOT "H" IN RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE
01-0228360
OF THE RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896,
SITUATED WITHIN THAT PORTION THEREOF DESCRIBED IN DEED TO SAN
DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK
1035, PAGE 301 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO
AS DOCUMENT NO. 28815, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA,
ACCORDING TO LICENSED SURVEY MAP NO. 173, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 16, 1913;
THENCE SOUTH 78°03" EAST, ALONG THE NORTHERLY BOUNDARY LINE OF
LOT "H" OF SAID RANCHO AGUA HEDIONDA, A DISTANCE OF 92.06 FEET
TO A POINT OF INTERSECTION WITH THE CENTER LINE OF THAT CERTAIN
100 FOOT WIDE RIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA
BY DEED RECORDED AUGUST 30, 1935, IN BOOK 432 AT PAGE 60 OF
SAID OFFICIAL RECORDS, AS DOCUMENT NO. 46278; THENCE LEAVING
SAID NORTHERLY BOUNDARY LINE OF LOT "H", SOUTH 36°52'50" EAST
(SOUTH 36°57'30" EAST, RECORD PER MAP OF CALIFORNIA STATE
HIGHWAY XI-SD-2-B, AS SHOWN ON SHEET 18 OF 29 SHEETS, APPROVED
DECEMBER 26, 1933, ON FILE IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF HIGHWAYS, SACRAMENTO, CALIFORNIA, OLD HIGHWAY 101,
NOW KNOWN AS CARLSBAD BOULEVARD) A DISTANCE OF 677.05 FEET TO A
POINT OF INTERSECTION OF SAID CENTER LINE WITH THE SOUTHERLY
LINE OF THAT CERTAIN PORTION OF SAID LOT "H" DESCRIBED IN DEED
TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED APRIL 15, 1953
IN BOOK 4821 AT PAGE 199 OF SAID OFFICIAL RECORDS AS DOCUMENT
NO. 51679, SAID POINT OF INTERSECTION BEING THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
5000.00 FEET, SAID POINT OF INTERSECTION BEING THE TRUE POINT
OF BEGINNING OF THE LAND HEREIN DESCRIBED IN PARCEL 1; THENCE
NORTH 53°07'10" EAST ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
ABOVE DESCRIBED SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND,
BEING ALSO ALONG THE NORTHEASTERLY PROLONGATION OF A RADIAL
LINE OF SAID TANGENT CURVE, A DISTANCE OF 50.00 FEET TO AN
ANGLE POINT IN THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND
ELECTRIC COMPANY'S LAND; THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC
COMPANY'S LAND SOUTH 45°31'16" EAST, A DISTANCE OF 504.48 FEET
TO A POINT IN THE ARC OF A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 5150.00 FEET, A RADIAL LINE
OF SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 58°40'37"
EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, BEING
ALSO THE SOUTHWESTERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND
ELECTRIC COMPANY'S LAND, THROUGH A CENTRAL ANGLE OF 4°09'40", A
DISTANCE OF 374.01 FEET TO THE MOST SOUTHERLY CORNER OF SAID
SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND SAID MOST SOUTHERLY
CORNER BEING ALSO A POINT IN THE NORTHWESTERLY BOUNDARY LINE OF
THAT CERTAIN PORTION OF SAID LOT "H" DESCRIBED IN DEED TO SAN
DIEGO GAS AND ELECTRIC COMPANY RECORDED MAY 2, 1952 IN BOOK
4456 AT PAGE 49 OF SAID OFFICIAL RECORDS AS DOCUMENT NO. 54338;
THENCE SOUTH 5°52'30" EAST, ALONG THE WESTERLY BOUNDARY LINE OF
SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED IN
01-0228360
BOOK 4456, PAGE 49, A DISTANCE OF 233.20 FEET TO AN ANGLE POINT
THEREIN; THENCE SOUTH 65°17'40" WEST, ALONG THE NORTHWESTERLY
LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND
DESCRIBED IN BOOK 4456, PAGE 49, A DISTANCE OF 70.00 FEET TO A
POINT OF INTERSECTION WITH THE CENTER LINE OF SAID 100.00 FOOT
WIDE RIGHT OF WAY GRANTED TO SAID STATE OF CALIFORNIA RECORDED
IN BOOK 432 AT PAGE 60, SAID POINT OF INTERSECTION BEING ANOTHER
POINT IN THE ARC OF SAID TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 5000.00 FEET, A RADIAL LINE OF SAID CURVE
PASSING THROUGH SAID POINT BEARS NORTH 65°17'40" EAST; THENCE
LEAVING SAID NORTHWESTERLY BOUNDARY LINE OF SAID SAN DIEGO GAS
AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49
NORTHWESTERLY .ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 12°10'30", A DISTANCE OF 1062.47 FEET TO THE TRUE
POINT OF BEGINNING OF PARCEL 1.
RESERVING FROM THE HEREINABOVE DESCRIBED PROPERTY EASEMENTS TO
FACILITATE ACCESS TO, AND THE USE AND MAINTENANCE OF THE
PROPERTY AND THE CONTINUED OPERATION OF CERTAIN SDG&E OPERATIONS
EQUIPMENT LOCATED ON SAID PROPERTY, AS SET FORTH IN THE
"EASEMENT AND COVENANT AGREEMENT EXECUTED BY SAN DIEGO GAS AND
ELECTRIC COMPANY AND CABRILLO POWER I LLC, A DELAWARE LIMITED
LIABILITY COMPANY RECORDED MAY 21, 1999 AS FILE NO.
1999-0347267 OF OFFICIAL RECORDS.
PARCEL "F":
(EASEMENT)
(BOOK 4968 PAGE 560/PATTERSON)
AN EASEMENT FOR PURPOSES OF THE INTAKE AND DISCHARGE OF WATER
AND FOR DREDGING ACTIVITIES AS MORE FULLY DESCRIBED IN THE
EASEMENT AND COVENANT AGREEMENT RECORDED MAY 21, 1999 AS FILE
NO. 1999-0347267 OF OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY IN AND TO ALL OF BLOCK "W"
OF PALISADES UNIT NO. 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, AUGUST 25, 1924;
EXCEPTING THEREFROM, THE NORTHEASTERLY 300 FEET OF THE
NORTHWESTERLY 100 FEET THEREOF;
ALSO EXCEPTING THE NORTHWESTERLY 120 FEET OF SAID BLOCK "W"
LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF SAID
NORTHEASTERLY 300 FEET AND THE SOUTHEASTERLY PROLONGATION OF
SAID SOUTHWESTERLY LINE.
PARCEL "G":
EASEMENT (82-175943/ECKE)
AN EASEMENT FOR PURPOSES OF THE INTAKE AND DISCHARGE OF WATER
(0(0
01-0228360
AND FOR DREDGING ACTIVITIES AS MORE FULLY DESCRIBED IN THE
EASEMENT AND COVENANT AGREEMENT RECORDED MAY 21, 1999 AS FILE
NO. 1999-0347267 OF OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY IN AND TO THAT PORTION OF
RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 7, IN BLOCK "V" OF
PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CORNER
ALSO BEING THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN A DEED
TO THE ATKINSON, TOPEKA AND SANTA FE RAILROAD COMPANY, RECORDED
SEPTEMBER 13, 1948 AS FILE NO. 90581 IN BOOK 2944, PAGE 74 OF
OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID
RAILROAD COMPANY LAND, SOUTH 29°16'OS" EAST TO THE MOST
NORTHEASTERLY" CORNER OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS
& ELECTRIC COMPANY, RECORDED APRIL 15, 1953 AS FILE NO. 51679
IN BOOK 4821, PAGE 198 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID SAN DIEGO GAS & ELECTRIC COMPANY
LAND NORTH 76°46'00" WEST, 931.69 FEET AND NORTH 30°48'00"WEST, 238.36 FEET TO A POINT IN THE SOUTHERLY LINE OF BLOCK "W"
OF SAID MAP NO. 1803, THENCE ALONG SAID SOUTHERLY LINE SOUTH78°03'00" EAST (RECORD SOUTH 78°02'00" EAST PER MAP NO. 1803)
TO THE MOST EASTERLY CORNER OF SAID LOT'W, BEING A DISTANCE OF
135 FEET MORE OR LESS, SAID MOST WESTERLY CORNER ALSO BEING A
POINT ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 1803; THENCE
ALONG SAID SOUTHERLY BOUNDARY OF SAID MAP NO. 1803 TO THE POINT
OF BEGINNING.
PARCEL "H":
(EASEMENT)
AN EASEMENT FOR THE PURPOSES OF THE INTAKE AND DISCHARGE OF
WATER AND FOR DREDGING ACTIVITIES AS MORE FULLY DESCRIBED IN
THE EASEMENT AND COVENANT AGREEMENT RECORDED MAY 21, 1999 AS
FILE NO. 1999-0347267, IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY IN AND TO THAT PORTION 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 SAN DIEGO COUNTY, NOVEMBER 16,
1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL A OF A
CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 22, 1995 AS FILE NO.
1995-0532900; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH
33°44'36" EAST 1290.81 FEET; THENCE SOUTH 71°40'52" EAST
1586.90 FEET; THENCE SOUTH 53°19'03" EAST 893.14 FEET; THENCE
SOUTH 64°01'56" EAST, 2257.42 FEET; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 08°21'57" EAST, 182.60 FEET; THENCE
e^LHtair-" 6"
til
01-0228360
SOUTH 83°25'06" WEST, 313.69
160.23 FEET; THENCE NORTH
SOUTH 55°39'38" WEST 381.01
594.40 FEET; THENCE
NORTH 64°43'30" WEST,
186.69 FEET; THENCE
NORTH 83°34'03" WEST,
209.62 FEET; THENCE
NORTH 45°17'25" WEST,
226.98 FEET; THENCE
FEET; THENCE SOUTH 62°01'07" WEST,
76°53'47" WEST, 269.28 FEET; THENCE
EET; THENCE SOUTH 66°59'23" WEST,
SOUTH 87°02'46" WEST 210.53 FEET THENCE
244.66 FEET; THENCE NORTH 74°31'19" WEST,
NORTH 17°29'43" WEST, 220.16 FEET ; THENCE
514.52 FEET; THENCE NORTH 80"57'43" WEST,
72°35'04 WEST 308.66 FEET; THENCE
FEET; THENCE NORTH 53°58'34" WEST,
64°17'22" WEST, 177.48 FEET, THENCE
FEET; THENCE NORTH 48°58'53" WEST,
NORTH
291.62
NORTH
346.91NORTH 70°53'29" WEST,
87.04 FEET TO THE NORTHEASTERLY CORNER OF CERTIFICATE OF
COMPLIANCE RECORDED NOVEMBER 1, 1985 AS FILE NO. 85-411922;
THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 72°33'23"
WEST, 186.00 FEET; THENCE NORTH 78°46'23" WEST, 238.00 FEET;
THENCE NORTH 66°17'23" WEST, 172.00 FEET, THENCE NORTH
30°00'23" WEST, 23.00 FEET; THENCE NORTH 89°22'23" WEST, 24.00
FEET; THENCE NORTH 57°13'53" WEST, 275.40 FEET; THENCE NORTH
35°27'23" WEST, 430.00 FEET; THENCE NORTH 15°34'23" WEST,
252.00 FEET; THENCE NORTH 27°12'23" WEST 168.99 FEET TO A POINT
ON THE EASTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY
XI-SD-2B (1-5); THENCE ALONG SAID RIGHT OF WAY NORTH 11°13'43"
EAST, 92.85 FEET; THENCE NORTH 03°09'38" WEST, 1172.51 FEET;
THENCE NORTH 17°49'10" WEST, 59.67 FEET; THENCE LEAVING SAID
RIGHT OF WAY LINE NORTH 64°10'39" EAST, 567.13 FEET.
PARCEL "I":
(LEASEHOLD)
(FUEL OIL PIPELINE)
PARCEL 1:
A STRIP OF TIDE AND SUBMERGED LAND 60.00 FEET IN WIDTH,
EXTENDING INTO THE PACIFIC OCEAN, AND LOCATED APPROXIMATELY ONE
MILE SOUTH OF THE CITY OF CARLSBAD, SAN DIEGO COUNTY,
CALIFORNIA, AND LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT CORNER NUMBER 1 OF THE RANCHO AGUA HEDIONDA,
ACCORDING TO MAP 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, NOVEMBER 16, 1896;
THENCE SOUTH 26°07'53" EAST 3,450.26 FEET TO THE CENTER LINE OF
THE EXISTING 60.00 FOOT WIDE PIPELINE RIGHT OF WAY AND THE TRUE
POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE
SOUTH 66°57'20" WEST 2,622.43 FEET TO A POINT HEREIN DESIGNATED
POINT "A".
THE SIDE LINE OF THE ABOVE DESCRIBED STRIP OF LAND, SHALL BE
EXTENDED AND SHORTENED SO THAT SAID LINES FORM A CONTINUOUS
STRIP TERMINATING IN THE WEST IN A LINE PASSING THROUGH SAID
POINT "A" WITH A BEARING SOUTH 32°48'40" EAST.
01-0228360
PARCEL 2:
A PARCEL OF SUBMERGED LAND LYING WITHIN THE PACIFIC OCEAN
APPROXIMATELY ONE MILE SOUTH OF THE CITY OF CARLSBAD, SAN DIEGO
COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "A" OF PARCEL 1; THENCE
FORM SAID POINT "A" THE FOLLOWING TEN COURSES:
(1) SOUTH 32°48'40" EAST 432.16 FEET; (2) SOUTH 22°22'28" WEST
909.37 FEET; (3) SOUTH 67°45'09" WEST 644.59 FEET; (4) SOUTH
73°09'24" WEST 452.60 FEET ; (5) NORTH 41°00'0611 WEST 1,099.62
FEET; (6) NORTH 00°18'40" WEST 600.00 FEET; (7) NORTH 42836'15"
EAST 1,032.50 FEET; (8) SOUTH 74°46'44" EAST 452.60 FEET; (9)
SOUTH 68°52'29" EAST 598.32 FEET; THENCE (10) SOUTH 32848'40"
EAST 328.38 FEET TO THE POINT OF BEGINNING.
PARCEL " J" :
(LICENSE)
UNRECORDED DOCUMENT DATED 3/31/99
A LICENSE FOR CONDUIT CROSSING TO CROSS THE RIGHT OF WAY AND
TRACKS OF THE RAILWAY COMPANY AT THE LOCATION AND MANNER SHOWN
UPON THE PRINT ATTACHED TO THE UNRECORDED "COMBINED LICENSE,
COST AND MAINTENANCE AGREEMENT FOR THE ENCINA POWER PLANT
PRIVATE RAILROAD CROSSING CITY OF CARLSBAD, CALIFORNIA" DATED
MARCH 31, 1999, EXECUTED BY NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY
PARCEL "K":
(LICENSE)
UNRECORDED DOCUMENT DATED 3/31/99
A LICENSE FOR PIPE LINE TO CARRY OIL, GAS, FUEL, STEAM, WATER,
AIR AND AS A PEDESTRIAN WALKWAY AND VARIOUS SIZES OF CARRIER
PIPE AS ILLUSTRATED IN EXHIBIT A ATTACHED TO THE UNRECORDED
"RAILROAD RIGHT-OF-WAY LICENSE" EXECUTED BY NORTH SAN DIEGO
COUNTY TRANSIT DEVELOPMENT IN FAVOR OF THE SAN DIEGO GAS AND
ELECTRIC COMPANY DATED MARCH 31, 1999.
PARCEL "L":
(LICENSE)
A LICENSE FOR TRACK OR TRACK EXTENSION AS DESCRIBED IN THE
UNRECORDED "CONTRACT FOR INDUSTRY TRACK", EXECUTED BY ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY IN FAVOR OF SAN DIEGO GAS
AND ELECTRIC COMPANY DATED OCTOBER 30, 1953.
01-0228360
PARCEL M:
(LEASEHOLD)
THAT PORTION OF LOT H OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF BLOCK W OF PALISADES
NUMBER TWO ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE
OFFICE OF SAID COUNTY RECORDER, AUGUST 25, 1924, THENCE ALONG A
LINE COMMON TO SAID BLOCK W AND LOT H, NORTH 77°27'54" WEST,
1149.56 FEET (RECORD 1149.32 FEET PER RECORD OF SURVEY NO.
18.06) TO CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA; THENCE
SOUTH 33°30'17" EAST 4,468.33 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 22°36'12" EAST 159.25 FEET; THENCE SOUTH
67°23'48" WEST 249.00 FEET; THENCE NORTH 22°36'12n WEST, 54.50
FEET; THENCE SOUTH 67°23'48" WEST 35.84 FEET; THENCE NORTH
THENCE NORTH 52°36'46" WEST 72.30
WEST 33.88
22°36'12" WEST 191.50 FEET;
FEET; THENCE NORTH 22°36'12"
07°37'30" WEST 57.97 FEET;
FEET; THENCE SOUTH 22°36'12»
67°23'48'' EAST 6.92 FEET;
FEET; THENCE NORTH 67°23'48"
22°36'12" EAST 77.83 FEET;
FEET; THENCE NORTH 22°36'12"
67°23'48" EAST 80.00 FEET;
FEET; THENCE NORTH 67°23'48"
22°36'12" EAST 3.00 FEET;
FEET; THENCE SOUTH 22°36'12"
67°23'48" EAST 23.50 FEET;
FEET; THENCE NORTH
THENCE NORTH 67°23'48" EAST 18.50
EAST 58.38 FEET; THENCE NORTH
THENCE SOUTH 52°29'44" EAST, 35.31
EAST, 20.00 FEET; THENCE SOUTH
THENCE NORTH 67°23'48" EAST 23.00
WEST 10.33 FEET; THENCE NORTH
THENCE SOUTH 22°36'12" EAST 51.66
EAST 14.00 FEET; THENCE SOUTH
THENCE NORTH 67°23'48'
EAST 20.08 FEET;
EAST 44.75
THENCE NORTH
THENCE SOUTH 22°36'12" EAST 8.00
FEET; THENCE NORTH 67°23'48" EAST 57.75 FEET TO THE
OF BEGINNING.
TRUE POINT
PARCEL N:
(LEASEHOLD/DISCHARGE CHANNEL)
THAT CERTAIN PARCEL OF TIDE AND SUBMERGED LANDS LYING WITHIN
THE PACIFIC OCEAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER NO. 1 OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; SAID CORNER
MO. 1 BEARS NORTH 77°27'25" WEST 1,149.59 FEET FROM AN ANGLE
POINT IN THE NORTHERLY LINE OF LOT H OF SAID RANCHO AGUA
HEDIONDA; THENCE SOUTH 3 0 °17'50" EAST 3,060.36 FEET; THENCE
SOUTH 65°52'36" WEST 137.10 FEET TO A POINT ON THE ORDINARY
HIGH WATER MARK AS SURVEYED BY THE CALIFORNIA STATE LANDS
COMMISSION IN OCTOBER, 1953, SAID POINT BEING THE TRUE POINT OF
Zt>
01-0228360
BEGINNING; THENCE ALONG SAID ORDINARY HIGH WATER MARK, NORTH
21°09'41" WEST 95.13 FEET; THENCE SOUTH 65°52'36" WEST 226.46
FEET; THENCE SOUTH 24°07'24" EAST 110.00 FEET; THENCE SOUTH
65°52'36" WEST 60.00 FEET; THENCE SOUTH 24°07'24" EAST 70.00
FEET; THENCE NORTH 65°52'36" EAST 275.00 FEET TO A POINT IN SAID
ORDINARY HIGH WATER MARK; THENCE ALONG SAID ORDINARY HIGH WATER
MARK, NORTH 19°18'03" WEST 66.09 FEET AND NORTH 21°09'41" WEST
19.17 FEET TO SAID POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING LANDWARD OF THE ORDINARY
HIGH WATER MARK OF THE PACIFIC OCEAN.
PARCEL 0:
(LEASEHOLD/DREGDE SPOILS)
A STRIP OF TIDE AND SUBMERGED LAND IN THE PACIFIC OCEAN BOUNDED
ON THE NORTH EAST BY THE ORDINARY HIGH WATER MARK OF THEPACIFIC OCEAN'AND ON THE SOUTHWEST BY A LINE soo FEET SOUTHWEST
OF AND PARALLEL TO SAID ORDINARY HIGH WATER MARK AND EXTENDING
FROM THE NORTH LINE OF CARLSBAD BEACH STATE PARK AS SAID NORTH
LINE IS DESCRIBED IN DEED RECORDED IN BOOK 230, PAGE 308 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, SOUTHEASTERLY 8900 FEET.
PARCEL P:
[LEASEHOLD/JETTIES AND CHANNEL]
A STRIP OF TIDE AND SUBMERGED LAND IN AN AREA 364.00 FEET IN
WIDTH EXTENDING INTO THE PACIFIC OCEAN FROM THE ORDINARY
HIGH-WATER MARK AS ESTABLISHED BY SURVEY IN OCTOBER, 1953, THE
SIDE LINES OF WHICH LIE 197.00 FEET NORTHWESTERLY AND 167.00
SOUTHEASTERLY RESPECTIVELY, MEASURED AT RIGHT ANGLES, FROM AND
PARALLEL TO THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT WHICH BEARS SOUTH 56°18'37» EAST, A
DISTANCE OF 197.37 FEET FROM CORNER NO. 1 OF THE RANCHO AGUA
HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896;
THENCE FROM SAID POINT OF BEGINNING, SOUTH 53°05'45" WEST, A
DISTANCE OF 680.00 FEET.
PARCEL Q:
[LICENSE/RIP-RAP]
A LICENSE FOR RIGHT OF ENTRY FOR USE OF REPLACEMENT OF RIP-RAP
ALONG AGUA HEDIONDA LAGOON SHOWN IN THE "RAILROAD RIGHT-OF-WAY
LICENSE", IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A
CALIFORNIA CORPORATION LOCATED IN THE AREA SHOWN IN EXHIBIT A
OF THE LICENSE DATED MARCH 31, 1999.
7/
01-0228360
PARCEL R:
CANNON ACCESS
A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS,
UNDERGROUND UTILITIES AND INCIDENTAL PURPOSES THROUGH, OVER AND
ACROSS THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PETITION MAP THEREOF NO. 823, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896,
DESCRIBED IN THE EASEMENT GRANT DEED AND AGREEMENT EXECUTED BY
WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION, RECORDED APRIL
1, 1999 AS FILE NO. 1999-0217139 OF OFFICIAL RECORDS
PARCEL S:OPTION PARCELTHAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TOPARTITION MAP'THEREOF NO. 823, FILED IN THE OFFICE OF THECOUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY
NO. 14621 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OFSAN DIEGO COUNTY, AUGUST 14, 1994 AS FILE NO. 1994-500086, SAID
CORNER BEING ON THE WESTERLY LINE OF THE RIGHT OF WAY OF THEATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID
WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY 14621
SOUTH 28°40'19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER
OF SAID RECORD OF SURVEY NO. 14621; THENCE ALONG THESOUTHWESTERLY LINE THEREOF NORTH 76°09'49" WEST, 931.75 FEET;
THENCE NORTH 30°11'52" WEST, 237.60 FEET TO AN ANGLE POINT INSAID SOUTHWESTERLY LINE; THENCE SOUTH 77°27'18" EAST, 134.00
FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF SAID RECORDOF SURVEY NO. 14621; THENCE ALONG SAID NORTHEASTERLY LINE NORTH
72°58'27" EAST, 604.85 FEET TO THE POINT OF BEGINNING.
PARCEL T
OPTION PARCEL
THAT 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 SAN DIEGO COUNTY, NOVEMBER 16, 1896, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL A OF A
CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 22, 1995 AS FILE
NO. 1995-0532900; THENCE ALONG THE NORTHEASTERLY LINE THEREOF
SOUTH 33°44'36" EAST, 1290.81 FEET; THENCE SOUTH 71°40'52"
EAST, 1586.90 FEET; THENCE SOUTH 53°19'03" EAST, 893.14 FEET;
2.2.
01-0228360
THENCE SOUTH 64°01'56" EAST 2257.42 FEET; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 08°21'57" EAST, 182.60 FEET; THENCE
SOUTH 83°25'06" WEST, 313.69 FEET; THENCE SOUTH 62°01'07" WEST,
160.23 FEET; THENCE NORTH 76°53'47" WEST, 269.28 FEET; THENCE
SOUTH 55°39'38" WEST 381.01 FEET; THENCE SOUTH 66°59'23" WEST,
594.40 FEET; THENCE SOUTH 87°02'46"WEST, 210.53 FEET; THENCE
NORTH 64°43'30" WEST, 244.66 FEET; THENCE NORTH 74°31'19" WEST,
186.69 FEET; THENCE NORTH 17°29'43" WEST, 220.16 FEET; THENCE
NORTH 83°34'03" WEST, 514.52 FEET; THENCE NORTH 80°57'43" WEST,
209.62 FEET; THENCE NORTH 72°35'04" WEST, 308.66 FEET; THENCE
NORTH 45°17'25" WEST, 291.62 FEET; THENCE NORTH 53°58'34" WEST,
226.98 FEET; THENCE NORTH 64°17'22n WEST, 177.48 FEET; THENCE
NORTH 70°53'29" WEST, 346.91 FEET; THENCE NORTH 48°58'53" WEST
87.04 FEET TO THE NORTHEASTERLY CORNER OF CERTIFICATE OF
COMPLIANCE RECORDED NOVEMBER 1, 1985 AS FILE NO. 85-411922;
THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 72°33'23" WEST
186.00 FEET; THENCE NORTH 78°46'23" WEST, 238.00 FEET; THENCE
NORTH 66°17'23" WEST, 23.00 FEET; THENCE NORTH 89°22'23" WEST,
24.00 FEET; THENCE NORTH 57°13'53" WEST, 275.40 FEET; THENCE
NORTH 35°27'23" WEST, 430.00 FEET; THENCE NORTH 15°34'23" WEST,
252.00 FEET; THENCE NORTH 27°12'23" WEST, 168.99 FEET TO A
POINT ON THE EASTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE
HIGHWAY XI-SD-2B (1-5) ; THENCE ALONG SAID RIGHT OF WAY NORTH
11°13'43: EAST, 92.85 FEET; THENCE NORTH 03°09'38" WEST,
1172.51 FEET; THENCE NORTH 17°49'10" WEST, 59.67 FEET; THENCE
LEAVING SAID RIGHT OF WAY LINE NORTH 64°10'39" EAST, 567.13
FEET.
EXCEPTING THEREFROM THAT PORTION OF PARCEL "A" DESCRIBED IN
DOCUMENT 1995-0532900 RECORDED NOVEMBER 22, 1995; OFFICIAL
RECORDS, 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 NO. 823 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING SOUTHERLY AND EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT "H",
SAID POINT BEARS NORTH 64°01'56" WEST (NORTH 64°42' WEST, OF
RECORD) 275.00 FEET FROM "POINT 6" OF LOT "F" OF SAID MAP NO.
823; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 08°21'57"
EAST, 182.60 FEET; THENCE SOUTH 83°25'06" WEST, 313.69 FEET;
THENCE SOUTH 62°01'07" WEST, 160.23 FEET; THENCE NORTH
76°53'47" WEST, 269.28 FEET; THENCE SOUTH 55°39'38" WEST,
381.01 FEET; THENCE SOUTH 6'6°59'23" WEST, 594.40 FEET; THENCE
SOUTH 87°02'46" WEST, 210.53 FEET; THENCE NORTH 64°43'30" WEST,
244.66 FEET; THENCE NORTH 74°31'19" WEST, 186.69 FEET; THENCE
NORTH 17°29'43" WEST, 220.16 FEET; THENCE NORTH 83°34'03" WEST,
514.52 FEET; THENCE NORTH 80°57'43" WEST, 209.62 FEET; THENCE
NORTH 72°35'04" WEST, 308.65 FEET; THENCE NORTH 45°17'25" WEST,
291.62 FEET; THENCE NORTH 53°38'34" WEST, 226.98 FEET; THENCE
NORTH 64°17'22" WEST, 177.48; THENCE NORTH 70°53'29" WEST,
73
01-0228360
346.91 FEET; THENCE NORTH 48°58'53" WEST 87.04 FEET TO THE
NORTHEASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 OF
DOCUMENT NO. 85-411922 RECORDED NOVEMBER 1, 1985, OFFICIAL
RECORDS, SAID NORTHEASTERLY CORNER BEING THE NORTHERLY TERMINUS
OF A LINE THAT BEARS NORTH 23°05'05" WEST AS DESCRIBED IN SAID
PARCEL 1.
EXHIBIT "C"
LEGAL DESCRIPTION OF THE INTAKE/DISCHARGE EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmt\dec revisions to lease-easement agreement.final..doc
EXHIBIT 'C'
LEGAL DESCRIPTION
FOR
INTAKE/DISCHARGE EASEMENT AREA
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL.4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET; THENCE SOUTH 67°22'25"
WEST, 248.14 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 23°31'11"
EAST, 266.03 FEET; THENCE SOUTH 35°40'18" EAST, 664.53 FEET; THENCE
SOUTH 16°11'01" WEST, 361.48 FEET; THENCE SOUTH 72°52'19" WEST,
290.09 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 252.00 FEET; THENCE WESTERLY,
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°53'52",
179.88 FEET TO THE BEGINNING OF REVERSE CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 78.00 FEET, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH 58°01'33" EAST; THENCE WESTERLY, ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°11'26", 47.91
FEET; THENCE TANGENT TO SAID CURVE, SOUTH 67°09'52" WEST, 118.89
FEET; THENCE SOUTH 64°20'56" WEST, 256.56 FEET TO A POINT ON THE
EASTERLY LINE OF CARLSBAD BOULEVARD (FORMERLY XI-SD-23), BEING
100.00 FEET WIDE AS SHOWN ON RECORD OF SURVEY NO. 17350, SAID
POINT BEING A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND
HAVING A RADIUS OF 5216.55 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 62°54'16" WEST; THENCE NORTHERLY, ALONG SAID EASTERLY LINE
AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°54'17",
719.71 FEET; THENCE TANGENT TO SAID CURVE, ALONG SAID EASTERLY
LINE NORTH 19°11'27" WEST, 15.63 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4050.00 FEET;
THENCE NORTHERLY, ALONG SAID EASTERLY LINE AND THE ARC OF SAID
T:\SURVEY\2398\PIau\Legals\ExibC-InukeDischarge.doc July 3.2003 JG..
CURVE, THROUGH A CENTRAL ANGLE OF 01°15'55", 89.43 FEET; THENCE
LEAVING SAID EASTERLY LINE NORTH 67°31'55" EAST, 52.67 FEET; THENCE
NORTH 22°28'05" WEST, 181.42 FEET; THENCE NORTH 67°41'34" EAST,
128.22 FEET; THENCE SOUTH 22°18'2611 EAST, 40.00 FEET; THENCE SOUTH
67°41'34" WEST, 88.11 FEET; THENCE SOUTH 22°28'05" EAST, 463.52
FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY AND
HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 53°39'06" WEST; THENCE SOUTHERLY, ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 71°16'26B, 136.84 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH 34°55'31" EAST, 152.63 FEET; THENCE
SOUTH 29°45'18" EAST, 149.21 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
SOUTHERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 85°53'45", 67.46 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 64°20'56" EAST, 117.37 FEET; THENCE NORTH 67°09'52"
EAST, 119.88 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 38.00 FEET; THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°11'26",
23.34 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 292.00 FEET, A RADIAL LINE TO
SAID BEGINNING BEARS NORTH 58°01'33" WEST; THENCE NORTHEASTERLY,
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°53'52",
208.43 FEET; THENCE TANGENT TO SAID CURVE, NORTH 72°52'19" EAST,
268.52 FEET; THENCE NORTH 16°11'01" EAST, 320.45 FEET; THENCE NORTH
35°40'18" WEST, 649.34 FEET; THENCE NORTH 23°31'11" WEST, 270.91
FEET; THENCE NORTH 67°22'25" EAST, 40.00 FEET TO THE POINT OF
BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT "C-l" AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 3.803 ACRES, MORE OR LESS.
GARY L. ROS
L.S. 7019
EXPIRATION DATE
DATE
6/30/2006
T:\SURVEY\2398\Plats\Legals\EribC-IntakeDischarge-doc July 3, 2003 JO..
EXHIBIT «C-1"
MAP GENERALLY DEPICTING THE INTAKE/DISCHARGE EASEMENT AREA
data-wp8\dynegy\encina\poseidon\docurnents\cornbined lease and easement agtntVlec revisions to lease-easement agreement.final..doc
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOW
ON RECORD OF SURVEY NO. 17350, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6. NAD 83. AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
LEGEND:
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD, CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE: (619) 235-6471
^CS»^A
GARY L Hds, LS.7019
REGISTRATION EXPIRES 6/30/2006
INDICATES EXISTING PROPERTY UNE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES INTAKE/DISCHARGE EASEMENT
AREA - 3.803 ACRES, MORE OR LESS
VICINITY MAP
NO SCALE
DATE
APPLICANT:
POSEIDON RESOURCES
50t WEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
INTAKE/
DISCHARGE
EASEMENT AREA
EXHIBIT
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
Ti\SlRVEr\a398\Plots\PlotCl-lrvtal<easc«arfleShtOl.cl«g 07/07/2003 02-4»44 PM PUT
SAN DIEGO, CALIFORNIA 92101
SHEET 1 OF 3
A.P.N. 210-010-39
PARCEL 3
ROB 17350
PARCEL 4
17350
AJ&SFRAILROAD
RIGHT-OF-WAY
PARCEL 4
-J7350 PARCEL 7
ROS 17350CERTIFICATE
COMPLIANCE
PARCEL 6
ROS 17350
SC4i£ /" = 400'\
APPLICANT:
POSEIDON RESOURCES
501 VEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
INTAKE/
DISCHARGE
EASEMENT AREA
EXHIBIT
'C-V
SHEET 2 OF 3
A.P.N. 210-010-39
TASURVEY\2398\Plat5\PlatCl-In-takrDischarafSht02.cl«a 07/03/2003 08'4£i04 AK POT
PARCEL 3
ROS 17350
UNEDATA
AT&SF
RAILROAD
W-WAY
NO.
L1
12
L3
BEARING
N1911'27V
N67'31'55'E
N22"28'05"W
DISTANCE
15.63'
5257*
181.42'
CURVE DATA
PARCEL 4
ROS 17350
PARCEL 4
CERTIFICATE
OF COMPLIANCE
RECORDED
OCTOBER 3O.
FILE NO.
2OO1-O789O68
88.11
N67-41'34"E
SCALE 1" = 200'\
APPLICANT:
POSEIDON RESOURCES
501 HESTBROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CALIFORNIA 92101
INTAKE/
DISCHARGE
EASEMENT AREA
EXHIBIT•c-r
SHEET30F3
A.P.N. 210-010-39
Ti\SURVET\2398\PlatB\Plo-tCI-lntok«Dischc,r9eSh^03.ol«9 07/03/2003 OBi43«5 AM PUT
EXHIBIT MD"
LEGAL DESCRIPTION OF THE PRODUCT WATER PIPELINE EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmt\dec revisions to lease-easement agreementfinal..doc
EXHIBIT 'D'
LEGAL DESCRIPTION
FOR
PRODUCT WATER PIPELINE EASEMENT AREA
THAT PORTION OF LOT WH" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL.4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 22°37'35"WEST, 320.00 FEET; THENCE NORTH 67°22'25"
EAST, 20.00 FEET; THENCE SOUTH 22°37'35"EAST, 816.43_ FEET; THENCE
SOUTH 15°31'18" EAST, 379.90 FEET; THENCE SOUTH 29°58'25" EAST,
433.54 FEET; THENCE SOUTH 22°32'58" EAST, 191.28 FEET; THENCE SOUTH
09°39'03" EAST, 50.72 FEET; THENCE SOUTH 19°02'22" EAST, 157.35
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID SOUTHERLY LINE NORTH 82°40'44" WEST, 27.90 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 19°02'22" WEST, 147.02 FEET;
THENCE NORTH 09°39'03" WEST, 49.95 FEET; THENCE NORTH 22°32'58"
WEST, 186.83 FEET; THENCE NORTH 29°58'25" WEST, 434.98 FEET; THENCE
NORTH 15°31'44" WEST, 381.79 FEET; THENCE NORTH 22°37'35" WEST,
174.35 FEET; THENCE NORTH 20°08'20" WEST, 115.20 FEET; THENCE NORTH
22°37'35" WEST, 205.27 FEET TO THE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'D-l' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
T:\SURVEY\2398\Plats\Legals\EjubD-ProductWaierPipeline.doc July 3,2003 JG.. V •—
SAID PARCEL OF LAND CONTAINS 1.094 ACRES, MORE OR LESS.
GARY L. HSSL> DATE
L.S. 7019
EXPIRATION DATE 6/30/2006
T:\SURVEY\2398\Plats\Legals\ExibD-ProductWaterPipeline.doc July 3,2003 JG..
EXHIBIT "D-l"
MAP GENERALLY DEPICTING THE PRODUCT
WATER PIPELINE EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmtVJec revisions to lease-easement agreement.final..doc
LEGAL DESCRIPTION: LEGEND:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOWN
ON RECORD OF SURVEY NO. 17350, IN THE CITY P.O.C..
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA. P.O.B..
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, NAD 83. AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
I.E. N40'39'21"W.
INDICATES EXISTING PROPERTY LINE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES PRODUCT
WATER PIPELINE EASEMENT
AREA - 1.094 ACRES, MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD. CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDEStGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE (619) 235-6471
|\ VICINITY MAP
N NO SCALE
GARY L HUS] LS.7019
REGISTRATION EXPIRES 6/30/2006
DATE
APPLICANT:
POSEIDON RESOURCES
501 WEST BROADWA Y SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE BOO
SAN DIEGO, CALIFORNIA 92101
PRODUCT
WATER PIPELINE
EASEMENT AREA
EXHIBIT
•D-1'
SHEET 1 OF 3
A.P.N. 210-010-39
T>\SURVEY\E398\Plots\PlatDl-ProductViiter-PlpflineSht01.dwg 07/07/2003 PM PUT
PARCEL 3
ROS 17350
PARCEL 4
ROS 17350
• 54.68'
-AT&SF RAILROAD
RIGHT-OF-WAY\r
PARCEL 4
ROS 17350
PARCEL 4
CERTIFICATE ,,
RECORDED'
OCTOBER VS6. 2OO1
FILE NO.
v>; /
PARCEL 7
ROS 17350
/ f/ /i I
I
P.O.C.
PARCEL 5
ROS 17350
/" - 400'\
APPLICANT:
POSEIDON RESOURCES
501 WEST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SW7F 800
SAN DIEGO, CALIFORNIA 92101
PRODUCT
WATER PIPELINE
EASEMENT AREA
EXHIBIT
SHEET20FJ
A.P.N. 210-010-39
T.\SURWEY\a398\PI<iti\PlQtDl-Pro<iuc-tViiterPiprtineSntOajwg 07/03/2003 08.4S30 AM PDT
PARCEL 3
ROS 17350
LINE DATA
NO.
L1
12
L3
L4
L5
L6
17
LB
L9
L10
L11
L12
L13
BEARING
N15'31'18'W
N29'58'25'W
N22'32'58'W
N09'39'03"W
N19V2'22"W
N82'40'44'W
M9"02'22"^
N09"39'o3~w
N22t32'58'W
N29'58'25"W
N22'37'35'W
N20V8'20°W
N22'37'35'W
DISTANCE
379.90'
433.54'
191.28'
50.72'
157.35'
27.90'
147.02'
49.95'
186.83'
434.98'
174.35'
115.20'
205.271
PARCEL 4
ROB 17350
SEE SHEET 4 OF 4
FOR DATA TABLES
N22'37'35"W
320.00 .54.68'
P.O.B
AT&SF RAILROAD
RIGHT-OF-WAY
^
V
\
SCALE 1' = 300
PARCEL 4
ROS 17350
PARCEL 4
CERTIFICATE
OF COMPLIANCE
RECORDED
OCTOBER\ 3p, 2OO.1
FILE ^ffO. ^<'-'
2OO1-O789OO8
PARCEL 7
ROS 17350
\
APPLICANT:
POSEIDON RESOURCES
501 WEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
\ \ TS. V\ \ -i*!!
\\*H
,Jl
PRODUCT
WATER PIPELINE
EASEMENT AREA
EXHIBIT
•D-1'
SWEETJCFJ
A.P.N. 210-010-39
Ti\SURVEr\2398\Plnts\PlotDl-ProductVaterPlp«tineSK-t03.dwo 07/03/2003 AH PDT
EXHIBIT "E"
LEGAL DESCRIPTION OF THE ELECTRICAL LINE EASEMENT AREAS
data-wp8\dynegy\encina\poseidon\documenls\combined lease and easement agmt\dec revisions to lease-easement agreement.final.doc
EXHIBIT 'E'
LEGAL DESCRIPTION
FOR
ELECTRICAL LINE EASEMENT AREAS
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL- 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET; THENCE SOUTH 67°22'25"
WEST, 248.14 TO THE POINT OP BEGINNING; THENCE SOUTH 23°31'11"
WEST, 266.03 FEET; THENCE SOUTH 35°40'18" EAST, 664.53 FEET; THENCE
SOUTH 16°11'01" WEST, 361.48 FEET; THENCE SOUTH 72°52'19" WEST,
290.09 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 252.00 FEET; THENCE WESTERLY,
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°53'52",
179.88 FEET TO THE BEGINNING OF REVERSE CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 78.00 FEET, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH 58°01'33" EAST; THENCE WESTERLY, ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°11'26", 47.91
FEET; THENCE TANGENT TO SAID CURVE, SOUTH 67°09'52" WEST, 118.89
FEET; THENCE SOUTH 64°20'56" WEST, 256.56 FEET TO A POINT ON THE
EASTERLY LINE OF CARLSBAD BOULEVARD (FORMERLY XI-SD-23), BEING
100.00 FEET WIDE AS SHOWN ON RECORD OF SURVEY NO. 17350, SAID
POINT BEING A POINT ON A NON- TANGENT CURVE, CONCAVE EASTERLY AND
HAVING A RADIUS OF 5216.55 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 62°54'16" WEST; THENCE NORTHERLY, ALONG SAID EASTERLY LINE
AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°19'06",
211.09 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 60°14'42"
EAST, 86.85 FEET; THENCE SOUTH 29°45'18" EAST, 135.86 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A
RADIUS OF 45.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY, ALONG
T:\SURVEY\2398\Hats\Legals\ExibE-Ele«ricalLines.doc July 3. 2003 JG..
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°53'45", 67.46
FEET; THENCE TANGENT TO SAID CURVE, NORTH 64°20'56" EAST, 117.37
FEET; THENCE NORTH 67°09'52" EAST, 119.88 FEET TO THE BEGINNING OF
A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
38.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 35°11'26 23.34 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 292.00
FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 58°01'33" WEST;
THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 40053'52", 208.43 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 72°52'19" EAST, 268.52 FEET; THENCE NORTH 16°11'01"
EAST, 234.48 FEET; THENCE SOUTH 67°30'13" WEST, 478.88 FEET; THENCE
NORTH 22°59'30" WEST, 83.39 FEET; THENCE NORTH 67°00'30" EAST,
20.00 FEET; THENCE SOUTH 22°59'30" EAST, 63.56 FEET; THENCE NORTH
67°30'13" EAST, 475.07 FEET; THENCE NORTH 16°11'01" EAST, 60.35
FEET; THENCE NORTH 35°40'18" WEST, 649.34 FEET; THENCE NORTH
23°31'11" WEST, 23.41 FEET; THENCE SOUTH 70003'19" WEST, 97.14
FEET; THENCE SOUTH 74°50'20" WEST; 184.47 FEET; THENCE SOUTH
68°24'19" WEST, 80.60 FEET; THENCE NORTH 23°31'11" WEST, 20.01
FEET; THENCE NORTH 68°24'19" EAST, 82.40 FEET; THENCE NORTH
74°50'20" EAST, 184.75 FEET; THENCE NORTH 70°03'19" EAST, 95.06
FEET; THENCE NORTH 23°31'11" WEST, 227.46 FEET; THENCE NORTH
67°22'25" EAST, 40.00 FEET TO THE POINT OP BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'E-l' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL .DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 2.778 ACRES, MORE OR LESS.
GARY L.-"HUS
L.S. 7019
EXPIRATION DATE
DATE
6/30/2006
T:\SURVEY\2398\Plats\Legals\ExibE-EiectricalLines.doc July 3.2003 JG..
EXHIBIT "E-l"
MAP GENERALLY DEPICTING THE ELECTRICAL LINE EASEMENT AREAS
data-wp8\dyncgy\encina\poseidon\documents\combined lease and easement agmlVdec revisions to lease-easement agreement.fina!..doc
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOWN
ON RECORD OF SURVEY NO. 17350. IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO. STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWNG
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, NAD 83. AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
/.£ N40'39'21"W.
LEGEND:
INDICATES EXISTING PROPERTY LINE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES NORTH
TRANSMISSION LINE EASEMENT
AREA m 2.778 ACRES, MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD, CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
ONE: (619)235-6471
N
VICINITY MAP
NO SCALE
GARY L HUS? LS.7019
REGISTRATION EXPIRES 6/30/2006
7/fyt& \^AwT Wonss^l ELECTRICAL LINE
EASEMENT AREAS
APPLICANT:
POSEIDON RESOURCES
501 VEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
EXHIBIT
«E-1*
SHEET 1 OF 3
A.P.N. 210-010-39
Ti\SURVCY\2398\Plats\Pl«tEt-El«ctrlci>LUnesSlvtOI.d»a 07/07/2003 PM PDT
PARCEL 3
ROS 17350
PARCEL 4
ROS 17350
AT&SF RAILROAD
R/GHT-OF-l
PARCEL 7
ROS 17350
CERTIFICATE
COMPLIANCE
RECORDED
OCTOBER
O789O68,
PARCEL 5
ROS 17350
SCALE 1" = 400'
ELECTRICAL LINE
EASEMENT AREAS
APPLICANT:
POSEIDON RESOURCES
501 WEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
EXHIBIT
•E-1*
SHEET20F3
A.P.N. 210-010-39
T.\SURVEY\a398\PlotsNPIotEl-EI»ctriciilLine»Shtoa.d«B 07/03/8003 OBi58£4 AM PDT
PARCEL 3
R08 17350
RAILROAD
RIGHT-OF-WAY
PARCEL 4
17350
R-5216.55'
0-fl!27$Y»;L-211.09'R-78.00' „
D=3511'26'L>*47.9r
SCALE 1" = 200'
ELECTRICAL LINE
EASEMENT AREAS
APPLICANT:
POSEIDON RESOURCES
501 *EST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
EXHIBIT
•E-1'
SHEET 3 OF 3
A.P.N. 210-010-39
Ti\SURVEV\2398\Plo-ts\Ploit:i-Drc:tricolLinesSht03.d«a 07/03/2003 09<«S52 ftH PET
EXHIBIT "F"
LEGAL DESCRIPTION OF THE TRANSFORMER EASEMENT AREAS
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmtVdec revisions to lease-easement agreement.final..doc
EXHIBIT 'Ff
LEGAL DESCRIPTION
FOR
TRANSFORMER EASEMENT AREAS
NORTH TRANSFORMER EASEMENT
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET; THENCE SOUTH 67°22'25"
WEST, 248.14; THENCE SOUTH 23°31'11" EAST, 253.41 FEET; THENCE
SOUTH 66°28'49" WEST, 452.02 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 66°28'49" WEST, 20.00 FEET; THENCE NORTH 23°31'11" WEST,
83.00 FEET; THENCE NORTH 66°28'49" EAST, 32.66 FEET; THENCE SOUTH
85°34'35" EAST, 44.53 FEET; THENCE SOUTH 23°31'11" EAST, 56.13
FEET; THENCE SOUTH 66°28'49" WEST, 52.00 FEET; THENCE SOUTH
23°31'11" EAST, 6.00 FEET TO THE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT *F-1' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.121 ACRES, MORE OR LESS.
T:\SURVEY\2398\Plats\Legals\ExibF-Transformer.doc July 3,2003 JG..
SOUTH TRANSFORMER EASEMENT
THAT PORTION OF LOT "H" OF RANCHO
CARLSBAD, COUNTY OF SAN DIEGO, STA1!
PARTITION MAP THEREOF NO. 823 AS
COMPLIANCE RECORDED OCTOBER 30,
0789068, PARCEL 4, MORE PARTICULARLY
COMMENCING AT THE MOST SOUTHERLY
BEING A POINT ON THE WESTERLY LINE
OF-WAY OF THE ATCHISON TOPEKA AND
THE MOST SOUTHEASTERLY CORNER OF P.
SURVEY NO. 17350; THENCE ALONG SAID
WEST, 1763.84 FEET; THENCE LEAVING
ANGLES, SOUTH 67029'47W WEST, 54.6£
WEST, 288.14 FEET; THENCE SOUTH 23°3
SOUTH SS^O'lS" EAST, 649.34 FEET;
85.97 FEET; THENCE SOUTH 67°30'13"
22°59'30" WEST, 83,39 FEET TO THE
67°00'30" WEST, 18.53 FEET; THENCE
FEET; THENCE NORTH 67°00'30rl EAS1
22°59'30" EAST, 75.00 FEET; THENCE &
TO THE POINT OF BEGINNING.
CORNER OF SAID PARCEL 4, ALSO
DF THE 100.00 FOOT WIDE RIGHT-
SANTA FE RAILROAD, ALSO BEING
tflCEL 4 AS SHOWN ON RECORD OF
WESTERLY LINE, NORTH 22°30'13W
SAID WESTERLY LINE AT RIGHT
FEET; THENCE SOUTH 67°22'25"
'11" WEST, 270.91 FEET; THENCE
THENCE SOUTH 16°11'01" WEST,
WEST, 478.88 FEET; THENCE NORTH
POINT OF BEGINNING; THENCE SOUTH
NORTH 22°59'30" WEST, 75.00
75.00 FEET; THENCE SOUTH
)UTH 67°00'30" WEST, 56.47 FEET
ATTACHED HERETO IS A PLAT LABELED
REFERENCE MADE A PART THEREOF.
GRID DISTANCES. TO COMPUTE
DISTANCES BY 0.999963440. ALL
BASED UPON CALIFORNIA COORDINATE
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.129 A
GARY L. HUS
L.S. 7019
EXPIRATION DATE
DATE
6/30/2006
T:\SURVEY\2398\Plats\Legals\ExibF-Transformer.doc July 3.2003 JG..
AGUA HEDIONDA IN THE CITY OF
E OF CALIFORNIA, ACCORDING TO
DESCRIBED IN CERTIFICATE OF
001, AS DOCUMENT NO. 2001-
DESCRIBED AS FOLLOWS:
EXHIBIT 'F-2' AND BY THIS
AtL DISTANCES SHOWN HEREON ARE
GRDUND DISTANCES, DIVIDE GRID
BEARINGS SHOWN HEREON ARE GRID
SYSTEM ZONE 6, ADJUSTMENT, NAD-
:RES, MORE OR LESS.
F-
EXHIBIT "F-l"
MAP GENERALLY DEPICTING THE NORTHERN PART OF THE TRANSFORMER
EASEMENT AREAS
data-wp8\dynegy\encina\poseidonVdocuments\combined lease and easement agmtVdec revisions to lease-easement agreement. finaLdoc
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOWN
ON RECORD OF SURVEY NO. 17350, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6. NAD 83, AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
I.E. N40'39'21"W.
LEGEND:
INDICATES EXISTING PROPERTY UNE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES NORTH
TRANSFORMER EASEMENT
AREA = 0.121 ACRES, MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD, CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE: (619)235-6471
VICINITY MAP
NO SCALE
GARY LHUS7 LS.7019
REGISTRATION EXPIRES 6/30/2006
DATE
APPLICANT:
POSEIDON RESOURCES
501 1VEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDEStGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
NORTH
TRANSFORMER
EASEMENT AREA
EXHIBIT
fF-1f
SWEET/ OF3
A.P.N. 210-010-39
T.\SURVEY\S39a\Pldts\Plotri-T/-aosfornerlMorthShtl)l.clwa 07/07/3003 OSSO'CM PM PDT
100
PARCEL 3
ROS 17350
PARCEL 4
ROS 17350
AT&SF RAILROAD
RIGHT-OF-WAY
PARCEL 4
ROB 17350
PARCEL 4
PARCEL 7
ROS 17350
PARCEL 6
ROS 17350
SCALE 1" « 400'
APPLICANT:
POSEIDON RESOURCES
SOI V£STBROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
NORTH
TRANSFORMER
EASEMENT AREA
EXHIBIT
•F-1f
SHEET20F3
A.P.N. 210-010-39
TASURVEY\S3»B\PlQii\Platn-TransFarn«rNorthShtOe.d«o 07/03/2003
10.1
I
PARCEL 4
FiOS 17350
PARCEL 4
CERTIFICATE
OF COMPLIANCE
RECORDED
OCTOBER 30. 2OO1
FILE NO.
2OO1-O789O68
N66"28'49"E
52.00'
N23'31'11"W
6.00'
SCALE 1" = 50'
APPLICANT:
POSEIDON RESOURCES
501 9€ST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CAUFORNIA 92101
NORTH
TRANSFORMER
EASEMENT AREA
EXHIBIT
•F-1f
SHEET JOF3
A.P.N. 210-010-39
Ti\SURVEY\2398\Plats\Plotri-TronafornrrNor-thSht03.dw8 07/03/2003 09J7C4 AH PUT
109*
EXHIBIT "F-2"
MAP GENERALLY DEPICTING THE SOUTHERN PART OF THE TRANSFORMER
EASEMENT AREAS
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmtVlec revisions to lease-easement agreement.final-doc
I0S>
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068. AND AS SHOWN
ON RECORD OF SURVEY NO. 17350. IN THE CITY
OF CARLSBAD. COUNTY OF SAN DIEGO. STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6. NAD 83. AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271.
/.£ N40'39'21''W.
LEGEND:
INDICATES EXISTING PROPERTY LINE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES SOUTH
TRANSFORMER EASEMENT
AREA = 0.129 ACRES. MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD. CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CALIFORNIA 92101
PHONE: (619) 235-6471
VICINITY MAP
NO SCALE
GARYLHUS, LS.7019
REGISTRATION EXPIRES 6/30/2006
DATE
APPLICANT:
POSEIDON RESOURCES
501 KST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
SOUTH
TRANSFORMER
EASEMENT AREA
EXHIBIT
«F-2f
SHEET 1 OF 2
A.P.N. 210-010-39
T>\SURVEY\2398\Plats\Platr2-TronsPornerSouthShtOL.dwfl 07/07/EOQ3 0330-39 PH PDI
UHEMTA
PARCEL 3
ROB 17350
NO.
LI
12
L3
14
L5
BEARING
N22'59'30'W
N67W'30"E
N22"59'X"W
N67W'30"E
N67W30"E
DIST
83.39'
18.531
75.00'
75.00'
56.47'
PARCEL 4
ROS 17350
N67?9'47"E
54.68'
AT&SF RAILROAD
RIGHT-OF-WAYPARCEL 4 ^«2^
CERTIFICATE
,OF COMPLIANCE
RECORDEDv --
OCTOBER 3O. 2OO1
\\ FILE NO.
PARCEL 7
ROS 173502001-0789068
N16-11'01"E
85.9T
PARCEL 5
17350
APPUCANT:
POSEIDON RESOURCES
501 VEST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESfGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
SOUTH
TRANSFORMER
EASEMENT AREA
EXHIBIT
•F-2'
SHEET20F2
A.P.H. 210-010-39
T.\SURVEr\E398\Plats\PlQtF2-TransForncrSouthShtOe.d«8 07/03/2003
EXHIBIT "G"
LEGAL DESCRIPTION OF THE SUBSTATION EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmt\dec revisions to Icase-easemenI agreemenLfinaL.doc
EXHIBIT 'G'
LEGAL DESCRIPTION
FOR
SUBSTATION EASEMENT AREA
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30*'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET; THENCE SOUTH 67°22'25"
WEST, 248.14; THENCE SOUTH 23°31'11" EAST, 153.41 FEET TO THE POINT
OP BEGINNING; THENCE NORTH 66°28'49" EAST, 75.00 FEET; THENCE SOUTH
23031'lln EAST, 100.00 FEET; THENCE SOUTH 66°28'49" WEST, 75.00
FEET; THENCE NORTH 23°31'11" WEST, 100.00 FEET TO THE POINT OF
BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT XG-1' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.172 ACRES, MORE OR LESS.
GARY L. TKJS
L.S. 7019
EXPIRATION DATE
DATE
6/30/2006
T:\SURVEY\2398\Plats\Legals\ExibG-SubStation.doc July 3,2003 JG..
EXHIBIT "G-1"
MAP GENERALLY DEPICTING THE SUBSTATION EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documents\combined lease and easement agmtVkc revisions to lease-easement agreementfinaLdoc
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOWN
ON RECORD OF SURVEY NO. 17350, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6. NAD 83. AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
I.E. N40'39'21'W.
LEGEND:
INDICATES EXISTING PROPERTY LINE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES SUBSTATION EASEMENT
AREA = 0.172 ACRES. MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD, CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE: (619) 235-6471
|\ VICINITY MAP
N NO SCALE
CARYL HUS] LS.7019
REGISTRATION EXPIRES 6/30/2006
DATE
APPLICANT:
POSEIDON RESOURCES
501 VEST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
SUBSTATION
EASEMENT AREA
EXHIBIT•G-r
SWEET; OF2
A.P.N. 210-010-39
T.\SURVEV\S39B\Plats\PlotGl-SubSto1ionShtlJlxi«fl 07/07/2003 OZ5|i04 PM PDT
LINE DATA
PARCHL 3
ROS 17350
NO.
U
L2
L3
14
BEARING
N67'22'25mE
N23-31'11'W
N66"28'49"E
N23'31'11'W
DIST
24&14'
153.41'
75.00'
100.00'
PARCEL 4
17350
AT&SF RAILROAD
RIGHT-OF-WAY
PARCEL 4
ROS 17350 PARCEL 7
ROS 17350PARCEL 4
\CERTIFICATE OF COMPLI
\RECORDED OCTOBER^3O'./2OO1
FILE NO. ^OCt1-'d789068
//j
PARCEL 5
ROS 17350
SCALE 1" = 400'\
APPLICANT:
POSEIDON RESOURCES
50t VEST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJEC7DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CALIFORNIA 92101
SUBSTATION
EASEMENT AREA
EXHIBIT
•G-1f
SWHET* OF2
A.P.N. 210-010-39
TASURVEY\a39B\Pla*f\PlatG1-$ubStattonShtO£.d»e 07/03/2003 0*30<12 AM POT
110
EXHIBIT "H"
LEGAL DESCRIPTION OF THE SEWER/DOMESTIC WATER EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documcnls\cornbined lease and easement agmt\dec revisions to lease-easement agreemcnt.final..doc
EXHIBIT 'H'
LEGAL DESCRIPTION
FOR
SEWER/DOMESTIC WATER EASEMENT AREA
THAT PORTION OF LOT "H* OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67029'47" WEST, 54.68 FEET; THENCE SOUTH 67°22'25"
WEST, 11.67 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 22"21'34"
EAST, 62.54 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN
"PIPE LINE LICENSE" DATED MARCH 1, 1971, BY AND BETWEEN THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND SAN DIEGO GAS
AND ELECTRIC COMPANY, WHICH LICENSE GRANTS THE RIGHT TO CONSTRUCT
AND MAINTAIN A TUNNEL, PIPE AND PEDESTRIAN WALKWAY AND VARIOUS
SIZES OF CARRIER PIPE; THENCE ALONG SAID NORTHERLY LINE NORTH
67°38'26" EAST, 195.12 FEET; THENCE LEAVING SAID NORTHERLY LINE
NORTH 22°21'34" WEST, 18.01 FEET; THENCE NORTH 67°38'26" EAST,
35.00 FEET; THENCE SOUTH 22°21'34" EAST, 37.01 FEET; THENCE SOUTH
67°38'26" WEST, 15.00 FEET; THENCE SOUTH 22°21'34" EAST, 32.16
FEET; THENCE SOUTH 67°38'26" WEST, 40.78 FEET; THENCE NORTH
22°21'34" WEST, 20.00 FEET; THENCE NORTH 67°38'26" EAST, 20.78
FEET; THENCE NORTH 22°21'34" WEST, 22.16 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID "PIPE LINE LICENSE"; THENCE ALONG SAID
SOUTHERLY LINE SOUTH 67°38'26" WEST, 195.12 FEET; THENCE SOUTH
22°21'34" EAST, 6.55 FEET; THENCE SOUTH 67°38'26" WEST, 20.00 FEET;
THENCE NORTH 22°21'34" WEST, 78.00 FEET; THENCE NORTH 67°22'25"
EAST, 20.00 FEET TO THE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'H-l' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
T:\SURVEY\2398\Plats\Legals\ExibH-Sewer/DoraesticWater.doc July 3.2003 JG..
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.130 ACRES, MORE OR LESS.
_ T-~"»
GARY L. HUS
L.S. 7019
EXPIRATION DATE
DATE
6/30/2006
T:\SURVEY^398\Plats\Legals\ExibH-Sewer/DomesticWater.doc July 3, 2003 JG..* H ~~
EXHIBIT "H-l"
MAP GENERALLY DEPICTING THE SEWER/DOMESTIC WATER EASEMENT
AREA
data-wp8\dyncgy\encina\poseidon\documents\combincd lease and easement agrrrtvdec revisions to lease-easement agreement.final .doc
LEGAL DESCRIPTION:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOWN
ON RECORD OF SURVEY NO. 17350. IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA.
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6. NAD 83, AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
/.£ N40'39'21"W.
LEGEND:
INDICATES EXISTING PROPERTY UNE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES
SEWER/DOMESTIC WATER EASEMENT
AREA = 0.130 ACRES, MORE OR LESS
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD, CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE- (619) 235-6471
|\ VICINITY MAP
N NO SCALE
GARY L HUS, LS.7019
REGISTRATION EXPIRES 6/30/2006
DATE
SEWER/
DOMESTIC WATER
EASEMENT AREA
APPLICANT:
POSEIDON RESOURCES
501 VEST BROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE BOO
SAN DIEGO, CALIFORNIA 92101
T:\SURVEY\E398\Plats\PtotHl-SewerDonestlcWnterShtOW.g 07/07/B003 02<5ha7 PH. PDT
EXHIBIT
'H-1'
SWEET/ OF3
A.P.N. 210-010-39
\\6
PARCEL 3
R08 17350
PARCEL 4
ROS 17350
H6T22'25'E
11.6?
N6729'47°E
>54.68'
•AT&SF RAILROAD
RIGHT-OF-WAY
'~:-^\
\\ <~<r-^-,--^f^. —*" J.***l-'*' X v
\S>>/-'"'\>
\\PARCEL 4
17350R08 v\
PARCEL 7
17350ROS
V\>
v^-N
P.O.C./ \^
PARCEL 6
ROS 17350
r =\
SEWER/
DOMESTIC WATER
EASEMENT AREA
APPLICANT:
POSEIDON RESOURCES
501 VEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJEC7DESGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
EXHIBIT
•H-V
SHEET 2 OF 3
A.P.N. 210-010-39
TASURVEY\S39B\Plo-tj\PlatHI-Sei«rDonejticWaterSh-tOS.d»g 07/03/2003 09:53.45 AM PUT
\ \
AT&SF RAILROAD
RIGHT-OF-WAY-
PARCEL 4
FiOS YJ7350\\\ \
N67?2'25'E \ \
11.67. \
P.O.B.
N67?2'25"E2aor
LINE DATA
NO.
LI
L2
L5
L4
L5
16
17
BEARING
N22?1'34*W
N67'38'26"E
N22-21WW
N22"21'34*W
N67V8'26"E
N22"21'34'W
N22?1'34"W
DIST
18.01'
15.00'
32.16'
20.00'
20.78'
22.16'
6.55'
\l PARCEL 4
RQS 17350
SCALE 1" = 50'
PARCEL 4
FiOS -J7350 \ \
PARCEL 4.
CERTIFICATE \
OF COMPLIANCE \
RECORDED \ '
OCTOBER 3O, 2OO1
FILE NO.
ix v' \ \
2OO1-O789O68
i \ */ x v
/ \ v
/ \ x
/ \ N
/ \ \
-' \ \
SEWER/
DOMESTIC WATER
EASEMENT AREA
APPLICANT:
POSEIDON RESOURCES
501 HEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CALIFORNIA 92101
EXHIBIT
•H-1f
SWS0E7JCFJ
A.P.N. 210-010-39
Ti\SURVEY\a398\Plots\PlotHl-Se»erDontstlcWi>terSht03.d»9 07/03/2003 0*56.50 AM POT
EXHIBIT "I"
MAP GENERALLY DEPICTING THE INGRESS/EGRESS EASEMENT AREAS
data-wp8\dynegy\encina\poseidon\documems\combined lease and easement agmtVdec revisions to lease-easement agrccmcnt.final.doc
(18
! 5? w' «^ rn
t f
EXHIBIT "J"
LEGAL DESCRIPTION OF THE ACCESS AND TURN-AROUND EASEMENT AREA
data-wp8\dynegy\encina\poseidon\documems\combined lease and easement agmtNdec revisions to lease-easement agreement.finaL.doc
EXHIBIT 'J'
LEGAL DESCRIPTION
FOR
ACCESS AND TURNAROUND EASEMENT AREA
ACCESS EASEMENT
THAT PORTION OF LOT WH* OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO
BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, ALSO BEING
THE MOST SOUTHEASTERLY CORNER OF PARCEL 4 AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13"
WEST, 1763.84 FEET; THENCE LEAVING SAID WESTERLY LINE AT RIGHT
ANGLES, SOUTH 67°29'47" WEST, 54.68 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 22°37'35" WEST, 891.02 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT *A'; THENCE NORTH 67°22'25" EAST, 20.00 FEET;
THENCE SOUTH 22°37'35"EAST, 1387.45 FEET; THENCE SOUTH 15°31'18"
EAST, 379.90 FEET; THENCE SOUTH 29°58'25" EAST, 433.54 FEET; THENCE
SOUTH 22°32'58" EAST, 191.28 FEET; THENCE SOUTH 09°39'03" EAST,
50.72 FEET; THENCE SOUTH 19002'22B EAST, 157.35 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY
LINE NORTH 82°40'44" WEST, 27.90 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 19°02'22" WEST, 147.02 FEET; THENCE NORTH
09°39'03" WEST, 49.95 FEET; THENCE NORTH 22°32'58" WEST, 186.83
FEET; THENCE NORTH 29°58'25" WEST, 434.98 FEET; THENCE NORTH
15°31'44" WEST, 381.79 FEET; THENCE NORTH 22°37'35" WEST, 174.35
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHERLY, NORTHWESTERLY
AND WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 90°53'36", 71.39 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
66028'49" WEST, 675.85 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 81°26'17", 99.50 FEET; THENCE TANGENT TO SAID CURVE, NORTH
32°04'53" WEST, 93.96 FEET TO THE BEGINNING OF A TANGENT CURVE,
Gtttt.O^ fW I
T:\SURVEY\2398\Plats\Legals\ExihJ-AccessTurnaround.doc July 3. 2003 JG.. '
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 10°50'13", 8.51 FEET; THENCE TANGENT TO SAID CURVE, NORTH
42°55'06" WEST, 37.86 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 52.50 FEET; THENCE ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 69°07'13", 63.33
FEET; THENCE TANGENT TO SAID CURVE, SOUTH 67°57'41" WEST, 325.78
FEET TO A POINT ON THE EASTERLY LINE OF CARLSBAD BOULEVARD
(FORMERLY XI-SD-23), BEING 100.00 FEET WIDE AS SHOWN ON RECORD OF
SURVEY NO. 17350; THENCE ALONG SAID EASTERLY LINE NORTH 24°07'36"
WEST, 25.02 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 67°57'41n
EAST, 326.69 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 77.50 FEET; THENCE SOUTHEASTERLY,
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 69°07'13",
93.49 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 42°55'06" EAST,
40.23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 10°50'13", 8.51 FEET; THENCE SOUTH 32°04'53" EAST, 96.34
FEET TO THE BEGINNING OF A TANGENT'CURVE, CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY, ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 81°26'18", 63.96
FEET; THENCE TANGENT TO SAID CURVE, NORTH 66°28'49B EAST, 682.64
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY, ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°06'24", 69.98
FEET; THENCE TANGENT TO SAID CURVE, NORTH 22°37'35" WEST, 205.27
FEET TO THE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 1J-1' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 2.153 ACRES, MORE OR LESS.
TURNAROUND EASEMENT
THAT PORTION OF LOT WH" OF RANCHO AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823 AS DESCRIBED IN CERTIFICATE OF
T:\SURVEY\2398\Plats\Legals\E3dbJ-AccessTumaround.docJuly3,2003JG.. feTjCH • CT~ »^A
COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-
0789068, PARCEL 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT 'A', SAID POINT BEING THE
BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
80.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 67°22'25"
EAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 82°49'09", 115.64 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 80.00
FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 15°26'44" WEST;
THENCE WESTERLY, NORTHERLY, EASTERLY AND SOUTHERLY, ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 262°49'09", 366.96 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 22°37'35" EAST, 158.75 FEET;
THENCE SOUTH 67°22'25" WEST, 20.00 FEET TO THE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'J-l' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID
BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADJUSTMENT, NAD-
83, AND EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.559 ACRES, MORE OR LESS.
GARY L. HUS DATE
L.S. 7019
EXPIRATION DATE 6/30/2006
-•t-_
T:\SURVEY^398\Plats\Legals\ExibJ-AccessTurnaround.doc July 3,2003 JG.. » « • i . si
EXHIBIT "J-l"
MAP GENERALLY DEPICTING THE ACCESS AND TURN-AROUND EASEMENT
AREA
data-wp8\dynegy\cncina\poseidon\documents\combined lease and easement agmt\dec revisions to lease-easement agreemem.final..doc
LEGAL DESCRIPTION: LEGEND:
A PORTION OF PARCEL 4 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 30. 2001 AS
DOCUMENT NO. 2001-0789068, AND AS SHOm
ON RECORD OF SURVEY NO. 17350. IN THE CITY P.O.C..
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA. P.O.B..
ASSESSORS PARCEL NO:
210-010-39
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6. NAD 83, AS DETERMINED
LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL
POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271,
/.£ N40'39'21"W.
OWNER:
CABRILLO POWER I LLC
4600 CARLSBAD BOULEVARD
CARLSBAD. CALIFORNIA 92008
PHONE: (760) 268-4011
SURVEYOR OF WORK:
PROJECWESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE: (619) 235-6471
INDICATES EXISTING PROPERTY UNE
INDICATES POINT OF COMMENCEMENT
INDICATES POINT OF BEGINNING
INDICATES ACCESS EASEMENT
AREA = 2.153 ACRES, MORE OR LESS
INDICATES TURNAROUND EASEMENT
AREA - 0.559 ACRES, MORE OR LESS
COMBINED EASEMENTS
AREA = 2.712 ACRES, MORE OR LESS
VICINITY MAP
NO SCALE
GARYL HUS^LS.7019
REGISTRATION EXPIRES 6/30/2006
DATE
ACCESS
AND
TURNAROUND
EASEMENT AREA
APPLICANT:
POSEIDON RESOURCES
501 HEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECWESIGN CONSULTANTS
701 B STREET SUITE BOO
SAN DIEGO, CAUFORNIA 92101
EXHIBIT
'J-1*
SHEET 1 OF 4
A.P.N. 210-010-39
T.\.SURVEY\a39B\Plots\PlatJI-Ac«ssTurr>oroundShtO!.d»B 07/07/e003 02.51.50 PM PDT
TURNAROUND
EASEMENT
X
PARCEL 3
ROS 17350
PARCEL 4
ROS 17350
,54.68
ACCESS
EASEMENT1
•XfifcSF RAILROAD
RIGHT-OF-WAY
PARCEL 4
ROS 17350
PARCEL 4
CERTIFICATE
OF COMPLIANX
RECOUPED
-•< '
'Z'"'i i
PARCHL 7
ROS 17350
OCTOBER 2OO1
FILE NO.
2OO1-O7S9O68
PARCEL 5
ROS 17350
SCALE 1" = 400'\
ACCESS
AND
TURNAROUND
EASEMENT AREA
APPLICANT:
POSEIDON RESOURCES
501 VEST BROADffi Y SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJEC7DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CALIFORNIA 92101
EXHIBIT
•J-V
SHEET20F4
A.P.H. 210-010-J9
T.\SURVEY\2398\PlQts\PlotJl-AcccssTurnoroundShtOSJw9 07/03/3003 10.I1.E4 AM PDT
SEE SHEET 4 OF 4
FOR DATA TABLES
PARCEL 3
ROS 17350
PARCEL 4
ROS 17350
N6T29'47*E
54.68'
/17&SF RAILROAD
RIGHT-OF-WAY
PARCEL 4
HOS 17350 PARCEL 7
FiOS 17350
PARCEL 4
CERTIFICATE
OF COMPLIANCE
RECORDED
OCTOBER 3Q, 2OO.1
FILE Ht>. ^-<>'
2OO1-O789O'68
-"ACCESS
AND
TURNAROUND
EASEMENT AREA
EXHIBIT
'J-1f
PREPARED BY:APPUCANT:
POSEIDON RESOURCES PROJECTDESIGN CONSULTANTS
SHEET30F4
A.P.N. 210-010-39
701 B STREET SUITE 800501 HESTBROADWAY SUITE 840
SAN DIEGO, CALIFORNIA 92101 SAN DIEGO, CALIFORNIA 92101
T.\SURVEY\2398\Plot5\PlatJI-Accr«TurnoroundSht03xlwg 07/03/3003
LINE DATA
NO.
LI
L2
L3
14
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
US
L16
L17
LIB
L19
BEARING
N15'31'18"W
N29-58'25'W
N22'32'58'W
N09'39'03'W
N19V2'22'W
N82'40'44'W
N19V2'22"W
N09'39'03'W
N22'32'58"W
N29-58'25'W
N22'3T35'W
N32V4'53"W
N42"55'06'W
N67?7'41"E
N24'07'36'W
N67-5r41'E
N42'55'06'W
N32V4'53'W
N22'3T35"W
DISTANCE
379.90'
433.54'
191.28'
50.72'
157.35'
27.90'
147.02'
49.95'
186.83'
434.98'
174.35'
93.96'
37.86'
325.78'
25.02'
326.69'
40.23'
96.34'
205.27"
CURVE DATA
NO.
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
RADIUS
80.00'
80.00'
45.00'
70.00'
45.00'
52.50'
77.50'
45.00'
45.00'
45.00'
DELTA
82'49'09'
262'49'09'
9Q"53'X"
81"26'ir
W50'13'
69Vri3"
69Vri3'
W50'13"
81"26'18"
89-06'24'
ARC
115.64'
366.96'
71.39'
99.50'
8.51'
63.33'
93.49'
8.51'
63.96'
69.98'
ACCESS
AND
TURNAROUND
EASEMENT AREA
APPLICANT:
POSEIDON RESOURCES
501 HEST BROADWAY SUITE 840
SAN DIEGO. CALIFORNIA 92101
PREPARED BY:
PROJECTDESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CALIFORNIA 92101
EXHIBIT
fj-1f
SHEET 4 OF 4
A.P.N. 210-010-39
Ti\SURV£Y\2398\Pla-t!\PlatJI-AccMl1ur-n<iroundSh-tt».dw9 07/03/2003 10.12-37 AH PUT
EXHIBIT "D"
(Existing Development Approvals)
(a) Final EIR 03-05; Findings of Fact; Statement of
Overriding Considerations; and Mitigation Monitoring
and Reporting Program
(b) Precise Development Plan (POP 00-02);
(c) Specific Plan 144(H);
(d) Coastal Development Permit CDP 04-41;
(e) South Carlsbad Coastal Redevelopment Permit RP 05-12;
(f) Habitat Management Plan Permit HMPP 05-08;
(g) This Agreement DA 05-01; and
(h) Special Use Permit SUP 05-04.
The development approvals listed above include the approved maps and all conditions
of approval.
COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE ON
FILE IN THE CITY OF CARLSBAD CITY CLERK'S OFFICE AND THE CITY OF
CARLSBAD PLANNING DEPARTMENT AND ARE INCORPORATED HEREIN BY
REFERENCE.
DSMDB.1996157.6B
EXHIBIT "E"
(Existing Land Use Regulations)
1. City of Carlsbad General Plan as amended through Resolution No. 8307.
2. City of Carlsbad Precise Development Plan 00-02 as amended through
Ordinance No. .
3. South Carlsbad Coastal Redevelopment Plan.
4. Specific Plan 144(H), as amended through City of Carlsbad Ordinance No.
COPIES OF THE EXISTING LAND USE REGULATIONS LISTED ABOVE ARE ON
FILE IN THE CITY OF CARLSBAD CITY CLERK'S OFFICE AND THE CITY OF
CARLSBAD PLANNING DEPARTMENT AND ARE INCORPORATED HEREIN BY
REFERENCE.
DSMDB.1996157.6B
Iffi