HomeMy WebLinkAbout2003-02-11; City Council; 17078; NCTD License Agreement Cannon Court\B# 17,078
MTG. 2/11/03
3EPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE: NCTD LICENSE AGREEMENT DEPT. LD.
PUBLIC STORM DRAIN FACILITIES
CANNON COURT (CUP 99-30) CITY ATTY@
CITY-
RECOMMENDED ACTION:
Adopt Resolution No. 2003-047 authorizing the City Manager to execute the North San Diego
County Transit Development Board (NCTD) License Agreement for the construction of public storm
drain facilities related to the Cannon Court project.
ITEM EXPLANATION:
On July IO, 2001 , the City Council approved a conditional use permit for Cannon Court (CUP 99-30)
allowing for the construction of a gas station, mini-mart, hotel and two restaurants on property
generally located at the northwest corner of Cannon Road and Interstate 5 in Local Facilities
Management Zone 3.
The conditional use permit was conditioned to construct offsite public storm drain facilities within the
NCTD property. The proposed storm drain runs westerly under the railroad tracks to existing
drainage facilities.
Engineering staff has completed reviewing the grading and improvement plans for the proposed
improvements. Prior to construction of the required public improvements, a License Agreement for
the proposed storm drain system crossing under the existing railroad tracks needs to be executed
by the City. The License Agreement allows the developer to install, and the City to maintain, facilities
within the NCTD property. A copy of the agreement is attached.
FISCAL IMPACT:
The developer has paid a plancheck fee to cover the expense of planchecking of the grading and
improvement plans, and has also paid for the permit and inspection fees for the construction of the
improvements. The developer has paid all costs associated with the license agreement.
EXHIBITS:
1. Location Map.
2. Resolution No. 2003-047 authorizing the City Manager to execute the North San Diego
County Transit Development Board License Agreement.
3. License Agreement.
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EYdj e$i
RESOLUTION NO. 2003-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE LICENSE AGREEMENT
BETWEEN THE CITY AND NORTH SAN DIEGO COUNTY
TRANSIT DEVELOPMENT BOARD.
WHEREAS, conditional use permit CUP 99-30 with conditions, was approved by the
>lanning Commission on May 16, 2001, pursuant to Resolution No. 4978 and by City Council on
July 10,2001 pursuant to Resolution 2001-209; and
WHEREAS, the conditions of approval for said conditional use permit require the
:onstruction of public facilities within North County Transit Development Board property; and
WHEREAS, improvement plans for the required facilities have been reviewed by the City
md secured by West Development Inc., a Nebraska corporation, the owner; and
WHEREAS, prior to construction of the required facilities, North County Transit
Ievelopment Board requires the City to enter into a License Agreement for facilities within their
Iroperty; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
nterest to authorize the City Manager to execute said License Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia, as follows:
1. That the above recitations are true and correct.
2. That improvement plans for utilities required by said conditional use permit CUP
39-30 have been reviewed and secured and are on file with the Public Works Director.
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3. That the City Manager is authorized to execute the License Agreement
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 11th day of February ,2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: none.
ABSENT: rjone.
11 ATTEST:
Page 2 of 2 of
Resolution No. 2003- 047
(SEAL)
NCTD NO. 231.36-0902-PL-CA
APN 210-010-10
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of
the effective date of February 20 , 2003, ("Effective Date") by and between
the North San Diego County Transit Development Board ("NCTD"), and The City of
Carlsbad ("Licensee").
RECITALS
A. NCTD has policies regulating and governing the use of its Rights-of-way.
B. Licensee has applied for the issuance of a License in accordance with such
policies and NCTD has agreed to allow Licensee to use that portion of the
Right of Way identified in Exhibit A and depicted in Exhibit B ("License Area"),
subject to the terms and conditions of this Agreement.
C. Licensee agrees to be bound by the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
1. License to Use. In consideration of the covenants and conditions set forth in this
Agreement and other good and valuable consideration, NCTD licenses and permits
Licensee to construct, maintain, and use tw0.(2) 24-inch storm water pipelines
("Facility") on the License Area, subject to applicable local, state and federal law and
this Agreement.
2. Authority Not Exclusive. This License is non-exclusive. The Licensee shall
respect the rights and property of NCTD and other authorized users of the Rights-of-
way, easements, power poles, street light poles, vaults, and conduits. Except as
otherwise required by applicable law, disputes between the Licensee and parties
other than NCTD over the use, pursuant to this Agreement, of the easements, power
poles, street light poles, vaults, conduits and other rights-of-way shall be submitted
to NCTD for resolution. Licensee expressly agrees the Facility shall not interfere
with any use of the surface property.
3. Relocation. Licensee shall, at Licensee's sole expense and within one hundred
eighty (1 80) days after receiving written notice from NCTD, protect, temporarily
disconnect, relocate, or remove the Facility if NCTD determines, in its sole and
absolute discretion, that the Facility or some portion of the Facility is inconsistent or
interferes with NCTD's current or planned use of the License Area or Right-of-way.
Licensee shall commence the protection, disconnection, relocation, or removal
License Agreement Resolution No 2003-047
AB #17,078
NCTD NO. 23 I .36-0902-PL-CA
promptly after receiving notice from NCTD and shall diligently pursue and complete
such protection, disconnection, relocation, or removal within the one hundred eighty
(1 80) day period set forth above. In consideration of NCTD's agreement to enter
into this License, Licensee hereby waives any and all rights it may now have, or
hereafter obtain, to any "relocation assistance benefits" pursuant to the Federal
Uniform Relocation Assistance Act (42 U.S.C. 5 4601 et seq.), the California
Relocation Assistance law (Cal. Gov. Code 5 7260 et seq.) or any other statute that
replaces or provides rights similar to such statutes, if NCTD requires Licensee to
relocate the Facility or makes use of the Right-of-way in such a way as to 'displace'
Licensee from the License Area. Licensee, further, shall in the future execute any
further documentation of the release and waiver provided hereby as NCTD may
reasonably require.
4. Limitations on Use.
4.1 Licensee shall comply with all applicable terms, conditions and requirements of
NCTD's policies regarding rights-of-way and-other NCTD ordinances, rules.and
regulations. Licensee shall comply with all applicable laws and regulations of the
federal, state, county, local governments and all administrative agencies thereof
which may have jurisdiction over Licensee's proposed use- of the License Area
and the use, construction, and maintenance.of the Facility.
4.2Licensee shall not cause or permit any Hazardous Material to be used, stored,
transported, generated, or disposed in or about the License Area by Licensee or
Licensee's agents, employees, contractors, licensees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste
which is or becomes regulated by any local governmental entity, the State of
California, or the United States Government under any law, regulation or
ordinance regulating or controlling any Hazardous Material (the "Hazardous
Materials Laws"), including, without limitation, any material, or substance which is
(i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted
hazardous waste" under California Health and Safety Code 95 251 15, 251 17 or
25122.7, or listed pursuant to California Health and Safety Code 5 25140, (ii)
defined as a "hazardous substance" under California Health and Safety Code 3
2531 6, (iii) defined as a "hazardous material," "hazardous substance" or
"hazardous waste" under California Health and Safety Code 5 25501 (v) defined
as a "regulated medical waste" under 40 C.F.R. 5 259.1O(a) or § 259.30, (v)
petroleum or petroleum product, (vi) asbestos, (vii) designated as a "hazardous
substance" pursuant to 5 31 1 of the Federal Water Pollution Control Act (33
U.S.C. 5 1317), (ix) defined as a "hazardous waste" pursuant to 5 1004 of the
Federal Resource Conservation and Recovery Act, 42.U.S.C. 5 6901, et seq. (42
U.S.C. 5 6903), or (x) defined as a "hazardous substance" pursuant to 5 101 of
the Comprehensive Environmental Response Compensation and Liability Act, 42
U.S.C. 5 9601 et seq. (42 U.S.C. 5 9601).
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NCTD NO. 23 1.36-0902-PL-CA
4.3No use, construction, or maintenance by Licensee or on Licensee's behalf on the
License Area will interfere with any railroad operations on the Right-of-way.
4.4Licensee shall not cross or permit the crossing over of the railroad tracks on the
Right-of-way except at public crossings approved by the California Public
Utilities Commission.
4.5Licensee shall not leave any personal property or equipment on the Right-of-way
unattended at any time.
4.6Licensee shall not install or use any underground storage tanks on the License
Area.
5. hsurance. Licensee, at Licensee's sole cost and expense, shall procure and
maintain the following insurance:
5.1 General Liability.
a. Coverage for commercial general liability shall be at least as broad as
Insurance Services Office Commercial General Liability-Coverage
(Occurrence Form CG 0001).
b. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence
for bodily injury, personal injury and property damage. If Commercial General
Liability insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply to the Right-of-way (with the IS0 CG
2503, or IS0 CG 2504, or insurer's equivalent endorsement provided to
NCTD) or the general aggregate limit shall be twice the required occurrence
limit.
c. The policy shall cover bodily injury (including death) and property damage
liability, owned and non-owned equipment, and blanket contractual liability.
d. All policy or endorsement limitations relating specifically to operations on or
near railroad property or track shall be eliminated.
5.2Automobile Liability.
a.
b.
Coverage for automobile liability insurance shall be at least as broad as
Insurance Services Office Automobile Liability Coverage (Form CA OOOl),
covering Symbol 1 (any auto).
Limits for shall be not less than one million dollars ($1,000,000) for bodily
injury and property damage each accident limit.
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NCTD NO. 23 1.36-0902-PL-CA
c. The insurance shall indemnify against loss from liability imposed by law for
damages on account of bodily injury, property damage, and personal injury.
The automobile liability policy shall cover all owned, non-owned, and hired
automobiles.
5.3 Licensee shall cover or insure under the applicable laws relating to workers'
compensation insurance, all of their employees working on or about the Right-of-
Way, all in accordance with the "Workers' Compensation and Insurance Act,"
Division 1V of the Labor Code of the State of California and any Acts amendatory
thereof. Licensee shall provide employers liability insurance in the amount of not
less than one million dollars ($1,000,000) per accident for bodily injury and
disease. By hidher signature hereunder, Licensee certifies that it is aware of the
provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and it will comply
with such provisions in connection with any work performed on the Site. Any
persons providing services with or on behalf of Licensee shall be covered,by
workers' compensation (or qualified self-insurance).
5.4The general liability and automobile liability policies are to contain, or be
endorsed to contain the following provisions:
a. NCTD, its directors, officers, employees, contractors, agents or authorized
volunteers are to be named as additional insureds as respects liability arising
out of Licensee's operations and activities or automobiles owned, leased,
hired or borrowed by Licensee. The coverage shall contain no special
limitations on the scope of protection afforded to NCTD, its directors, officers,
employees, agents or authorized volunteers.
b. For any claims arising from Licensee's operations or activities, Licensee's
insurance shall be primary insurance to NCTD, its directors, officers,
employees, contractors, agents or authorized volunteers. Any insurance,
self-insurance or other coverage maintained by NCTD, its directors, officers,
employees, agents or authorized volunteers shall not contribute to it.
c. Any failure to comply with reporting or other pr.ovisions of the policies
including breaches of warranties shall not affect coverage provided to NCTD,
its directors, officers, employees, contractors, agents or authorized
volunteers.
d. Licensee's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5.5All of the insurance shall be provided on policy forms and through companies
reasonably satisfactory to NCTD.
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NCTD NO. 23 1.36-0902-PL-CA
5.6lnsurance is to be placed with insurers having a current A.M. Best rating of no
less than A-, VI1 or equivalent or as otherwise approved by NCTD.
5.7Prior to execution of this License, Licensee shall file with NCTD a certificate of
insurance signed by the insurer‘s representative. Such evidence shall also
include confirmation that coverage includes or has been modified to include
required provisions as set forth in section 5.4. Licensee shall, upon the
reasonable demand of NCTD, deliver to NCTD such policy or policies of
insurance. Each insurance policy required by this clause shall state or be
endorsed to state that coverage shall not be amended or canceled, except after
thirty (30) days prior written notice by U.S. mail has been given to NCTD.
5.8 Every contractor or subcontractor of Licensee entering upon, using, or
performing any work upon the Right-of-way by or on behalf of Licensee shall
provide evidence of insurance required under this section 5 prior to entering upon
the Right-of-way.
5.9NCTD reserves the right to increase the limits for the insurance required by this
section 5 to amounts recommended by NCTD’s insurance risk manager or *
insurance representative.
5.1 ONotwithstanding any other provision of this License, Licensee may self-insure
for any risk set forth in this Section 5 in the manner and to the extent that
Licensee self-insures for similar risks with respect to its operations, equipment,
and property. The manner in which such self-insurance is provided and the
extent of such self-insurance shall be set forth in a Certificate of Self Insurance,
delivered to NCTD and signed by an authorized representative of Licensee,
which full describes the self-insurance program and how the program covers the
risks set forth in this Section 5. Insurance provided by a joint powers agency
insurance pool shall be considered self-insurance for the purposes of this
paragraph. If, at any time during the term of this License, Licensee elects not to
self-insure, Licensee shall comply with all applicable provisions of this Section 5
to the extent that Licensee does not so self-insure.
6. Indemnification. Licensee agrees to protect, save, defend, and hold harmless
NCTD and its Board and each member of the Board, the San Diego Northern
Railroad, the National Railroad Passenger Corporation (“AMTRAK), the Southern
California Regional Rail Authority (“SCRRA or “Metrolink”), and the Burlington
Northern Santa Fe Railway Company (“BNSF”), their officers, agents and employees
from any and all liability or claim of liability, loss or expense, including defense costs
and legal fees and claims for damages of whatsoever character, nature and kind,
whether directly or indirectly arising from or connected with an act or omission of
Licensee, or any employee, agent, invitee, or contractor of Licensee, or other person
acting by or on behalf of Licensee on or about the Right-of-way, including, but not
limited to, liability, expense, and claims for bodily injury, death, personal injury, or
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NCTD NO. 23 1.36-0902-PL-CA
property damage; provided, however, that nothing herein shall relieve any party
indemnified hereunder from liability to the extent that such liability arises from such
party's sole established negligence or willful misconduct. The requirements as to the
types and limits of insurance coverage to be maintained by Licensee as required by
section 5, and any approval of such insurance by NCTD, are not intended to and
shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by Licensee pursuant to this Agreement, including but not limited to the
provisions concerning indemnification.
7. Construction.
7.1 Any work performed or caused to be performed by Licensee on the License Area
shall be performed (a) at Licensee's sole cost and expense; (b) in accordance
with any and all applicable laws, rules and regulations (including the NCTD's
rules and regulations) and (c) in a manner that is satisfactory to NCTD and which
meets or exceeds the then applicable standards of the industry for such work.
7.2Licensee shall submit to NCTD for review and approval prior to commencement
of any construction drawings, specifications, and other construction documents
describing any proposed work in the License Area in sufficient detail to enable
NCTD to determine the scope and nature of the proposed work and the potential
effect of such work on the Right-of-way and train operations. NCTD may
approve or disapprove any work in NCTD's sole and absolute discretion, and
NCTD may require such changes or impose such conditions as NCTD, in its sole
and absolute discretion, deems necessary or appropriate.
7.3Every individual who will be entering upon the License Area or Right-of-way
under this Agreement, before entering, shall first obtain a Right of Entry Permit
from NCTD. The Right of Entry Permit may require, among other things, that all
persons entering the License Area first attend a class conducted by NCTD or
NCTD's designee on Railroad Worker Protection Safety rules and regulations,
that no person enter upon or use the License Area until flag protection has been
provided, that Licensee take appropriate steps to protect the railroad facilities,
that Licensee reimburse NCTD for all costs and expenses incurred by NCTD in
connection with the foregoing and with NCTD's review, processing, and
inspection of any work performed by or for Licensee on the License Area,
including an NCTD administrative fee, and that Licensee deposit with NCTD such
amounts as NCTD determines to be necessary to cover the reimbursable costs
and expenses prior to any entry upon the License Area.
8. Reimbursement of NCTD. Licensee shall reimburse NCTD, within 30 days of
invoice, for all cost and expense incurred by NCTD in connection any work
performed by or for Licensee on the License Area. These costs include, but are not
limited to, NCTD staff time and consultants fees for the expenses of reviewing
construction documents, conducting railroad safety training, marking out of railroad
facilities, inspections, security, flag protection, the installation and removal of false
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NCTD NO. 23 1.36-0902-PL-CA
work beneath tracks, equipment rentals, and restoration of the Right-of-way to the
same condition as when Licensee entered thereon. Upon execution of this License,
Licensee shall deposit with the NCTD the amount determined by NCTD to be the
probable amount of reimbursable expenses. NCTD may deduct the costs and
expenses from the deposit as such costs and expenses are incurred. Costs of
services provided by NCTD employees will be charged attthe employees' fully
loaded productive hourly rates (monthly salary and benefits divided by 150 hours).
Services provided by NCTD consultants, equipment rentals, and other third party
costs will be charged at cost plus a 7.2% administrative fee. Upon demand by
NCTD, Licensee shall make any additional deposits that NCTD determines are
necessary to reimburse NCTD for the costs and expenses incurred by NCTD. In the
event that the costs and expenses incurred by NCTD exceed the amounts
deposited, Licensee shall reimburse NCTD for all such costs and expenses within 30
days of invoice.
9. Maintenance and Repair. Licensee shall, at Licensee's sole expense, maintain the
Facility and License Area in a condition satisfactory to NCTD and in accordance with
applicable governmental codes. Licensee shall be responsible for any citations
issued by any agency having jurisdiction as a result of Licensee's failure to comply
with any applicable law, regulation, ordinance, rule, or order.
10. Taxes. Nothing contained in this Agreement shall be construed to exempt the
Licensee from any tax levy or assessment which is or may be hereafter lawfully
imposed. Notice is hereby given pursuant to Revenue and Tax Code Article 107.6
that this License may create a property interest subject to property taxation and may
subject Licensee to the payment of property taxes levied on such interest.
7I.Defaulf; Termination. In the event that Licensee fails to perform any obligation
under this Agreement, Licensee shall pay all costs and expenses incurred by NCTD
in obtaining performance of such obligations, including costs of suit and reasonable
attorney's fees. If Licensee uses the Right-of-way for any purpose not expressly
authorized by this Agreement or fails to act strictly in accordance with the terms and
conditions of this Agreement, and if such default is not corrected within 30 days'
notice from NCTD to Licensee, NCTD may terminate this Agreement and prevent
Licensee from using or remaining upon the Right-of-way. If NCTD determines that
any default by Licensee does or has the potential to cause a danger to the Right-of-
Way or railroad operations, NCTD may immediately and without prior notice to
Licensee terminate this Agreement and prevent Licensee from using or remaining
upon the Right-of-way, with or without process of law. Unless NCTD specifies
otherwise in writing, upon termination of this Agreement, Licensee shall, at
Licensee's sole expense, remove the Facility and all other Licensee improvements in
or upon the Right-of-way and restore the Right-of-way in a manner satisfactory to
NCTD. Should Licensee fail or refuse to comply with the terms of this section;
NCTD may, at its option, perform such work, and Licensee shall reimburse NCTD for
all costs and damages so incurred.
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NCTD NO. 23 1.36-0902-PL-CA
12. Service of Notice. Except as otherwise provided in this Agreement, any notice
required or permitted to be given hereunder shall be in writing and may be given by
personal delivery or by certified or registered mail, and shall be deemed sufficiently
given if delivered or addressed to Licensee at the address listed below the
Licensee's signature or to NCTD at North San Diego County Transit Development
Board, 810 Mission Avenue, Oceanside, CA 92054, Attention: Manager of Real
Estate. Mailed notices shall be deemed given upon actual receipt at the address
required, or forty-eight hours following deposit in the mail, postage prepaid,
whichever first occurs. Either party may by notice to the other specify a different
address for notice purposes.
13. Vibration and Noise From Train Operation; Barricades. Licensee recognizes
and acknowledges that railroad tracks are located on or adjacent to the License
Area, and that the operation of trains over the tracks does and will produce
vibrations which may affect the Facility and Licensee's use of the License Area.
With knowledge and understanding of these facts, Licensee by execution of this
Agreement, agrees that no legal action or complaint of any kind whatsoever shall be
instituted against NCTD by Licensee or on Licensee's behalf as a result of vibrations
or as a result of the use of the railroad tracks in .general.
14. Laws, Venues, and Attorneys' Fees. This Agreement shall be interpreted in
accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement, the action shall be brought in a state
or federal court situated in the County of San Diego, State of California. In the event of any claim, legal action or proceeding between the parties arising under or
concerning this License, the prevailing party shall be entitled to reasonable
attorneys' fees and expenses as part of the judgment resulting therefrom.
15.Acceptance of License Area. Licensee accepts the License Area in its present
physical "as-is" Condition, and agrees to make no demands upon NCTD for any
improvements or alterations. By signing this License, Licensee represents and
warrants that Licensee has independently inspected the License Area and the area
immediately surrounding and made all investigations, tests, and observations
necessary to satisfy Licensee as to the condition of the License Area, zoning and
land use laws, regulations, and ordinances affecting the License Area, and all of the
conditions, restrictions, encumbrances, and other matters of record relating to the
License Area. Licensee agrees that Licensee is relying solely on Licensee's
independent inspection and that NCTD has made no warranty or representation with
regard to the License Area. NCTD shall not be responsible for any latent defect or
change in condition in the License Area and Licensee's obligations under this
License shall not be diminished on account of any defect in the License Area, any
change of condition, or any damages occurring on the License Area. In case of2the
eviction of Licensee by anyone owning or claiming title to or any interest in the
License Area, NCTD shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any moneys paid hereunder. Licensee hereby releases .
NCTD from all future claims, actions, or demands that Licensee may have or may
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NCTD NO. 23 1.36-0902-PL-CA
hereinafter have, known and unknown, in any way relating to the quality, fitness, or
condition of the License Area, and Licensee specifically waives all rights under
California Civil Code section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
Emergency Number. Licensee shall immediately notify the Dispatcher
at (760) 966-6517 if the tracks become damaged, blocked, or fouled in
any way.
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NCTD NO. 23 1.36-0902-PL-CA
IN WITNESS WHEREOF, the parties have signed below, effective as of the
Effective Date, by their duly authorized representatives.
NCTD: Licensee:
North San Diego County Transit City of Carlsbad
Development Board
By: r
Licensee's Address:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
APPROVED AS TO FORM:
7 uty City Attorney
10
JANUARY 27, 2003
JOB NO.: 991004
PAGE 1 OF 1
EXHIBIT
NCTD LICENSE ARE
'A,
:A (D "1 NAGE
4
ALL 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 SAND DIEGO COUNTY,
NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN
DEED TO WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION, IN
DEED RECORDED SEPTEMBER 29, 1998 AS FILE NO. 1998-0621950,
AS SHOWN ON RECORD OF SURVEY NO. 16546 RECORDED APRIL 14,
2000; THENCE SOUTH 67"31'39" WEST, 60.00 FEET TO A POINT ON
THE EASTERLY LINE OF LAND DESCRIBED IN DEED TO NORTH SAN
DIEGO COUNTY TRANSIT DEVELOPMENT BOARD RECORDED DECEMBER
15, 1992 AS FILE NO. 1992-802206; THENCE ALONG SAID
EASTERLY LINE SOUTH 22"30'12" EAST, 300.92 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 22O30'12"
EAST, 61.59 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH
67"29'48" WEST, 100.00 FEET TO A POINT ON THE WESTERLY LINE
OF SAID NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
LAND; THENCE ALONG SAID WESTERLY LINE, NORTH 22"30'12"
WEST, 20.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH
67"29'48" EAST, 93.00 FEET; THENCE NORTH 22"30'12" WEST,
36.11 FEET; THENCE NORTH 29"26'36" EAST, 8.89 FEET TO THE
TRUE POINT OF BEGINNING.
.-
AREA = 2,272 SQUARE FEET MORE OR LESS
CANNON COURT MS 99-16
XREFS 9904MAP IC:
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REQUESTED BY:
I DATA TABLE 1