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HomeMy WebLinkAbout2022-09-13; City Council; ; First Amendment to License Agreement with T-Mobile West Authorizing the Sublicense of a Portion of the Wireless Communication Facility License Area to Dish WirelessCA Review __AF__ Meeting Date Sept. 13, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Curtis M. Jackson, Real Estate Manager curtis.jackson@carlsbadca.gov, 442-339-2836 Subject First Amendment to License Agreement with T-Mobile West Authorizing the Sublicense of a Portion of the Wireless Communication Facility License Area to Dish Wireless District: 2 Recommended Action Adopt a resolution approving the first amendment to the license agreement between T-Mobile West LLC and the City of Carlsbad authorizing T-Mobile West LLC to sublicense a portion of the licensed area to Dish Wireless LLC to operate a wireless communication facility at Calavera Hills Community Park and authorizing the City Manager to execute the amendment. Executive Summary The City Council is being asked to approve an amendment to a license agreement with T-Mobile West LLC for a wireless communication facility at Calavera Hills Community Park. The amendment would allow the company to sublicense a portion of the facility to Dish Wireless, another authorized wireless communication provider, and to slightly expand the licensed area. Only the City Council has the authority to approve license agreements. The City Council’s approval of this action will authorize the City Manager to execute the proposed amendment. Discussion History of agreement •The city and T-Mobile first entered into a license agreement to operate wireless telecommunication facilities at the park in 2008 (Resolution No. 2008-285). •In 2013, the city approved an extension to a minor conditional use permit (MCUP (07- 04x1) to allow for the wireless facilities. The permit is valid through March 14, 2023. •The city and T-Mobile entered into a new 10-year license agreement on April 12, 2019, that allowed the company to continue to operate the wireless communication facility at the park. The license provides for two automatic extensions of five years each, unless the license holder is in default, with the final extension expiring on April 11, 2039. •In October 2021, T-Mobile asked to negotiate an amendment to allow the sublicense of a portion of the facility to Dish Wireless. Sept. 13, 2022 Item #4 Page 1 of 21 Proposed amendment As part of the sublicense, the area covered by the license is to be expanded by 48-square-feet and an additional panel antenna will be located on the existing light pole. The minor conditional use permit does not need to be amended. Staff recommend the City Council authorize the execution of this first amendment to the agreement. T-Mobile will pay the city 50% of the rent it receives from Dish Wireless annually for the duration the agreement. If Dish Wireless fails to occupy the premises, T-Mobile will be under no obligation to pay the city additional rent and T-Mobile’s use of the additional 48 square feet of license area would be terminated. By allowing the sublicense of T-Mobile’s wireless communication facility, telecommunication coverage will be increased and continue to provide service reliability to customers in the surrounding area. Options Staff recommend the City Council approve this amendment, which will allow Dish Wireless to provide wireless communication services in the area and have a minimal impact on the site. The city will also receive some additional revenue from the facility being subleased, as detailed below. Staff see no drawbacks in approving this amendment. If it is rejected, T-Mobile would not be able sublease the site to Dish Wireless, limiting that provider’s ability to serve its customers in Carlsbad. Fiscal Analysis Under the existing license agreement, T-Mobile pays the city $49,828 per year. With this amendment, T-Mobile will additionally pay the city 50% of the rent it receives from Dish Wireless. T-Mobile anticipates charging $12,000 per year to sublicense the premises, so the city should receive approximately $6,000 per year in additional rent from T-Mobile, for a total of $55,828 per year. Next Steps T-Mobile and city staff will implement the terms of the amended agreement. Environmental Evaluation The proposed action is exempt from the California Environmental Quality Act as outlined in CEQA Guidelines 15301 – Existing Facilities. This section exempts the leasing of property involving negligible or no expansion of use beyond that existing at the time of the agency’s determination. Exhibits 1.City Council resolution Sept. 13, 2022 Item #4 Page 2 of 21 RESOLUTION NO. 2022-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE SITE LICENSE AGREEMENT BETWEEN T-MOBILE WEST LLC AND THE CITY OF CARLSBAD TO SUBLICENSE A PORTION OF THE WIRELESS COMMUNICATION FACILITY LICENSE AREA TO DISH WIRELESS, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT WHEREAS, on Oct. 14, 2008, the city and T-Mobile West LLC (T-Mobile) first entered into a license agreement to operate wireless telecommunication facilities at the Calavera Hills Community Park (Resolution No. 2008-285); and WHEREAS, On March 15, 2013, T-Mobile obtained approval of a Minor Conditional Use Permit (MCUP 07-04xl) to install six wireless antennae to an existing light standard monopole. MCUP 07- 04xl is valid through March 14, 2023; and WHEREAS, On April 12, 2019, the city and T-Mobile entered into a new ten-year license agreement (Agreement) which provides for two automatic extensions of five years each, unless Licensee is in default, with the final extension expiring on April 11, 2039 (Resolution No. 2019-045); and WHEREAS, in October 2021, T-Mobile requested to negotiate a license amendment to allow the sublicense of their facility to Dish Wireless, LLC (Dish Wireless), who is also a wireless communication provider; and WHEREAS, as part of the sublicense, T-Mobile and Dish Wireless will require a 48 square foot expansion of the license area adjacent to T-Mobile's existing facilities and will locate an additional panel antenna on the existing light standard monopole; and WHEREAS, T-Mobile will pay the city fifty percent (50%) of the rent they receive from Dish Wireless annually. If Dish Wireless fails to occupy the premises, T-Mobile will be under no obligation to pay the city additional rent and T-Mobile's use of the additional 48 square feet of license area would be terminated; and WHEREAS, T-Mobile anticipates charging $12,000 per year to sublicense the premises to Dish Wireless; as such, the city should receive approximately $6,000 per year in additional rent from T­ Mobile. Exhibit 1 Sept. 13, 2022 Item #4 Page 3 of 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.The above recitations are true and correct. 2.The Amendment to the Site License Agreement is approved and the City Manager is authorized to execute the Amendment, which is attached hereto as Attachment A. 3.That the City Manager, or his designee, is hereby authorized to take all actions necessary to implement the license agreement amendment with T-Mobile West, LLC, that are consistent with and in full compliance with the terms and conditions expressed in the Agreement, as amended, and to the satisfaction of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Norby. None. Hall, Acosta. MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Sept. 13, 2022 Item #4 Page 4 of 21 FIRST AMENDMENT TO AMENDED AND RESTATED COMMUNICATIONS SITE LICENSE AGREEMENT THIS FIRST AMENDMENT TO AMENDED AND REST A TED COMMUNICATIONS SITE LICENSE AGREEMENT (the "First Amendment") is made effective this l2\h_ day of ��, 2022 ("Effective Date"), by and between CITY OF CARLSBAD, a municipalcorporation (hereinafter referred to as "City") and T-MOBILE WEST LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as "Licensee"). RECITALS WHEREAS, the City and Licensee entered into an Amended and Restated Communications Site License Agreement dated April 12, 2019 (the "License") whereby Licensee licensed certain real property, together with access and utility easements, located in San Diego County, California from the City (the "License Area"), all located within certain real prope1ty owned by the City ("City's Property"); and WHEREAS, the License Area may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the License had an initial term that commenced on April 12, 2019 and expires on April 11, 2029. The License provides for two (2) automatic extensions of five (5) years each, unless Licensee is in default. According to the License, the final extension expires on April 11, 2039;and WHEREAS, the City and Licensee desire to amend the License on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and Licensee agree as follows: l.Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoingrecitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the License. 2.Consent to Sublicense. In accordance with Section 14.2 of the License, the Cityhereby acknowledges and agrees to the sub I icense of a portion of the License Area, as expanded, to Dish Wireless LLC or an affiliate or subsidiary (the "Dish Subtenant") for purposes of installation, maintenance and replacement of equipment, antennas, cables, fiber, and related accessories on the License Area for the operation of a wireless communications facility thereon. In accordance with Section 3.6 of the License, the City hereby consents to such installation, maintenance and replacement. As used herein, the term "sublicense" includes any arrangement by which a third party can collocate its equipment at the License Area, whether it is by sublease, license, easement or any other agreement or arrangement. Site Name: Calavera Hills Comm Business Unit#. 822887 Attachment A Sept. 13, 2022 Item #4 Page 5 of 21 Sept. 13, 2022 Item #4 Page 6 of 21 3. First Additional License Area. The existing License Area is hereby expanded in size to include additional space, which consists of a six (6)' x eight (8)' or forty-eight (48) square foot parcel of real property adjacent to the existing License Area at a location more particularly described on Exhibit A-1 attached hereto and shown on the Site Plan attached hereto as Exhibit B (the "First Additional License Area"). The License Area, as expanded, is described on Exhibit A- l attached hereto. Notwithstanding anything to the contrary in this First Amendment, Licensee is not relinquishing any rights to any license area, access easements, and/or utility easements that it possesses prior to the date of this First Amendment. In the event the location of any of Licensee's or its sub licensees' existing improvements, utilities, and/or access routes are not depicted or described on the Site Plan and/or legal descriptions, Licensee's leasehold rights and access and utility easement rights over such areas shall remain in full force and effect and the License Area shall be deemed to include such areas. 4. First Additional Monthly Rent. In consideration of the license of the First Additional License Area, Licensee agrees to pay to the City fifty percent (50%) of the rental, license or similar payments actually received by Licensee from such Dish Subtenant ( excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the "First Additional Monthly Rent") within thirty (30) days after receipt of said payments by Licensee. Licensee shall have no obligation for payment to the City of such share of rental, license or similar payments if not actually received by Licensee. Non-payment of such rental, license or other similar payment by a Dish Subtenant shall not be an event of default under the License. Licensee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Premises. There shall be no express or implied obligation for Licensee to sublease, license or otherwise allow occupancy of the Premises. Licensee shall exercise commercially reasonable efforts to collect rental, license or similar payments from the Dish Subtenant. Licensee shall pay to the City the First Additional Monthly Rent until the earlier of (i) the expiration of the term of License; or (ii) the expiration or termination of the sub license with the Dish Subtenant. 5. Return of the First Additional License Area. a) Licensee shall have the option, upon thirty (30) days prior written notice to the City, in its sole and absolute discretion, to return the First Additional License Area to the the City and to terminate the license of the same by removing all improvements from the First Additional License Area and returning same to its condition as of the Effective Date, ordinary wear and tear excepted (the "Return of the First Additional License Area"). Effective upon removal of all improvements from the First Additional License Area, the First Additional Monthly Rent shall cease and will no longer be due or payable. b) In the event the sub license with the Dish Subteant is terminated, the Dish Subtenant abandons the First Additional License Area, or the Dish Subtenant fails to make any rental, license, or similar payment within thirty days of when the payment is due, the lease of the First Additional License Area shall terminate. 6. Access. The City grants Licensee an access and utility license, as described in Exhibit A-3, for the duration of the term of the License. The access and utility license shall be Site Name: Calavera Hills Comm Business Unit# 822887 2 Sept. 13, 2022 Item #4 Page 7 of 21 subject to all the terms and conditions provided in the License, including but not limited to Sections 3.3.1 and 5.7. 7. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to Licensee as follows: a) The City is duly authorized to and has the full power and authority to enter into this First Amendment and to perform all of the City's obligations under the License as amended hereby. b) Licensee is not currently in default under the License, and to the City's knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Licensee under the License. c) The City agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the License as amended hereby, and ensure Licensee's continuous and uninterrupted use, possession and quiet enjoyment of the License Area under the License as amended hereby. d) The City acknowledges that the License Area, as defined, shall include any portion of City's Property on which communications facilities or other Licensee improvements exist on the date of this First Amendment. 8. IRS Form W-9. The City agrees to provide Licensee with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Licensee. In the event the City's Property is transferred, the succeeding the City shall have a duty at the time of such transfer to provide Licensee with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in the rent to the new the City. The City's failure to provide the IRS Form W-9 within thirty (30) days after Licensee's request shall be considered a default and Licensee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 9. Letter Agreement. This First Amendment supersedes that certain Letter Agreement by and between the City and Licensee dated September 7, 2021 and in case of any conflict or inconsistency between the terms and conditions contained in the Letter Agreement and the terms and conditions contained in this First Amendment, the terms and conditions in this First Amendment shall control. 10. Counterparts. This First Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 11. Remainder of License Unaffected. In all other respects, the remainder of the License shall remain in full force and effect. Any portion of the License that is inconsistent with this First Amendment is hereby amended to be consistent. 12. Recordation. Licensee, at its cost and expense, shall have the right to record a memorandum of this First Amendment in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Licensee shall have the right in its Site Name: Calavera Hills Comm Business Unit#: 822887 3 Sept. 13, 2022 Item #4 Page 8 of 21 discretion, to record a notice of lease, affidavit or other form to be determined by Licensee without the City's signature in form and content substantially similar to the memorandum, to provide record notice of the terms of this First Amendment. Site Name: Calavera Hills Comm Business Unit#: 822887 [Signature pages follow] 4 City and Licensee have caused this First Amendment to be duly executed on the day and year first written above. Site Name: Calavcra Hills Comm Business Unit#: 822887 By: _ __...._ __ :..µ..,, ______ _ Print Na Title:��� The City affirms that this First Amendment was approved at a duly noticed public meeting held on (�� 2022 [Licensee Execution Page Follows] 5 Sept. 13, 2022 Item #4 Page 9 of 21 Sept. 13, 2022 Item #4 Page 10 of 21 This First Amendment is executed by Licensee as of the date first written above. Site Name: Calavera Hills Comm Business Unit#: 822887 6 LICENSEE: T-MOBILE WEST LLC, a Delaware limited liability company By: CCTMO LLC, a Delaware limited liability company Bylts:Att~ Prmt Name: "'fara Groda Title: Sr-M Ntl RE Ops Sept. 13, 2022 Item #4 Page 11 of 21 Exhibit A-1 (Legal Description of the First Additional License Area) A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 323.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 6.00 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 6.00 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 48 SQUARE FEET OR 0.0011 ACRES OF LAND MORE OR LESS. Site Name: Calavera Hills Comm Business Unit#: 822887 7 Sept. 13, 2022 Item #4 Page 12 of 21 Exhibit A-2 (Legal Description of the License Area as expanded) LICENSE AREA AS EXPANDED (comprised of Tower Lease, Equipment Lease, and Add land) TOWER LEASE A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 435.36 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 331.48 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 100 SQUARE FEET OR 0.0023 ACRES OF LAND MORE OR LESS. EQUIPMENT LEASE A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 299.48 FEET TO THE POINT OF BEGINNING; Site Name: Calavera Hills Comm Business Unit# 822887 8 Sept. 13, 2022 Item #4 Page 13 of 21 THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 9.35 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 22.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 9 .35 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 206 SQUARE FEET OR 0.0047 ACRES OF LAND MORE OR LESS. ADD LAND A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 323.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 6.00 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 6.00 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 48 SQUARE FEET OR 0.0011 ACRES OF LAND MORE OR LESS. CONTAINS A COMBINED TOTAL OF 354 SQUARE FEET, MORE OR LESS Site Name Cal av era Hills Comm Business Unit #: 822887 9 Sept. 13, 2022 Item #4 Page 14 of 21 Exhibit A-3 (Legal Description of Access and Utility License) ACCESS & UTILITY LICENSE A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 299.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 41.41 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 20.55 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 241.54 FEET TO A POINT; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 348.57 FEET TO A POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 52.27 FEET TO A POINT; THENCE SOUTH 87 DEGREES 48 MINUTES 01 SECONDS EAST A DISTANCE OF 63 .08 FEET TO A POINT ON THE WESTERLY PUBLIC RIGHT OF WAY OF GLASSGOW DRIVE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCA VE WESTERLY WITH A RADIUS OF 570.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 00' 58", AN ARC DISTANCE OF 20.06, A CHORD BEARING OF SOUTH 02° 07' 38" EAST, AND A CHORD DISTANCE OF 20.06 FEET TO A POINT; THENCE DEPARTING SAID PUBLIC RIGHT OF WAY, THENCE NORTH 87 DEGREES 48 MINUTES 01 SECONDS WEST A DISTANCE OF 83 .84 FEET TO A POINT; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 68.04 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 324.55 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WET A DISTANCE OF 180.13 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 14,162 SQUARE FEET OR 0.3251ACRES OF LAND MORE OR LESS. Site Name: Calavera Hills Comm Business Unit#: 822887 Sept. 13, 2022 Item #4 Page 15 of 21 8' UTILITY LICENSE A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRNE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 299.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 92.54 FEET TO A POINT; THENCE SOUTH 20 DEGREES 00 MINUTES 08 SECONDS EAST A DISTANCE OF 202.34 FEET TO A POINT; THENCE SOUTH 58 DEGREES 07 MINUTES 29 SECONDS WEST A DISTANCE OF 38.03 FEET TO A POINT; THENCE SOUTH 19 DEGREES 39 MINUTES 41 SECONDS EAST A DISTANCE OF 70.42 FEET TO A POINT; THENCE NORTH 88 DEGREES 36 MINUTES 36 SECONDS EAST A DISTANCE OF 7.53 FEET TO A POINT; THENCE SOUTH O 1 DEGREES 23 MINUTES 24 SECONDS EAST A DISTANCE OF 8.00 FEET TO A POINT; THENCE SOUTH 55 DEGREES 57 MINUTES 57 SECONDS EAST A DISTANCE OF 8.14 FEET TO A POINT; THENCE SOUTH 34 DEGREES 02 MINUTES 03 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 55 DEGREES 57 MINUTES 57 SECONDS WEST A DISTANCE OF 19.38 FEET TO A POINT; THENCE SOUTH 88 DEGREES 36 MINUTES 36 SECONDS WEST A DISTANCE OF 6.72 FEET TO A POINT; THENCE NORTH 01 DEGREES 23 MINUTES 24 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 88 DEGREES 36 MINUTES 36 SECONDS EAST A DISTANCE OF 4.56 FEET TO A POINT; THENCE NORTH 19 DEGREES 39 MINUTES 41 SECONDS WEST A DISTANCE OF 74.23 FEET TO A POINT; THENCE NORTH 58 DEGREES 07 MINUTES 29 SECONDS EAST A DISTANCE OF 37.99 FEET TO A POINT; THENCE NORTH 20 DEGREES 00 MINUTES 08 SECONDS WEST A DISTANCE OF 187.89 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 84.57 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 3,426 SQUARE FEET OR 0.0787 ACRES OF LAND MORE OR LESS. Site Name: Calavera Hills Comm Business Unit#: 822887 11 Sept. 13, 2022 Item #4 Page 16 of 21 Site Name: CalaveraHills Comm Business Unit #: 822887 Exhibit B (Site Plan) 12 Sept. 13, 2022 Item #4 Page 17 of 21r SURVEY PERFORMED FOR: ....., a::,cROWN LEGEND TOWER SU RVEY -CASTLE 1500Cotporate0ri,;e Canonsburg, PA 15317 ADDITIONAL LAND -----------------IP I REBAR MONU 0 TRANSFORMER [2] SURVEY COORDINATED BY: BUILDING >v-'.--:l'/,o//./<·•"/,·&¼ IP/ REBAR. MONU-FOUND • GEOLINE SURVEYING, JNC. 13430 NW 1 O!h Terrace, Suite A, Alachua, FL 32615 [4] ASPHALT PAVEMENT CASED MONU 0 TRANSFORMER PAD Tolo: (386)418-0500 I Fax: (386)462-$986 CONTOUR -MAJOR ----CASED MONU • FOUND 0 822887 SURVEY PERFORMED BY: wl:l NVS CONTOUR • MINOR ----TRAVERSE POINT CATCH BASIN 3550 W. MARKET ST., SUITE 200, AKRON, OH 44333 @) Tele: (800) 787-8397 I www.NVS.com EASEMENT -----------------SURVEY POINT DAAWN BY:WFC Ct!KBY:JLV JOB NO.: 520210~91!9 GUIDERAIL GRAVEL ~ INLET ~ SURVEYOR'S CERTIFICATION: I heret,y certify lo [Crown Entity To Be OelerrninedL Crown Castle JURISDICTION LINE DIRT D USA Inc., ondudlng 111 pat"8nl1, 1ubs1dlariu and atribated enbuu, and CALAVERA HILLS COMM Westcor Land Till!! !Mi.«ance Company. PROPERTY LINE --~--CONCRETE D CULVERT 1----1 SUl!YE'l'ORNAM[;JOSHUAt.Vl.l«lDER 1------1 CAL.f"ORN~ CERT"lflCATE NO. 8281 PROPERTY TIE RETAININGWALL izzz:zzzz:= 2997 GLASGOW DR, PARENT PROPERTY --~--STAIRS ~ [J CARLSBAD, CA 92008 O \..ANO S TOWER EASEMENT -----------------DOOR/GATE ~"' UTILITY VAULT ?~ &~ RIGHT OF WAY -----------------DOUBLE DOOR /GATE,,,.-~--... 0 SAN DIEGO COUNTY v«.,~ ~-v~ L. Vuk'o t-~_,_ -... C., 0 O -.---o.J ~ ~ ?l SETBACK ----GATE· SLIDING ---•-NO. 8281 TREELINE SIGNS --MANHOLE 0 ---WETLAND __J..----1, _ _.__ MAILBOX §I HANDHOLE IZI_, "',-EXP. 31 DEC. 23 ,'< RAILROAD TRACKS ++--!--t+-t""!-!+t--H-1-COLUMN ❖ ~,. .. ❖ CENTERLINE --CL.--'Q, [~:f' e o, CA\..\ ~C UTILITY POLE PULL BOX ROAD CENTERLINE GUYED POLE --0 STREAM ----POLE 0 PEDESTAL I.ii, UTILITY NOTE L------::::J STREAM (DIRECTIONAL) --·> --LIGHTPOLE ◊ BURIED UTILITIES DEPICTED HEREON ARE PER A PROVIDED 1::::,-, ' T-MOBILE SITE PLAN DATED 4,3.07, PREPARED BY MSA (/ SIGNATURE " DITCH -------BOLLARD . RISER ~. VICINITY MAP· NTS ARCHITECTURE ANO PLANNING, INC. NO SUBSURFACE APRIL27.2022 EXCAVATION WAS PERFORMED TO VERIFY THE TYPE AND ~ CHANNEL ----FIRE HYDRANT A LOCATION OF THE BURIED UTILITIES DEPICTED HEREON. IT O,TE IS POSSIBLE THAT OTHER UTILITIES SERVING THE SUBJECT LEASE AREA ZONING: 0, FENCE FLAG POLE o-METER ~ ~,l-{ TOWER SITE EXIST THAT WERE NOT IDENTIFIED SAJD SITE PC (PLANNED COMMUNITY) PLAN AS A PART OF THIS SURVEY. CABLE TV --cw--SHRUB •:) LEASE AREA FLOOD NOTE: CABLE U.G. --cu--VALVE t>'<J 1 SURVEY PROCEDURES & EQUIPMENT ZONE ·x· OF THE n.ooo INSURANCE RATE MAP, COMMUNITY PANEl NO. 0607JC 0766 G, £ffECTNE MAY 16, 2012, ANO COMBINED SEWER ----cs--TREE-PALM CLEANOUT @ THE ACCURACY OF THIS SURVEY MEETS OR EXCEEDS THE IS NOT LOCATED Wl1l1IN A SPECIAL FlOOD HAZARD ARfA. . ~~ii. MINIMUM STANDARDS AS REQUIRED BY [STATE BASIS OF NORTH: CABLE TV & ELEC --CT'./-E--JUNCTION BOX 0 REQUIREMENTS FOR BOUNDARY SURVEYS]. THE CENTERLINE OF CARLSBAD VlUAGE OR. KNOWN AS CABLE TV & ELEC U.G. -CTV-EU-TREE. CONFEROUS PUMPSTAT!ON El INSTRUMENTS USED: BEING NORTH 71" 22' 48" SECONDS EAST PER RECORD OF SITE \'cl ~ SURVEY NO. 11186 Of THE SAN DIEGO COUNTY RECORDS. ~ -SPECTRA PRECISION SP60 GNSS RECEIVER USING THE SIT( LOC.-.TED IN CALIFORNtA ZONE VI (EPSG:2230 NAD8J) CABLE, ELEC & TELE -CTV-E-T-UTILITY BOX ~ SMARTNETVRS NETWORK 0 @ ' / ~' • TRIMBLE S6 SERIES ROBOTIC TOTAL STATION NOTES: CABLE, ELEC & TELE U.G. -CTV•E~TU-TREE· DECIDUOUS CONTROLLER /4~ , ~' I. SURVEY PERFORMED ON 7-2-21. 2. DATA NOT PROJECTED IN STATE PLANE COORDINATE ELECTRIC --E--·V t~ CONTENTS SYSTEM CALIFORNIA ZONE VI, Ef'SG: 2230 NAD8J. WITH Cd [SJ NAV088 VERTICAL CAT\JM. ELECTRIC U.G. --EU--METAL PLATFORM HVAC /,/ ,. SEE UTILITY NOTE HEREON. ~ ,. ALL VISIBLE TOWER EQUIPMENT ANO IMPROVEMENTS ARE COVER SHEET CONTAINED WITHIN TH[ OESCRIB[D ARCA, UNLESS FIBER --Fa--OTHERWISE NOTEO HEREON PROPERTY OVERVIEW 5. NOT ALL SYMBOLS ARE OEPtCTEO TO SCALE. FIBERU.G. --FOU--FUEL TANKS ~ Q_ GENERATOR G;;l 6. llilS SURVEY DOES NOT REPRESENT A BOUNDARY LEASE OVERVIEW SURVEY OF THE PARENT PARCEL. GAS --G--SITE BOUNDARY REV DATE N ORWN SEWER --s--TRAFFIC SIGNAL CONTR. a LEGAL DESCRIPTIONS ' 7 7 21 WfC 2 7 20 21 WfC STORM ---STM--TOPO -HIGH POINT AREA SUMMARY ' J 21-22 WfC . 4-15-22 WfC 5 4-27-22 WfC TELEPHONE --T--TOPO-LOW POINT AREA SQ. FT. ACRES ABBREVIATIONS SITE INFORMATION: TELEPHONE U.G. --TU--PROPERTY TIE l PARENT PARCEL 7J2,206 16.8091 Name CALAVERA HILLS COMM UNKNOWN UTILITY --UNI<--TOWER LEASE 100 P.0.C. POINT OF" COMMENCEMENT BUN 822887 0.0023 S.M. SHEET METAL Address 2997 GLASGOW OR, WATER --w--EQUIPMENT LEASE 206 0,0047 P,O.B. POINT OF" BEGINNING CARLSBAD, CA 92008 BREAKLINE ~ ADD LAND 48 0.0011 T.P.O.B. TRUE POINT OF BEGINNING County SAN DIEGO COUNTY MATCH LINE -ACCESS & UTILITY EASEMENT 14,182 0.3251 R,0,W. RIGHT-Of-WAY SITE LOCATED IN: ~ 8' UTILITY EASEMENT 3,428 0.0787 C.L CENTERLINE LOT "J", RANCHO AGUA HEOIONOA MAP THEREOF NO. 823 TOWER SURVEY \. SHEET TITLE: COVERSHEET ~ Sept. 13, 2022 Item #4 Page 18 of 21\ 50 100 FT SCALE:1"'-'100' BRASS CAP IN HANDHDLE FOUND & USED I I I I I ® Lile Tobie orec\11)11 Length LI S 18' Jf 12" ( 435.36' l2 s 10· 16' os· w J31.1a· L7 S 18' 3112" E 465.91' LB s 10· 1s· os· w 299.48' uJ s 10· 1s· os· w 323.94' I I AREA SUMMARY AREA SQ.FT. ACRES PARENT PARCEL 732,206 16.8091 TOWER LEASE 100 0.0023 EQUIPMENT LEASE 206 0,0047 ADD LANO 48 0.0011 ACCESS & UTIUTY EASEMENT 14,162 0.3251 8' UTILITY EASEMENT J,426 0.0787 PROPERTY INFORMATION PARENT PARCEL 011\NER· Th& city of Carlsbad, a municipal corporil/km 1200 Carlsbad Vt1/t1~ Dr, Carlsbad, CA 92008 DEED: 87 714906 ® APN: 167-101-35,.QO ® APN:167-101-07-0D © APN: 167-101-34-00 2997 GLASGOW DR., Carlsbad, CA 92008 SURVEY PERFORMED FOR: r°'r°'CRQWN 1600Co,po,aloD.,,, v-CASTLE Caaoa,b"'g, PA 15317 REV DATE 7-7-21 7-20-21 J-21-22 4-15-22 5 4-27-22 SITE INFORMATION: BUN 822887 TION Address 2997 GLASGOW DR, CARLSBAD, CA 92008 County SAN DIEGO COUNTY SITE LOCATED IN: DRWN wee wee WFe WFe LOT "J", RANCHO AGUA HEDIONDA MAP THEREOF NO. B23 TOWER SURVEY SHEET: PROPERTY OVERVIEW Sept. 13, 2022 Item #4 Page 19 of 21r 0 ' ~ t 25 P.0.8. ACCESS & UTILITY EASEMENT -P.O.B. 8' UTILITY EASEMENT -SOFT SCALE1"=50' ..... I Acee~ & Utility Eosement 8' Ut~ity Easement l'"MI Delle I Radius I length I Chord Bei:ring & O'lord Distance Line Dlredion length I Cl j 02·oo'SB" [s,0.00·[20.os'[ S 02· 07' 38" E 20.06' LB s 10· 16' os· w 299.48' BRASS CAP IN HANDHOLE FOUND & USED Line LB llB L19 L20 L21 "' L2l L24 l25 '" L27 L28 N70'16'05"E 92.54' Access & Utility EosGment L29 s2o·oo·os·E 202.34' Direction length LJO s ser o7' zg• w ]8.0J' S 10· 16' 05• W 299.48' LJl S19'39'41"E 70.42' s 10-15• o~r w 4U1' Ll2 N88'36'36"[ 7,5J' N 19· 43' ss· w 20.55' LJJ s or 23' 24• E 8.00' N70'16'05"E 241.54' LJ< s ss·sr sr t 8.14' 519'43'55"[ 348.57' LJ5 S ]4' 02' 03" W 8.00' soo·oo·oo·t 52.27' LJ6 N ss· sr sr w 19.]8' 5 BT 48' 01" E 6].08' LJ) S 88' 36' 36" W 6.72' N ar 48' or w 8184' LJ8 Nor 2.3• 24• w 8.00' NOO'OO'OO"E 68.04' L39 N88'J6']6"E 4.56' N l9'H 55" W 324.55' L40 N 19' .39' 41" W 74.23' s 10· 15• os· w 180.1]' L41 N sa· o7' 29• E 37.99' L42 N 20· 00' oa· w 187.89' L4J s 10· 16' as· w 84.57' L44 N 19· 43' ss· w 8.00' SURVEY PERFORMED FOR: r'r'CROWN V-CASTLE 1500 Corporate Drive Canonsburg, PA 15317 REV DATE I TION 1 7-7-21 2 7-20-21 3 3-21-22 4 4 1522 5 4-27 22 SITE INFORMATION: Name CALAVERA HILLS COMM BUN 822887 Address 2997 GLASGOW DR, CARLSBAD, CA 92008 County SAN DIEGO COUNTY SITE LOCATED IN: ORWN WfC WfC WfC WfC WfC LOT "J", RANCHO AGUA HEDIONDA MAP THEREOF NO. 823 TOWER SURVEY SHEET: EASEMENT ACCESS OVERVIEW Sept. 13, 2022 Item #4 Page 20 of 21\ \ \ \ (j \ 'J, '0\ \ --\ ,...,,,.,. TOWER LEASE \ ,. , ,. \.' 100 SQUARE FEET 't--,,,, ' t 0 3 SCALE1"=6' \ \ \ \ 6FT ""' Direction LMglh l1 S18"J7'12"E 435.36' l2 S 70'16'05"W 331.48' us 5 10· 1s· os· w a.oo· LJ s 19· .ff ss· E 10.00' us N 19• 43• ss· w 6.oo· L4 s 10· 1s· os· w 10.00' u7 N10·1s·os·E a.co· ., N 19' 4J' 55" W 10.oo' L6 N70'16'05"E 10.oo' [q,Jipmentlto5"1..i,i T<il1i ""' Direction Length l7 s1a·JJ'12·t 465.91' l8 S 70' 16' 05• W 299.-48' l9 S19'4J'55"E 9.J5' L10 s 10· 1s' os· w 22.00· Lll N 19' 4J' 55' W 9,J5' L11 N70'16'05"E 22.00' SURVEY PERFORMED FOR: r'r'CROWN V-CASTLE l500 Corporate Drive Canonsburg, PA 15317 REV....J. DATE ....IITION 1 7 7-21 2 7 20 21--1, J J-21-22 4 4-15-22 5 4 27 22 ~:~:FOR~~~~RA HILLS COMM BUN 822887 Address 2997 GLASGOW DR, CARLSBAD, CA 92008 County SAN DIEGO COUNTY DRWN WFC WFC WFC WFC WFC t~~E .. ~~~:~~~~N~GUA HEOIONDA MAP THEREOF NO. 82J TOWER SURVEY SHEET: SITE BOUNDARY Sept. 13, 2022 Item #4 Page 21 of 21r \.. TOWER LEASE (AS.SURVEYED) A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, ANO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 435.36 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 331.48 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 10.00 FEET TOA POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55SECONDS WEST A DISTANCE OF 10.00 FEET TOA POINT; THENCE NORTH 70 DEGREES 16 MINUTES OS SECONDS EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 100 SQUARE FEET OR 0.0023 ACRES OF LANO MORE OR LESS. TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER ANO ACROSS THE REAL PROPERTIES KNOWN AS APN: 167-101..JS.OO & 167-101-07-00 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FOR INGRESS, EGRESS, OPERATION, MAINTENANCE OF ANO UTILITY SERVICE TO THE ABOVE DESCRIBED TOWER LEASE. ADD LAND (AS-SURVEYED) A PORTION OF LOT-J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOvVS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINlJTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 323.94 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 6.00 FEET TOA POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 6.00 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 48 SQUARE FEET OR 0.0011 ACRES OF LAND MORE OR LESS, TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS THE REAL PROPERTIES KNOWN AS APN: 167-101-35-00 & 167-101-07-00 IN THE COUNTY Of SAN DIEGO, STATE OF CALIFORNIA, FOR INGRESS, EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED ADD LAND. EQUIPMENT LEASE (AS-SURVEYED) A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF299.48 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 9.35 FEET TOA POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 22.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55SECONOS WEST A DISTANCE Of 9.35 FEET TOA POINT; THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 206 SQUARE FEET OR 0.0047 ACRES OF LAND MORE OR LESS. TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS THE REAL PROPERTIES KNOWN AS APN: 167-101-35-00& 167-101-07-00 IN THE COUNTY Of SAN DIEGO, STATE OF CALIFORNIA. FOR INGRESS. EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED EQUIPMENT LEASE. 8' UTILITY EASEMENT (AS-SURVEYED) A PORTION OF LOT "J•OF RANCHO AGUA HEDIONOA, 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 ON NOVEMBER 16, 1896, ANO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 299.48 FEET TO THE POINT OF BEGINNING: THENCE NORTH 70 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 92.54 FEET TO A POINT; THENCE SOUTH 20 DEGREES 00 MINUTES 08 SECONDS EAST A DISTANCE OF 202.34 FEET TO A POINT; THENCE SOUTH 58 DEGREES 07 MINUTES 29 SECONDS WEST A DISTANCE OF 38.03 FEET TO A POINT; THENCE SOUTH 19 DEGREES 39 MINUTES 41 SECONDS EAST A DISTANCE OF 70,42 FEET TO A POINT; THENCE NORTH 88 DEGREES 36 MINUTES 36 SECONDS EAST A DISTANCE OF 7.53 FEET TOA POINT; THENCE SOUTH 01 DEGREES 23 MINUTES 24 SECONDS EAST A DISTANCE OF 8.00 FEET TOA POINT; THENCE SOUTH 55 DEGREES 57 MINUTES 57 SECONDS EAST A DISTANCE OF 8.14 FEET TOA POINT; THENCE SOUTH 34 DEGREES 02 MINUTES 03 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 55 DEGREES 57 MINUTES 57 SECONDS WEST A DISTANCE OF 19.38 FEET TOA POINT; THENCE SOUTH 88 DEGREES 36 MINUTES 36 SECONDS WEST A DISTANCE OF 6,72 FEET TO A POINT; THENCE NORTH 01 DEGREES 23 MINUTES 24 SECONDS WEST A DISTANCE OF 8.00 FEET TO A POINT; THENCE NORTH 88 DEGREES 36 MINUTES 36 SECONDS EAST A DISTANCE OF 4.58 FEET TOA POINT; THENCE NORTH 19 DEGREES 39 MINUTES 41 SECONDS WEST A DISTANCE OF 74.23 FEET TOA POINT; THENCE NORTH 58 DEGREES 07 MINUTES 29 SECONDS EAST A DISTANCE OF 37.99 FEET TOA POINT; THENCE NORTH 20 DEGREES 00 MINUTES 08 SECONDS WEST A DISTANCE OF 187.89 FEET TOA POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 134.57 FEET TO A PQINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 3,426SOUARE FEET OR 0.0787 ACRES OF LAND MORE OR LESS. ACCESS & UTILITY EASEMENT (AS-SURVEYED) A PORTION OF LOT "J" 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 ON NOVEMBER 16, 1896, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE CENTERLINE INTERSECTION OF CARLSBAD VILLAGE DRIVE & GLASGOW DRIVE, THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST A DISTANCE OF 465.91 FEET; THENCE DEPARTING THE CENTERLINE OF GLASGOW DRIVE, SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 299.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 70 DEGREES 16 MINUTES 05 SECONDS WEST A DISTANCE OF 41.41 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 20.55 FEET TO A POINT; THENCE NORTH 70 DEGREES 16 MINVTES 05 SECONDS EAST A DISTANCE OF 241.54 FEET TOA POINT; THENCE SOUTH 19 DEGREES 43 MINUTES 55 SECONDS EAST A DISTANCE OF 348.57 FEET TOA POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 52.27 FEET TO A POINT; THENCE SOUTH 87 DEGREES 48 MINUTES 01 SECONDS EAST A DISTANCE OF 63.08 FEET TO A POINT ON THE WESTERLY PUBLIC RIGHT OF WAY OF GLASSGOW DRIVE, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 570.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02" 00' ss-, AN ARC DISTANCE OF 20,06, ACHORD BEARING OF SOUTH 02" OT 38" EAST, AND ACHORD DISTANCE OF 20.06 FEET TOA POINT; THENCE DEPARTING SAID PUBLIC RIGHT OF WAY, THENCE NORTH 87 DEGREES 48 MINlJTES 01 SECONDS WEST A DISTANCE OF 83.84 FEET TO A POINT; THENCE NORTH 00 DEGREES 00 MINUTES DO SECONDS WEST A DISTANCE OF 68.04 FEET TO A POINT; THENCE NORTH 19 DEGREES 43 MINUTES 55 SECONDS WEST A DISTANCE OF 324.55 FEET TO A POINT; THENCE SOUTH 70 DEGREES 16 MINUTES 05 SECONDS 'NET A DISTANCE OF 180.13 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 14,162 SQUARE FEET OR 0.3251ACRES OF LAND MORE OR LESS, SURVEY PERFORMED FOR: rr CROWN 1500Co,poral,Dm, V-CASTLE c'"'"'"""'·PA15317 REV DATE I TION DRWN 1 7 7 21 wrc 2 1-20-21 wrc 1 :=!E~~ =_ -==--==--==--==--==--=t~~t~~~~~ .... :::i SITE INFORMATION: Name CALAVERA HILLS COMM BUN 822887 Address 2997 GLASGOW DR, CARLSBAD, CA 92008 County SAN DIEGO COUNTY SITE LOCATED IN: LOT"!', RANCHO AGUA HEDIONOA MAP THEREOF NO. 823 TOWER SURVEY SHEET: LEGAL DESCRIPTIONS