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HomeMy WebLinkAboutPD 06-21; SCIF Palomar LLC; 2008-0423710; Permanent Stormwater AgreementDOC# 2008-0423710 V RECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 8063 AUG 07, 2008 4:55 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 42.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 760_221-47 & 73 PROJECT ID. pD06.21 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT:13 , OWNER NAME: SCIF Palomar, LLC PROJECT NAME: Magellan Aviation Hangars A, B, D & FBO, North Phase RESOLUTION NUMBER: N/A CONDITION NUMBER: N/A DRAWING NUMBER: DWG 447-8B STORM WATER MANAGEMENT PLAN(SWMP) NUMBER: 07-34 12 This agreement is made and entered into by and between the City of Carlsbad, California, a \ Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, named on the current Deed of Trust as referenced above, its successors and assigns, hereinafter referred to as "Owner". The term "successors and assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351 (a) and commonly referred to as a homeowners association. RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and 1 OF 6 Rev 1/29/2008_ -= 8064 WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No. ORDER NO. 2001-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Standard Urban Storm Water Mitigation Plan-Storm Water Standards, 2003 hereinafter referred to as "storm water regulations" and incorporated herein by this reference; and WHEREAS, the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quality are mitigated to the maximum extent practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors and assigns agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS, the storm water regulations require that permanent BMP(s) be established, constructed and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to storm water quality due to the development of the Property, hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this reference; and, WHEREAS, storm water regulations require that the City ensure the continued existence and inspection, operation and maintenance of the permanent BMP(s); and 2 OF 6 Rev 1/29/200ff_ 8065 WHEREAS, the City has required the recordation of this agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of on- site permanent BMP(s) by the Owner, its successors and assigns, including any property owners association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: 1. Owner shall comply with all the requirements of said storm water regulations and any applicable amendments thereto, and with any other provisions of law. 2. The permanent BMP(s) shall be established and constructed by Owner, its successors and assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and modification to the approved permanent BMP(s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey storm water to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the storm water runoff and any associated practices and programs. Adequate maintenance is herein defined as good working condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as proscribed in the Storm Water BMP Plan or as may be proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, 3 OF 6 Rev 1/29/2008_ ~h 8066 repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. 5. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 6. Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors and assigns, will perform the work necessary to keep the permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, 4 OF 6 Rev 1/29/2008 ' ..=" 8067 and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs. The actions described in this section are in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by City. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents or employees in the performance of this agreement. Owner further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 13. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 14. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. 5 OF 6 Rev 1/29/2008-_ -i" 8068 IN WITNESS WHEREOF, this agreement is through its City Manager, pursuant to Section authorizing such execution, and by Owner. OWNER(S): SCIF Palomar LLC, a Delaware Limited Liability Company executed by the City of Carlsbad, acting by and 20.16.060 of the Carlsbad Municipal Code CITY OF CARLSBAD, a municipal corporation of the State of California ROBERT T. JOHNSON, JR., P.E. City Engineer (Name of Owner) By: (sign Martin (print name here) Principal (title and organization of signatory) By: By:_ David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorni 6 OF 6 Rev 1/29/2008- State of California County of _ ) CALIFORNIA ALL-PURPOSE ) CERTIFICATE OF ACKNOWLEDGMENT On (LfrVll |Q,2,QQ£ before me, * personally appeared MdT^ £• MJ (i A/n (here insert name and title' of the office who proved to me on the basis of satisfactory evidence to be the person^) whose name^ is/a/e subscribed to the within instrument and acknowledged to me that he/sjffe/t^iey executed the same in his/h^r/t^eir authorized capacity(i^s), and that by his/h£r/tr/eir signature^ on the instrument the personal or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature tUZAKTH LAWWIU CommiMton* 1711191 Notary Pubfle - California | Los Ang*l*s County (Seal) ' OPTIONAL INFORMATION A/though the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: I I Individual(s) I I Attorney-in-Fact CH Corporate Officer(s) Title(s) I I Guardian/Conservator I I Partner - Limited/General I I Trustee(s) D Other: representing: Name{s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: 1—Q form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other Additional Signer(s) | | Signer(s)Thumbprint(s) D © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com 8070 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5/*-H On JuME Date personally appeared before me, Hera Insert Name aVidTrtle of the Officer Name(s) of Signers) tTWtll. tOWUY CommiMton * 1773534 Notary futoHc-CoWornki I Son Otogo County who proved to me on the basis of satisfactory evidence to be the personJsTwhose namej^is/aje'subscribed to the within instrument and acknowledged to me that he/gbe/ffjeyexecuted the same in his/he»/trjet<authorized capacity(j£sjT and that by his/jjewtljersignature^on the instrument the person(s)r'or the entity upon behalf of which the personj^sfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached, Document Title or Type of Document: Document Rate:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: •. D Individual D Corporate Officer —Title(s): D Partner —D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: '. Signer Is Representing:. Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing: Top of thumb here ©2007NaUonal Notary Association* 9350 De Soto Ava, P.O.Box 2402 •Chatsmrth, CA gi313-2402-www.Natiqnalh4otary.org Item #5907 Reorder.CallToll-Fr.ee 1-800-876-6827 8071 I I I I ., . ' ' • File No.: 03204434 EXIHIBIT "A" ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL No. Af A"): THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT (AIRPORT) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 17, 1958 IN BOOK 6952, PAGE 391 OF OFFICIAL RECORDS (DEED), IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THAT I PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF ' CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN SAID COUNTY RECORDER'S OFFICE, AND AS SHOWN ON RECORD OF SURVEY MAP NO. (ROS) 17996 RECORDED OCTOBER 3, 2003 IN SAID COUNTRY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID AIRPORT PROPERTY SAID CORNER BEING A 2" IRON PIPE WITH TAG STAMPED HL.S. 4506* AS SHOWN ON CERTIFICATE OF CORRECTION 90-537582 FOR MAP 11288 AND SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT PROPERTY NORTH 10° 19*11* WEST 1000.04 FEET (1000.02 FEET PER ROS 17996) Tf SURVEYOR" AS SHOWN ON SAID RECORD OF SURVEY; I WEST 1000.04 FEET (1000.02 FEET PER ROS 17996) TO A 2" IRON PIPE WITH TAG STAMPED "SD CO . THENCE LEAVING SAID BOUNDARY ON A COURSE PARALLEL WITH THE CENTERLJNE OF PALOMAR I AIRPORT RUNWAY AS ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 1x996, NORTH 79°42'22" " EAST, 133.20 FEET; I THENCE SOUTH iO°57'41" WEST, 18.00 FEET TO A LINE THAT IS PARALLEL WITH AND 517.50 FEET SOUTHERLY OF SAID RUNWAY CENTERLINE AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 10°19'11" EAST, 255^09 FEET; I THENCE NORTH 79°40'49" EAST, 415.52 FEET TO THE BEGINNING OF A TANGENT 50.00-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; . I THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF1 ' 45°03'12°, AN ARC LENGTH OF 39.32 FEET; I THENCE TANGENT TO SAID CURVE SOUTH 55°15'59" EAST, 78.79 FEET TO A POINT ON A NON ! TANGENT 48.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS, NORTH 55° 15'59 "WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74°38'43", AN ARC LENGTH OF 62.53 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 29°35'31", AN ARC LENGTH OF 46.48 FEET; . THENCE TANGENT TO SAID CURVE SOUTH 10"19'11" EAST, 88.00 FEET; THENCE NORTH 79°40'49" EAST, 22.00 FEET; THENCE SOUTH 10°19'11" EAST, 411.63 FEET TO A LINE THAT IS PARALLEL WITH AND 55,92 FEET NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY; THENCE ALONG SAID PARALLEL LINE, SOUTH 7?'40'49" WEST, 249.41 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 10°19'11" WEST, 19.00 FEET; THENCE SOUTH 79°40'49" WEST, 25.00 FEET; ALTA Loan Policy - 1970 (Rev. 10-17-70) Page 4 8072 File No.: 03204434 EXIHIBIT "A" •l THENCE SOUTH 10C19'11" EAST, 19.00 FEET TO A LINE THAT IS PARALLEL WITH AND 55.92 FEET NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY; I THENCE ALONG SAID PARALLEL LINE, SOUTH 79°40'49" WEST, 259.74 FEET, TO THE BEGINNING OF ^ A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; . • THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 78.54 FEET; I I I I I I I I THENCE TANGENT TO SAID CURVE, NORTH 10019'11" WEST, 194.82 FEET; THENCE NORTH 24°21t21" WEST, 185.54 FEET TO A LINE THAT IS PARALLEL WITH AND 30.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT THENCE NORTH 10°19'11' WEST, 502.51 FEET TO A UNE THAT IS PARALLEL WITH AND 517.50 FEET SOUTHERLY OF SAID RUNWAY CENTERLINE; THENCE ALONG SAID PARALLEL UNE, NORTH 79042'22" EAST, 96.67 FEET TO THE TRUE POINT OF BEGINNING. (County Description No. 20O5-0183-A) t Assessor Parcel No. being a portion of 760-221-73 with other property PARCEL Af Bl; THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT (AIRPORT) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 17, 1958 IN BOOK 6952, PAGE 391 OF OFFICIAL RECORDS (DEED), IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THAT PORTION OF LOT MG" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN. DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF-NO. 823, FILED IN SAID COUNTY RECORDER'S OFFICE, AND AS SHOWN ON RECORD OF SURVEY MAP NO. 17996 RECORDED OCTOBER 3, 2003 IN SAID COUNTY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID AIRPORT PROPERTY SAID CORNER BEING I A 2" IRON PIPE WITH TAG STAMPED *LS. 4506" AS SHOWN ON CERTIFICATE OF CORRECTION 90- * 537582 FOR MAP 11288 AND SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT PROPERTY NORTH 10°19"11" WEST 1000.04 FEET (1000.02 FEET PER ROS 17996) TO A 2" IRON PIPE WITH TAG STAMPED "SD CO SURVEYOR" AS SHOWN ON SAID RECORD OF SURVEY; THENCE LEAVING SAID BOUNDARY ON A COURSE PARALLEL WITH THE CENTERLINE OF PALOMAR AIRPORT RUNWAY AS ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 17996, NORTH 79042'22" EAST, 133.20 FEET; THENCE SOUTH 10°57'4r WEST, 18.00'FEET TO A LINE THAT IS PARALLEL WITH AND 517.50 FEET SOUTHERLY OF SAID RUNWAY CENTERLINE; THENCE SOUTH 79°42'22" WEST, 96.67 FEET TO A LINE THAT IS PARALLEL WITH AND 30.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF SAID AIRPORT BOUNDARY; THENCE ALONG SAID PARALLEL SOUTH 10»19'11" EAST, 502.51 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 24°21'21" EAST, 185.54 FEET; ALTA Loan Policy - 1970 (Rev. 10-17-70) Page 5 1 I I I I I I I I I I 8073 File No.: 03204434 EXIHIBIT "A" THENCE SOUTH 10»19'11" EAST, 194.82 FEET TO THE BEGINNING OF A TANGENT 50-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF gQoOO'OO", A DISTANCE OF 78.54 FEET TO A POtNT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH AND 55.92 FEET NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY; THENCE TANGENT TO SAID CURVE, ALONG SAID PARALLEL LINE, NORTH 79°40'49" EAST, 259.74 ' FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 10'lQ'll' WEST, 19.00 FEET; THENCE NORTH 79"40'49" EAST, 25.00 FEET; THENCE SOUTH 1001911" EAST, 19.00 FEET TO A LINE THAT IS PARALLEL WITH AND 55.92 FEET NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID AIRPORT PROPERTY; THENCE ALONG SAID PARALLEL LINE, NORTH 79°40149" EAST, 249.41 FEET; THENCE SOUTH 10C19'11" EAST, 55.92 FEET TO SAID SOUTHEASTERLY BOUNDARY OF THE AIRPORT PROPERTY; THENCE ALONG SAID BOUNDARY, SOUTH 79040'4911 WEST, 659.15 FEET TO THE POINT OF BEGINNING. (County Legal Description No.: 20Q5-0183-B) Assessor Parcel No. being a portion of 760-221-73 with other property PARCEL A-l; I NON-EXCLUSIVE EASEMENTS FOR THE USE OF ALL PUBLIC AIRPORT FACILITIES AT THE AIRPORT • INCLUDING, BUT NOT LIMITED TO, TAXIWAYS, RUNWAYS, APRONS, NAVIGATIONAL AIDS AND FACILITIES RELATING THERETO, FOR THE PURPOSE OF LANDINGS, TAKEOFFS AND TAXIING OF (LESSEE'S AND LESSEE'S CUSTOMERS' AIRCRAFT, AS WELL AS THE NON-EXCLUSIVE USE OF THE ACCESS ROAD FOR INGRESS TO AND EGRESS FROM THE PREMISES, AS CREATED BY AND DESCRIBED IN SECTION 2.1 OF THAT CERTAIN AMENDED AND RESTATED AVIATION LEASE EXECUTED BY THE COUNTY OF SAN DIEGO, AS LESSOR, AND SCIF PALOMAR, LLC, A DELAWARE • I LIMITED LIABILITY COMPANY, AS LESSEE (COUNTY AWARD NO. 104567), AS DISCLOSED BY THAT I CERTAIN MEMORANDUM OF LEASE DATED JUNE 22, 2005.< i PARCEL B; THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT, BEING A PORTION OF LOT "G" 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, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 5 ON THE NORTHERLY LINE OF SAID LOT "G"; THENCE SOUTH 10e52'17" EAST, 93.26 FEET TO A POINT ON THE CENTERUNE OF THE RUNWAY OF MCCLELLAN-PALOMAR AIRPORT, BEING ALSO ENGINEER'S STATION 33+30.21; THENCE ALONG SAID CENTERLINE NORTH 79"07'43"- EAST, 183.26 FEET TO ENGINEER'S STATION 35+13.47; THENCE LEAVING SAID CENTERLINE, SOUTH 10B52'17" EAST, 517.50 FEET; THENCE NORTH 79°07'43" EAST, 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 10°52'17" EAST, 255.50 FEET; THENCE NORTH 79°07'43" EAST, 414.92 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, ALTA Loan Policy -1970 (Rev. 10-17-70) Page 6 8074I I I I I I I I File No.: 03204434 EXIHIBIT "A" CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CUP>VE, THROUGH CENTRAL ANGLE OF 45»00'00", A DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 55°52'17" EAST, 78.82 FEET TO A POINT ON THE ARC OF A NON-TANGENT 48.00 FOOT RADEUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 55°52'17" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°58'23", A DISTANCE OF 27.62 FEET; THENCE LEAVING SAID CURVE, NORTH 10°52'17" WEST, 462.87 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 367.50 FEET (MEASURED AT RIGHT ANGLES) SOUTHERLY OF SAID CENTERLINE OF RUNWAY; THENCE ALONG SAID PARALLEL LINE SOUTH 79a07'43" WEST, 472.28 FEET; THENCE SOUTH 10°09'43* WEST, 160.71 FEET TO THE TRUE POINT OF BEGINNING. County Legal Description No. 91-0318-A1 (Formerly 87-OI50-A2) Assessor Parcel No. 760-221-47 PARCEL Bl; I NON-EXCLUSIVE EASEMENTS FOR THE USE OF ALL PUBLIC AIRPORT FACILITIES AT THE AIRPORT INCLUDING, BUT NOT LIMITED TO, TAXIWAYS, RUNWAYS, APRONS, NAVIGATIONAL AIDS AND FACILITIES -RELATING THERETO, FOR THE PURPOSE OF LANDINGS, TAKEOFFS AND TAXIING OF LESSEE'S AND LESSEE'S CUSTOMERS' AIRCRAFT, AS WELL AS THE NON-EXCLUSIVE USE OF THE • ACCESS ROAD FOR INGRESS TO AND EGRESS FROM THE PREMISES, AS CREATED BY AND 1 DESCRIBED IN SECTION 2.1 OF THAT CERTAIN AMENDED AND RESTATED AVIATION LEASE EXECUTED BY THE COUNTY OF SAN DIEGO, AS LESSOR, AND SCIF PALOMAR, LLC, A DELAWARE - LIMITED LIABILITY COMPANY, AS LESSEE (COUNTY AWARD NO. 104566 , AS DISCLOSED BY THAT I CERTAIN LEASE DATED JUNE 22, 2005. ALTA Loan Policy - 1970 (Rev. 10-17-70) Page 7