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HomeMy WebLinkAboutPDP 05-01; Leucadia Wastewater District; 2008-0041225; Permanent Stormwater AgreementWx 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 DOC# 2008-0041225 JAN 28, 2008 4:24 PM 9210 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 R Y J. S MIT H. CO LI N1Y R E CO R D E R FEES: 0.00 PAGES:12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.216-124-22 PROJECT NO. pop os-01 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: OWNER NAME: Leucadia Wastewater District PROJECT NAME: Leucadia Wastewater District Headquarters RESOLUTION NUMBER: PC Reso 6261 CONDITION NUMBER: 33 DRAWING NUMBER: DWG 452-4A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 070041 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, hereinafter referred to as "Owner". RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and 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 1 OF 6 Rev 08/09/2007 9211 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 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 2 OF 6 Rev 08/09/2007 9212 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 agrees 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 all pipes and channels built to convey storm water to the facility, as well as all 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, 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. 3 OF 6 Rev 08/09/2007 9213 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, 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 4 OF 6 Rev 08/09/2007 9214 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, its successors and assigns, including any homeowner or property owner association. 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 08/09/2007 9215 IN WITNESS WHEREOF, this agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. APPLICANT: Leucgdia Wastewater District Paul J. Bushee (print name here) General Manager. Leucadia Wastewater Distr (title and organization of signatory) By: CITY OF CARLSBAD, a municipal corporation of the State of California ROBERT T. JOHNSON, JR., P.E. City Engineer n By: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 .ct (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 Att$r/iey City Attorney 6 OF 6 Rev 08/09/2007 9216 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of oate before me, personally appeared I risk* Here Insert Name and Title of the Officer J- Name(s) of Signer(s) I 'CommlMlon*17M720 | Notafy**Mc-Cotton*) ; i*on Ofego County 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/shfe/theV executed the same in his/her/their authorized capacity(ips), and that by his/h(/r/th/ir signature^ on the instrument the person^), or the entity upon behalf of which the person(sj 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 hamd and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public 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 Date: Signer(s) Other Than Named Above: I viQ' t'*'* |Mifr n , . Number of Pages: /U M.J.FjDav'utft. Capacity(ies) Claimed by Signer(s) . J.Signer's Name:. D Individual ft 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: RIGHTTHUMBPRINT OF SIGNER 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 9217CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ee@s@e@se6ejs@®ee^^ State of California County of On I U. personally appeared before me,L.ovOUf^j Here Insert Na|ie a«(d Title of Name(s) of Signer(s) HMI.HOWUY COMMMton* 1779M4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 Sea! 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 Date: 4 bvggt /n ers Number of Pages: (a +~ 3 f •* Signer(s) Other Than Named Above: i&vt c. J. Capacity(ies) Claimed by Signer(s) Signer's Name: : Individual '-.'. Corporate Officer — Title(s): ;.".' Partner — : Limited . General : Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here | Signer's Name: Individual Corporate Officer — Title(s): Partner — . Limited General . Attorney in Fact Trustee .' Guardian or Conservator I: Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave.. RO Box 2402 • Chatsworth. CA 91313-2402 • vmw.NationalNotary.org Item *5907 Reorder Call Toil-Free 1 -800-876-6827 ( EXHIBIT "A" ( Page 1 DESCRIPTIONOrder No. 43041150 PARCEL A: THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of California, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 9 THAT IS DISTANT THEREON SOUTH 0° 09' 10" EAST 69.76 FEET FROM THE NORTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE SAID EAST LINE OF LOT 9 SOUTH 0° 09' 10" EAST 495 FEET; THENCE SOUTH 89° 50' 50" WEST 440 FEET; THENCE; NORTH 0° 09' 10" WEST 495 FEET; THENCE NORTH 89°50' 50" EAST 440 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEED RECORDED AUGUST 11, 1961 AS FILE NO. 138155 OF OFFICIAL RECORDS TO LEUCADIA COUNTY WATER DISTRICT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LEUCADIA COUNTY WATER DISTRICT LAND; THENCE ALONG THE NORTHERLY LINE OF SAID LEUCADIA COUNTY WATER DISTRICT LAND, SOUTH 89°26'18" EAST, 139.07 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 24°01'11" EAST, 184.83 FEET; THENCE SOUTH 65°58'49" WEST, 237.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID LEUCADIA COUNTY WATER DISTRICT LAND; THENCE NORTH 00°33'42" EAST, ALONG SAID WESTERLY LINE, 266.87 FEET TO THE POINT OF BEGINNING. PARCEL B: AN EASEMENT FOR INGRESS, EGRESS, UTILITY AND STORM DRAIN OVER, UNDER, ALONG AND ACROSS A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO LEUCADIA COUNTY WATER DISTRICT (L.C.W.D.) IN DOCUMENT RECORDED AUGUST 11, 1961 AS FILE/PAGE NO. 138155 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE SOUTH 89°26'18" EAST, ALONG THE NORTHERLY LINE OF SAID L.C.W.D. LAND, 139.07 FEET; THENCE SOUTH 24°01'11" EAST, 169.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24°01'11" EAST, 15.17 FEET; THENCE SOUTH 65°58'49" WEST, 15.17 FEET; THENCE NORTH 20°58'35" EAST, 21.45 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: AN EASEMENT FOR SEWER OVER, UNDER, ALpNG AND ACROSS A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED Page 2 DESCRIPTION Order No. 43041150 IN DEED TO LEUCADIA COUNTY WATER DISTRICT (L.C.W.D.) IN DOCUMENT RECORDED AUGUST 11, 1961 AS FILE/PAGE NO. 138155 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL OF LAND SOUTH 89°26'18" EAST, 21.98 FEET TO A POINT ON THE EASTERLY LINE OF AN EASEMENT TO L.C.W.D. RECORDED JANUARY 14, 1999 AS FILE NO. 1999-0022481; THENCE ALONG SAID EASTERLY LINE SOUTH 06°11'46" EAST, 8.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 29°07'00" EAST, 168.66 FEET; THENCE SOUTH 62°57'37" WEST 31.01 FEET; THENCE SOUTH 62°58'48" WEST, 32.10 FEET; THENCE SOUTH 66°36'17" WEST, 32.36 FEET; THENCE SOUTH 68°26'16" WEST, 22.01 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF LA COSTA AVENUE; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 84°46'42" WEST, 67.34 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 67°19'51" EAST, 54.56 FEET; THENCE NORTH 68°26'16" EAST, 31.76 FEET; THENCE NORTH 66°36'17" EAST, 31.41 FEET; THENCE NORTH 62°58'48" EAST, 31.47 FEET; THENCE NORTH 62°57'37" EAST, 10.26 FEET; THENCE NORTH 29°07'00" WEST, 100.62 FEET TO A POINT ON THE EASTERLY LINE OF SAID L.C.W.D. EASEMENT; THENCE ALONG SAID EASTERLY LINE NORTH 06011'46" WEST, 51.35 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: AN EASEMENT FOR GENERAL UTILITY OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF LOT 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14038 RECORDED SEPTEMBER 15, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO LEUCADIA COUNTY WATER DISTRICT (L.C.W.D.) IN DOCUMENT RECORDED AUGUST 11, 1961 AS FILE/PAGE NO. 138155 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND NORTH 00°33'42" EAST, 228.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID WESTERLY LINE NORTH 00°33'42" EAST, 17.59 FEET; THENCE LEAVING SAID NORTHERLY PROLONGATION NORTH 65°58'49" EAST, 230.16 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG SAID EASTERLY LINE SOUTH 24°01'11" EAST, 16.00 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1 SOUTH 65°58'49" WEST, 237.48 FEET TO THE TRUE POINT OF BEGINNING. PARCEL E: AN EASEMENT FOR PARKING PURPOSE OVER A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO LEUCADIA COUNTY WATER DISTRICT (L.C.W.D.) IN DOCUMENT RECORDED AUGUST 11, 1961 AS FILE/PAGE NO. 138155 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE NORTH 00°33'42" EAST, ALONG THE WESTERLY LINE OF SAID L.C.W.D. LAND, 41.80 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 89°26'18" WEST, 21.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 81°09'19" WEST, 20.00 FEET; Page 3 DESCRIPTION 9220 Order No. 43041150 THENCE NORTH 08°50'41" WEST, 81.00 FEET; THENCE NORTH 81°09'19" EAST, 20.00 FEET; THENCE SOUTH 08°50'41" EAST, 81.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL F: AN EASEMENT FOR INGRESS AND EGRESS OVER PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MAY 4, 1987, AS DOCUMENT NO. 242042 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF EASTERLY BOUNDARY LINE OF SAID PARCEL 1 OF THE NORTHERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH 0°34'16" EAST 16.32 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1, THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89"53'59" WEST 85.00 FEET; THENCE SOUTH 0°06'01" WEST 99.92 FEET TO POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE, ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL TO SAID POINT BEARS SOUTH 36059'52" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°56'44" A DISTANCE OF 119.47 FEET TO THE POINT OF BEGINNING. PARCEL G: AN EASEMENT FOR INGRESS AND EGRESS OVER A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO LEUCADIA COUNTY WATER DISTRICT (L.C.W.D.) IN DOCUMENT RECORDED AUGUST 11, 1961 AS FILE/PAGE NO. 138155 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE SOUTH 89°26'18" EAST, ALONG THE SOUTHERLY LINE OF SAID L.C.W.D. LAND, 21.98 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 06°11'46" EAST, 193.13 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°01'32", AN ARC DISTANCE OF 10.13 FEET TO THE NORTHERLY RIGHT-OF-WAY OF LA COSTA AVENUE; THENCE ALONG SAID RIGHT-OF-WAY, SOUTH 84°46'42" WEST, 44.37 FEET TO THE BEGINNING OF A NON-TANGENT 2,085.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 82°31'33" WEST; THENCE LEAVING SAID RIGHT-OF-WAY, NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°33'05", AN ARC DISTANCE OF 311.19 FEET TO A REVERSE 29.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 88°55'22" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A Page 4 DESCRIPTION 9221 Order No. 43041150 CENTRAL ANGLE OF 89°58'56", AN ARC DISTANCE OF 46.33 FEET TO A COMPOUND 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 01°05'42" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 99°56'23", AN ARC DISTANCE OF 17.44 FEET; THENCE SOUTH 08°50'41" EAST, 93.35 FEET; THENCE SOUTH 75°56'13" WEST, 24.10 FEET; THENCE NORTH 08°50'41" WEST, 130.20 FEET; THENCE NORTH 65°59'56" EAST 73.43 FEET TO THE BEGINNING OF A NON-TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 79°55'45" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°50'51", AN ARC DISTANCE OF 23.28 FEET TO A COMPOUND 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 72°04'54" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 94°21'24", AN ARC DISTANCE OF 16.47 FEET; THENCE NORTH 67°42'43" EAST, 40.31 FEET TO A POINT ON THE WESTERLY LINE OF SAID L.C.W.D. LAND; THENCE SOUTH 00°33'42" WEST, ALONG SAID WESTERLY LINE, 227.77 FEET TO THE POINT OF BEGINNING.