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CD 2019-0010; Kiewit-Shea II Joint Venture; 2020-0154354; Hold Harmless Agreement/Release
RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2020-0154354 111111111111 lllll 1111111111111111111111111 lllll lllll 111111111111111111 Mar 25, 2020 12:39 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-010-47-00 -----------PROJECT ID: CD 2019-0010 PROJECT NAME: Carlsbad Desalination Plant Intake Pump Station HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 520-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Poseidon Resources (Channelside) LP, a Delaware limited partnership, the owner(s) of said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or 1 Q:ICED\LandDev\PROJECTSICDICD 2019\CD2019-0010 Carlsbad Desai -Carroll, Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PROJECTS\CDICD 2019\CD2019-0010 Carlsbad Desai -Carroll, Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc IN WITNtSS WHEREOF, the undersigned has executed this instrument this Jh~ . 20 cxo . /tJ#t day of APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) POSEIDON RESOURCES (CHANNELSIDE) LP, a Delaware limited partnership, formerly known as POSEIDON RESOURCES (CHANNELSIDE) LLC, a Delaware limited liability company By: ---------'-~.,....,tL----. _... - (Sign Here) Sachin Chawla -President (Print Name and Title) Date: oJI 14IUJ1&· r, By: (Sign Here) (Print Name and Title) Date: By: ~ /{. ~ .k__.. RON KEMP [J. - Assistant City Attorney City of Carlsbad (Proper notarial acknowledgment of execution by owner(s) 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.) 3 Q·\CED\LandDev\PROJECTS\CDICD 2019\CD2019-0010 Carlsbad Desai -Carroll, Rick\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali~nia " • ) County of ~Ci.h !J I C§ ~ ) On f=.tb-l 4, JU.dO before me, _'b-=---=o'---=u--cl--~ l----'-----&.s_·' ______,,_,,_c._s--+-· 6.._(____cd m'--'----'-'S"'--+---~-C}-~--+--Ou_b-'---"--"lk, Date Here Insert Name and Title of the Officer personally appeared -~S-G~v~b~ID~_C~h~~~""~lc..~· ~------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person('s} whose name(et is/al'& subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/H'm7ffieir authorized capacity(ieet, and that by his/l<larAbeir signature(s} on the instrument the person(-). or the entity upon behalf of which the perso~ acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY 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 v~ D"~ ignature of No~ry Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □Trustee □ Attorney in Fact □ Guardian or Conservator □Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 QICEDILandDev\PROJECTS\CDICD 2019\CD2019-0010 Carlsbad Desai -Carroll, Rick\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc PRELIMINARY REPORT Your Reference: · EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company Order No.: 997-30031236-ML6 THE LAND REFERRED TO HEREIN BELOW rs SITUATED CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND rs DESCRIBED AS FOLLOWS: PARCELD: A CONNECTION EASEMENT AS MORE PARTICULARLY DESCRIBED AND SET FORTH IN A DOCUMENT ENTITLED "SECOND AMENDED AND RESTATED GROUND LEASE AND EASEMENT AGREEMENT' DATED APRIL 7, 2010, A SHORT FORM OF WHICH RECORDED 24, 2012 AS INSTRUMENT NO. 2012-0809?73 OF OFFICIAL RECORDS OF SAID COUNTY, AND AS AMENDED BY FIRST AMENPMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 9049'J. OFFICIAL RECORDS ON, OVER, UNDER, UPON AND THROUGH THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-0789068. OFFICIAL RECORDS AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF THAT PORTION OF SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE NORTH COUNTY TRANSIT DISTRICT RAILROAD, SAID CORNER BEING ON THE WESTERLY LINE OF SAID 100.00 FOOT WIDE RIGHT-OF-WAY; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13" WEST 1490.22 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 66°28'49" WEST 340.71 FEET TO THE SOUTHEASTERLY CORNER OF THE GROUND LESE AND EASEMENT AGREEMENT RECORDED APRIL 15, 2010 AS DOCUMENT NO. 2010-0185731 OF OFFICIAL RECORDS SAID SAN DIEGO COUNTY; THENCE ALONG SAID THE SOUTHERLY LINE THEREOF SOUTH 66° 28' 49" WEST 439.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HA YING A RADIUS OF 70.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 81°26'18" A DISTANCE OF 99.50 FEET, THENCE TANGENT TO SAID CURVE NORTH 32°04'53" WEST 93.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST HAND HA YING A RADIUS OF 45.00 FEET; TBENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°50'13" A DISTANCE OF 8.51 FEET; NORTH 42°55'06" WEST, 37.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE TO THE SOUTHWEST AND HA YING A RADIUS OF 52.50 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 69°07'13" A DISTANCE OF 63.33 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67°57'41" WEST, 116.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEA YING SAID SOUTHERLY LINE SOUTH 13°41 '58" WEST 198.43 FEET; THENCE NORTH 59°24'33" EAST 1.89 FEET; THENCE SOUTH 30°35'27" EAST 25.00 FEET; THENCE SOUTH 59°24'33" EAST 1.98 FEET; THENCE NORTH 13°41 '58" WEST 200.63 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID GROUND LEASE AND EASEMENT AGREEMENT; THENCE ALONG SAID SOUTHERLY LINE NORTH 67°57'41" EAST 14.15 FEET TO THE TRUE POINT OF BEGINNING. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, AND EPOCH 1991.35. PARCELE: A PRODUCT WATER PIPELINE EASEMENT AS MORE PARTICULARLY DESCRIBED AND SET FORTH IN A DOCUMENT ENTITLED "SECOND AMENDED AND RESTATED GROUND LEASE AND EASEMENT AGREEMENT" DATED APRIL 7, 2010, A SHORT FORM OF WHICH RECORDED 24, 2012 AS INSTRUMENT NO. 2012-0809'J23 OF OFFICIAL RECORDS OF SAID COUNTY, AND AS AMENDED BY FIRST AMENDMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492, OFFICIAL RECORDS, ON, OVER, UNDER, UPON AND THROUGH THE FOLLOWING DESCRIBED LAND: CLTA Preliminary Report Form -Modified (11/17/06) PRELIMINARY REPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30031236-ML6 THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-0789068. OFFICIAL RECORDS AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF THAT PORTION OF SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE NORTH COUNTY TRANSIT DISTRICT RAILROAD, SAID CORNER BEING ON THE WESTERLY LINE OF SAID 100.00 FOOT WIDE RIGHT-OF-WAY; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 4 NORTH 44°29'52" WEST 26.70 FEET TO A POINT 10.00 FEET WESTERLY OF SAID WESTERLY RIGHT-OF-WAY LINE WHEN MEASURED AT RIGHT ANGLES THERETO, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 44°29'52" WEST 25.85 FEET; THENCE NORTH 82°40'44" WEST 56.01 FEET, THENCE LEAVING SAID SOUTHERLY LINE NORTH 19°02'22" WEST 79.55 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 553.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 31 °37' 17" EAST SAID POINT ALSO BEING ON THE NORTHERLY LINE OF THE EASEMENT AND COVENANT AGREEMENT DATED MAY 20, 1999 AND RECORDED MAY 21, 1999 AS DOCUMENT NO. 1999-0347267, OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 11 °46'22" A DISTANCE OF 113.63 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 67°28'02" EAST 83.57 FEET; THENCE NORTH 09°39'03" WEST 32.20 FEET; THENCE NORTH 22°32'58" WEST 186.83 FEET; THENCE NORTH 29°58'25" WEST 434.98 FEET; THENCE NORTH 16°01'06" WEST 234.09 FEET; THENCE NORTH 14°45'12" WEST 147.72 FEET; THENCE NORTH 22°37'35" WEST 174.35 FEET; THENCE NORTH 30°08'20" WESTI 15.20 FEET; THENCE NORTH 22°37'35" WEST 538.65 FEET; THENCE NORTH 67°31'14" EAST 45.39 FEET TO A POINT WHAT IS 10.00 FEET PARALLEL TO AND WESTERLY OF SAID WESTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 22°30'13" EAST 2072.44 FEET TO THE TRUE POINT OF BEGINNING. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, AND EPOCH 1991.35. PARCELF: A SEWER/DOMESTIC WATER EASEMENT AS MORE PARTICULARLY DESCRIBED AND SET FORTH IN A DOCUMENT ENTITLED "SECOND AMENDED AND RESTATED GROUND LEASE AND EASEMENT AGREEMENT" DATED APRIL 7, 2010, A SHORT FORM OF WHICH RECORDED 24, 2012 AS INSTRUMENT NO. ?012-08092?3 OF OFFICIAL RECORDS OF SAID COUNTY, AND AS AMENDED BY FIRST AMENDMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492. OFFICIAL RECORDS. ON, UNDER AND UPON THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-0789068, OFFICIAL RECORDS AND AS SHOWN ON RECORD OF SURVEY NO. 17350, TOGETHER WITH THAT PORTION OF A 100.00 FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, WITHIN LOT "H" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 4, ALSO BEING A POINT ON THE WESTERLY LINE OF SAID ATCHISON TOPEKA AND SANT A FE RAILROAD; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13" WEST, 1692.10 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY LINE OF THAT CERTAIN "PIPE LINE LICENSE" DATED MARCH 1, 1971, BY AND BETWEEN THE ATCHISON TOPEKA AND SANT A FE RAILWAY COMPANY AND SAN DIEGO GAS AND ELECTRIC COMPANY, WHICH LICENSE GRANTS THE RIGHT TO CONSTRUCT AND MAINTAIN A TUNNEL, PIPE AND PEDESTRIAN WALKWAY AND VARIOUS SIZES OF CARRIER PIPE; THENCE ALONG SAID CLTA Preliminary Report Form -Modified (11/17/06) PRELIMINARY REPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30031236-ML6 SOUTHERLY LINE, SOUTH 67°38'26" WEST 54.52 FEET; THENCE LEA YING SAID SOUTHERLY LINE, NORTH 22°37'35" WEST, 9.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID "PIPE LINE LICENSE"; THENCE ALONG SAID NORTHERLY LINE, NORTH 67°38'26" EAST, 183.15 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 22°21'34" WEST, 18.01 FEET; THENCE NORTH 67°38'26" EAST, 35.00 FEET; THENCE SOUTH 22°21'34" EAST, 37.01 FEET; THENCE SOUTH 67°38'26" WEST, 15.00 FEET; THENCE SOUTH 22°21'34' EAST, 32 .. 16 FEET; THENCE SOUTH 67°38'26" WEST, 40.78 FEET; THENCE NORTH 22°21'34" WEST, 20.00 FEET; THENCE NORTH 67°38'26" EAST, 20.78 FEET; THENCE NORTH 22°21'34" WEST, 22.16 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID "PIPE LINE LICENSE"; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 67°38'26" WEST, 128.59 FEET TO THE TRUE POINT OF BEGINNING. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, AND EPOCH 1991.35. PARCELi: AN EASEMENT FOR SEAWATER OUT FALL AS SET FORTH IN DOCUMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492. OFFICIAL RECORDS, OVER AND UPON THAT PORTION OF PARCEL 3 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF THAT PORTION OF SAID PARCEL 3 LYING WESTERLY OF CARLSBAD BOULEVARD, 100.00 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY NO. 17350, SAID CORNER BING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID CARLSBAD BOULEVARD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 24°07'36" EAST 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 24° 07' 36" EAST 106.00 FEET; THENCE SOUTH 65° 52' 24" WEST 86.77 FEET; THENCE SOUTH 70° 52' 24" WEST 60.51 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID WESTERLY LINE NORTH 19° IO' 46" WEST 25.13 FEET; THENCE NORTH 21 ° 02' 24" WEST 75.80 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 65° 52' 24" EAST 140.81 FEET TO THE TRUE POINT OF BEGINNING. PARCELJ: AN EASEMENT AS DEFINED AS "FISH RETURN EASEMENT AREA" AS SET FORTH IN DOCUMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492, OFFICIAL RECORDS, OVER AND UPON, THAT PORTION OF PARCEL 3 & 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067 AS TO PARCEL 3 AND DOCUMENT NO. 2001-0789068 AS TO PARCEL 4, ALL AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 4, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF A LINE WHICH BEARS NORTH 58°37'31" EAST 97.99 FEET; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 58°37'31" EAST 86.49 FEET TO THE TRUE POINT OF BEGINNING, ALSO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 14.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 56°09'50" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE AND BEARING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°43'50" A DISTANCE OF 3.35 FEET; THENCE TANGENT TO SAID CURVE SOUTH 47°33'59" WEST 40.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST AND HA YING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9° 45' 41" A DISTANCE OF 8.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 57°19'40" WEST 26.21 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE CL TA Preliminary Report Form -Modified (11/17/06) PRELIMINARY REPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30031236-ML6 SOUTHEAST AND HA VINO A RADIUS OF 75.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°27'38" A DISTANCE OF 32.02 FEET; THENCE TANGENT TO SAID CURVE SOUTH 32° 52' 02" WEST 31.43 FEET TO A POINT OF TERMINUS BEING A POINT ON THE EASTERLY LINE OF THE GROUND LEASE AND EASEMENT AGREEMENT PER DOCUf\1ENT NO. 2010-0185731. O.R. RECORDED APRIL 15, 2010 AND DOCUMENT NO. "012-08092?3, O.R. RECORDED DECEMBER 24, 2012. THE SIDELINES OF SAID STRIP OF LAND AT THE POINT OF TERMINUS SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON A LINE WHICH BEARS NORTH 22°28'46" WEST AND rs ALONG SAID EASTERLY LINE. TOGETHER WITH A PORTION OF SAID PARCEL 3 DESCRIBED AS FOLLOWS: BEGINNING AT SAID TRUE POINT OF BEGINNING; ALSO BEING A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE WESTERLY AND HAVING A RADIUS OF 14.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 56°09'50" EAST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 56°37'45" A DISTANCE OF 13.84 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°47'35" WEST 13.74 FEET. PARCELL: AN EASEMENT FOR DREDGING PURPOSES AS MORE PARTICULARLY DESCRIBED AND SET FORTH IN A DOCUMENT ENTITLED "SECOND AMENDED AND RESTATED GROUND LEASE AND EASEMENT AGREEMENT" DATED APRIL 7, 2010, A SHORT FORM OF WHICH RECORDED 24, 2012 AS INSTRUMENT NO. 2012-0809?23 OF OFFICIAL RECORDS OF SAID COUNTY, AND AS AMENDED BY FIRST AMENDMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492, OFFICIAL RECORDS, OVER, ACROSS, AND THROUGH THE FOLLOWING DESCRIBED LAND: DREDGING AREA A PORTION OF LOT "H" OF RANCHO AMA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, ALSO BEING PORTIONS OF PARCELS 1 THROUGH 4 AS RECORDED IN THE FOLLOWING RECORDED CERTIFICATE OF COMPLIANCE DOCUMENT NUMBERS RESPECTIVELY: 2001-0789065 THROUGH 2001-0789068 ALL RECORDED OCTOBER 30, 2001 LYING BELOW THE MEAN HIGH WATER LINE OF WHAT rs COMMONLY KNOWN AS THE AGUA HEDIONDA OUTER LAGOON. SAID PARCELS ARE ALSO BEING SHOWN AS THE SAME PER RECORD OF SURVEY NO. 17350, AS RECORDED AT THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001, AS DOCUMENT NO. 2001-0789065, OFFICIAL RECORDS. PIPELINE EASEMENT THAT PORTION OF SAID PARCEL 3 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, BEING A 40.00 FOOT WIDE STRIP OF LAND LYING 20.00 FEET ON EACH SIDE OF THE CENTERLINE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF THAT PORTION OF SAID PARCEL 3 LYING EASTERLY OF CARLSBAD BOULEVARD (FORMERLY XI-SD-23), BEING 100.00 FEET WIDE AS SHOWN ON SAID RECORD OF. SURVEY NO. 17350, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID CARLSBAD BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 24°07'36" WEST, 677.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 54°13'37" EAST TO A NORTHEASTERLY TERMINUS AT THE MEAN HIGH WATER LINE OF WHAT IS COMMONLY KNOWN AS THE AGUA HEDIONDA OUTER LAGOON. CLTA Preliminary Report Form -Modified (11/17/06) PRELIMINARY REPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30031236-ML6 THE SIDELINES OF SAID 40.00 FOOT WIDE STRJP OF LAND TO BE LENGTHENED OR SHORTENED TO TERMINATE ON THE SOUTHWEST AT SAID EASTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARD AND TERMINATE ON THE NORTHEAST AT SAID MEAN HIGH WATER LINE OF WHAT IS COMMONLY KNOWN AS THE AGUA HEDIONDA OUTER LAGOON. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID, BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, AND EPOCH 1991.35. PARCELR: AN EASEMENT FOR PARKING AND LA YDOWN EASEMENT AS SET FORTH IN DOCUMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492, OFFICIAL RECORDS, UPON AND OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. ?001-0789068. AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 4, ALSO BEING A POINT ON THE WESTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE, NORTH 22°30'13" WEST, 1319.08 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 67° 29' 47" WEST, 58.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22°37'35" EAST, 49.97 FEET; THENCE SOUTH 14°45'12" EAST, 147.72 FEET; THENCE SOUTH 16°01'06" EAST, 116.11 FEET; THENCE SOUTH 66°23'47"WEST, 97.54 FEET; THENCE NORTH 40°03'53" WEST, 329.02 FEET; THENCE NORTH 67° 31' 21" EAST, 229.72 FEET TO THE TRUE POINT OF BEGINNING. PARCELS: AN EASEMENT AS SET FORTH AN IDENTIFIED AS LAGOON INTAKE, IN DOCUMENT RECORDED MARCH 8, 2018, AS INSTRUMENT NO. 90492, OVER UPON AND ACROSS THE FOLLOWING DESCRIBED LAND: THOSE PORTIONS OF PARCELS 3 AND 4 PER CERTIFI,CATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789068, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF THAT PORTION OF SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE NORTH COUNTY TRANSIT DISTRICT RAILROAD, ALSO BEING A POINT ON THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF CARLSBAD BOULEY ARD; THENCE ALONG THE COMMON LINE BETWEEN THE NORTHERLY BOUNDARY OF SAID PARCEL 4 AND THE SOUTHERLY BOUNDARY OF SAID PARCEL 3 SOUTH 64°31 '22" EAST 20.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID COMMON LINE NORTH 23° 26' 43" WEST 317.17 FEET; THENCE NORTH 23° 21' 05" WEST 74.45 FEET; THENCE NORTH 66°38'55" EAST 31.00 FEET; THENCE SOUTH 23°21 '05" EAST 21.36 FEET; THENCE NORTH 77°29'41" EAST 277.06 FEET; THENCE NORTH 12°30'19" WEST 142.48 FEET; THENCE NORTH 77°29'41" EAST 300.00 FEET; THENCE SOUTH 12°30'19" EAST 320.00 FEET; THENCE SOUTH 77°29'41" WEST 76.45 FEET TO THE BEGINNING OF A NON-TANGENT 2,640.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 81° 17' 26" EAST; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°36'22" A DISTANCE OF 396.54 FEET TO THE BEGINNING OF A J,431.00 FOOT RADIUS COMPOUND CURVE CONCAVE TO THE WEST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°27'41" A DISTANCE OF 161.38 FEET; THENCE SOUTH 06°21 '29" WEST 36.88 FEET; THENCE SOUTH 74°44'52" EAST 61.95 FEET; THENCE SOUTH 15°15'08" CLTA Preliminary Report Form -Modified (11/17/06) PRELIMINARY REPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30031236-ML6 WEST 100.00 FEET TO AN ANGLE POINT ON SAID COMMON LINE BETWEEN THE NORTHERLY BOUNDARY OF SAID PARCEL 4 AND THE SOUTHERLY BOUNDARY OF SAID PARCEL 3; THENCE ALONG SAID COMMON LINE NORTH 74°44'52" WEST 164.81 FEET; THENCE NORTH 05°57'51" WEST 107.27 FEET; THENCE LEAVING SAID COMMON LINE SOUTH 74°44'52" EAST 58.20 FEET TO THE BEGINNING OF A NON-TANGENT 1,556.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; A RADIAL LINE TO SAID CURVE BEARS NORTH 88°01'00" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°14'04" A DISTANCE OF 115.00 FEET; THENCE NORTH 06°13'04" WEST 10.92 FEET TO THE BEGINNING OF A TANGENT 1,500.00 RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°28'30" A DISTANCE OF 64.80 FEET; THENCE NORTH 08°41 '34" WEST 65.39 FEET TO THE BEGINNING OF A TANGENT 2,611.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°09'46"A DISTANCE OF 189.70 FEET; THENCE NORTH 12°51 '30" WEST 99.62 FEET; THENCE SOUTH 77°29'41" WEST 71.66 FEET; THENCE NORTH 12°30'19" WEST 142.52 FEET; THENCE SOUTH 77°29'41" WEST 270.35 FEET; THENCE SOUTH 23°21 '05" EAST 17.14 FEET, THENCE SOUTH 66°38'55" WEST 21.01 FEET; THENCE SOUTH 23°26'43" EAST 405.32 FEET; THENCE SOUTH 70°51'13" EAST 28.39 FEET; THENCE SOUTH 25°51'13" EAST 40.86 FEET; THENCE SOUTH 57°57'12" EAST 6.39 FEET; THENCE SOUTH 80°27'12" EAST 7.75 FEET; THENCE NORTH 77°02'48" EAST 53.27 FEET; THENCE SOUTH 80°27'12" EAST 18.44 FEET; THENCE SOUTH 57°57'12" EAST 60.46 FEET; THENCE SOUTH 65° 25'26" WEST 11.98 FEET; THENCE NORTH 57°57'12" WEST 51.88 FEET; THENCE NORTH 80°27'12" WEST 14.46 FEET; THENCE SOUTH 77°02'48" WEST 53.27 FEET; THENCE NORTH 80°27'12" WEST 11.73 FEET; THENCE NORTH 57°57'12" WEST 11.26 FEET; THENCE NORTH 25°51'13" WEST 39.59 FEET; THENCE NORTH 70°51'13" WEST 28.64 FEET; THENCE NORTH 23°26'43" WEST 92.24 FEET TO THE TRUE POINT OF BEGINNING. PARCELT: AN EASEMENT DESCRIBED AS TEMPORARY INTAKE SCREENING, PUMPING AND DISCHARGE AS SET FORTH IN DOCUMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492, OFFICIAL RECORDS, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED LINE: THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789068, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF THAT PORTION OF SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE NORTH COUNTY TRANSIT DISTRICT RAILROAD, SAID CORNER BEING ON THE WESTERLY LINE OF SAID 100.00 FOOT WIDE RIGHT-OF-WAY; THENCE ALONG SAID WESTERLY LINE NORTH 22'30'13" WEST 1490.22 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 66°28'49" WEST 340.71 FEET TO THE MOST EASTERLY CORNER OF THE WATER PLANT INT AKE/DISCHARGE EASEMENT AREA AS DESCRIBED IN EXHIBIT 'C*' OF THE GROUND LEASE AND EASEMENT AGREEMENT RECORDED APRIL 15, 2010 AS DOCUMENT NO. ?010-0185731 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE THEREOF THE FOLLOWING COURSES: SOUTH 66°28'49" WEST 439.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE TO THE NORTHEAST AND HA YING A RADIUS OF 70.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 81°26'18" A DISTANCE OF 99.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 32°04'53" WEST 93.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45,00 FEET; THENCE NORTHERLY ALONG THE ARC OF .SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°50'13" A DISTANCE OF 8.51 FEET; THENCE TANGENT TO SAID CURVE, NORTH 42°55'06" WEST 37.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 52.50 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 69°07'13" A DISTANCE OF 63.33 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67°57'41" WEST 188.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 22°29'43" EAST 146.36 FEET; THENCE SOUTH 67°29'43" EAST 23.87 FEET; CL TA Preliminary Report Form -Modified (11/17/06) PRELIMINARY REPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30031236-ML6 THENCE SOUTH 31°29'03" EAST 37.39 FEET; THENCE NORTH 67°301171' EAST 0.96 FEET; THENCE SOUTH 31°29'03" EAST 58.05 FEET; THENCE SOUTH 22°29'4311 EAST 57.17 FEET; THENCE SOUTH 05°47'4511 EAST 26.10 FEET; THENCE SOUTH 67°30'17" WEST 72.00 FEET; THENCE NORTH 22°29'43" WEST 25.00 FEET; THENCE NORTH 67°30'1711 EAST 1.00 FEET; THENCE NORTH 22°29'4311 WEST 57.17 FEET; THENCE NORTH 11°28'01 11 WEST 58.41 FEET; THENCE NORTH 67°30'17" EAST 1.02 FEET; THENCE NORTH 11°23'08" WEST 28.84 FEET; THENCE NORTH 22°29'4311 WEST 23.80 FEET; THENCE NORTH 67°29'4311 WEST 25.46 FEET; THENCE NORTH 22°29'4311 WEST 36.33 FEET; THENCE NORTH 67°30'1711 EAST 1.00 FEET; THENCE NORTH 22°29'4311 WEST 94.09 FEET; THENCE NORTH 67°57'41 11 EAST 45.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID WATER PLANT INTAKE/DISCHARGE EASEMENT AREA; THENCE ALONG SAID SOUTHERLY LINE NORTf-I 67°57'41 11 EAST 45.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL U: A RETAINING WALL EASEMENT AS SET FORTH IN DOCUMENT RECORDED MARCH 8, 2018 AS INSTRUMENT NO. 90492 UPON THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 4 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789068, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF THAT PORTION OF SAID PARCEL 4 LYING WESTERLY OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE NORTH COUNTY TRANSIT DISTRICT RAILROAD, SAID CORNER BEING A POINT ON THE WESTERLY LINE OF SAID 100.00 FOOT WIDE RIGHT-OF- WA Y; THENCE ALONG SAID WESTERLY LINE NORTH 22°30'1311 WEST 1319.08 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 67°29'4711 WEST 58.72 FEET; THENCE NORTH 22°37'3511 WEST 124.38 FEET; THENCE NORTH 20°08'2011 WEST 115.20 FEET; THENCE NORTH 22°37'3511 WEST 536.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 67°31'1411 WEST 338.82 FEET; THENCE NORTH 22°28'4611 WEST 2.00 FEET; THENCE NORTH 67°311411 338.81 FEET; THENCE SOUTH 22°37'3511 EAST 2.00 FEET TO THE TRUE POINT OF BEGINNING. CLTA Preliminary Report Form -Modified (11/17/06)