To:
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
From: Doyle, Colleen
Sent: Wed 11/29/2017 7:05:35 PM
Subject: Hanson Aggregates' Request for Guidance Re Common Control - (Part 1a of 2)
License-c.pdf
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LANDFILL DEVELOPMENT AGREEMENT
THIS LANDFILL DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of December 31, 2006, by and between SOUTH COAST MATERIALS COMPANY, a California coiporation ("SCMC"), and SYCAMORE LANDPILL, MC., a California corporation ("SLI") and is made in reference to the following foots and understandings:
RECITALS
A. SLI, an affiliate ofAllied Waste Industries,-Inc.,is a waste services company and owns approximately five hundred twenty (520) acres of property in San Diego, San Diego County, California (the "Property"). SCMC and its affiliates extract, process, sell, and market aggregates in and around San Diego County, California. SLI has identified approximately 324 acres of the Property (the "Property") to be developed as a landfill. The Jtopertyismore particularly described on Exhibit A.
B. The parties estimate that there are thirty four million two hundred thousand (34,200,000) cubic yards of material to be extracted from the Property (the" Material"). Of this Material, forty percent (40M)- is estimated to be saleable aggregates (the "Aggregates**) with the remainder being material that is hot saleable aggregates.
C. The parties hold (or will submit aid process applications, if necessary, to enable them to hold) the necessary permits, entitlements, and financial assurances (the "Entitlements") for SCMC or a third-party operator to extract and process the Material from the Property (the "Work"). The Entitlements are more particularly described in Section 7.
D. The parties desire to enter into an arrangement whereby SCMC will cause the Material to be removed from the Property over a period of seventeen (17) years in a manner consistent with SLI's needs to develop the Property <as a landfill and the Aggre gates to be marketed, all pursuant to the terms and conditions of this Agreement,
E. On December 31,2002, SCMC and SLI entered into a similar landfill development agreement to remove Material and market Aggregates' for Phase I of the Property development. This agreement modifies the original understanding going; forward.
AGREEMENTS
NOW, THEREFORE, in consideration of the agreements of the parties hereto, and intending to be legally bound hereby, the parties hereto agree as follows:
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1. UCENSB.
1.1 Orant of License. SU, for and in consideration of the royalties, covenants and agreements hereinafter expressed to be paid, kept and performed by SCMC, hereby grants and conveys to SCMC an irrevocable (subject to ten herein) license, for the term set forth herein, for each and all of the following purposes:
(a) The -right to extract, process and/or remove all Material from the Property, exclusive as against any other aggregate-processor other than any third-party operator hired by SCMC, as provided in Section 6.2;
(b) Subject to the Entitlements and all -necessary and required governmental regulations and permits, (i)-the right to drill, blast, extract, load, stockpile, crush, screen, mix, and/or process the-Aggregates from the -Property,: exclusive as -against any Other aggregate processor other than any third-party operator hired by SCMC, as provided in Section 6.2, (ii) the right to construct and operate the necessary rock crushing and other rock processing plants on the Property, exclusive as against any other aggregate processor other than any third-party operator hired by -SCMC, as provided in Seation 6.2, (lii) the right to stockpile Material, saleable or not, on the Property, exclusive as against any other aggregate processor other than any third-party Operator hired by SCMC, as provided in Section 6.2, and (iv) the exclusive right to sell, market, transport, and/or export the Aggregates from the Property.
(c) A non-exclusive limited right of access, inpess, and egress for not mote than 380 vehicles per day over the Property for the purposes set forth herein and as shown on the Right-of-Way Map, attached hereto as Exhibit B;
(d) The right to conduct those activities reasonably essay and related to those expressly stated in this Section 1 J , including those activities necessary to comply with the Entitlements or any other governmental r^ulations or pennits.
1.2 SLFs Development Needs. Notwithstanding the license contained in Section 1.1, the parties acknowledge and agree that while this license is exclusive as against any other aggregate processor other than any third-party operator hired by SCMC, it ls not exclusive as to SLI and SU has the right to (i) access the property to supplement SCMC's work if necessary, including as needed excavation, extraction, drilling, Hasting, etc., (ii) place liners in all or a portion of the- Property', (iii) stockpile Material, or (iv) do any other activity reasonably necessary for SU to timely and effectively operate its landfill according to its permits, -alias provided in Section 6.2.
1.3 IntersLmBealPrpperty. The parties acknowledge and agree that the irrevocable license granted in Section 1.1 is an interest in real property in the nature of a profit A prendre in gross and as such is alienable, subject to Section 10.13, and shall be binding and enforceable as against SLI, its successors and assigns, and subsequent
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purchasers and/or encumbrancers of the Property. This interest may be recorded with the CountyRecorders Office.
1.4 Right of Limited Entry. Nothing herein shall prevent SLI from entering the Property in connection with SLI's landfilling activities, including but not limited to enhy to excavate, extract and/or stockpile Material, entry to place liners in all or a portion of the Property, or other necessary activities, all as provided in Section 6.2; provided that SLI gives SCMC prior notice and coordinates such activities with SCMC so as not to interfere with SCMC'soperations within the Property.
2. TERM. The initial term of this Agreement shall commence on the date first given above land terminate bn 'December' 31,2023, Subject to an exception granted SCMC pursuant to Section 9t SCMC agrees to complete this mining project in 17 years. As provided in Section 9.5, the term may be extended for additional phases cm the Property.
3.1 .Permit fee. Concurrently with the execution of this Agreement, SCMC shall pay SLI a permit fee in the amount of Four Hundred Thousand Dollars ($400,000).
3.2 Fixed. Royalty. Fixed royalties shall be paid according to the following terms:
(a) Beginning January 2007, and continuing on a monthly basis for the duration of the Term of tliis agreement, SCMC shall pay SLI a fixed royalty payment in accordance with Exhibit E attached hereto. Said Exhibit specified the amount of Fixed Royalty to be paid to SLI during the first 24 months. Additional Fixed Royalties shall be paid to SO in subsequent years throughout the entire Term. Said royalties shall be recalculated every two years using simitar terms and conditions of value established during the first two year period, however, using an escalator of not less than 5 % per year for the remainder ofthe Term.
(b) Said payments are due on or before the 15th day of each month for which a fixed monthly royalty payment is due, beginning January 15,2007.
3.3 ProductipnRpyalty.
(a) Subject to the adjustment provided in Section 3.3(b) or Section 5. SCMC shall pay a royalty of Forty- Six Cents ($0.46) per ton of Aggregates as a production royalty during the term of this Agreement (as adjusted, the "Production Royalty Rate"). Such royalties are due thirty-five (35) days after the end of the month in which Aggregates are removed from the Property
(b) Beginning on January 1, 2007, until December 31, '2023, the Production Royalty Rate shall be adjusted in proportion to the greater of (i) the
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increase in the CPI (as defined in Section 3.3(c)) or (ii) the increase in the PPI (as defined in Section 3.3(d)), in either case which has occurred during the review period, as the case maybe.
(c) The term "CPF means the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers (CPIU) for San Diego, California, on the basis of 1982-84 = 100. If the format or components of the CPI are materially changed after the execution of this Agreement, the parties shall substitute an index which is published by Sts Bureau of Labor Statistics, or a similar agency, and which in the parties* judgment, is equivalent to the CPI in effect on the date of this Agreement.
(d) The term "PPF means the United States Department of Labor, Bureau of Labor Statistics, Producer Price Index for Construction sand, gravel, arid crushed stone (commodity code 13-21) on the basis of 1982 = 100. If the format or components of the PPI are materially changed after the execution of this Agreement, the parties shall substitute an index which is published by the Bureau of Labor Statistics, or a similar agency, and which in the 'parties' judgment, is equivalent to the PPI in effect on the date of this Agreement
(e) Beginning January 1, 2008 and for the remainder of the Tenn, the Production Royalty Rate shall be adjusted in proportion to the greater of (i) the increase in CPI or (ii), the increase in PPI, or (iii) the year over year increase in selling price for all third party Aggregates produced or sold from the property.
3.4 In^ectionofBoota. SLI, or its authorized agent, shall have the right to inspect and make copies of all records made or kept by SCMC of all Material removed and all Aggregates produced and sold from the Property and SCMC shall have the duty to maintain all such records at its mam office, 9229 Harris Plant Road, San Diego, California 92145, or at such other place as SCMC may reasonably designate. Said right of SLI may be exercised at the main office of SCMC or at such other places as SCMC may reasonably designate, at a location within a reasonable proximity from the Property, st all reasonable times and intervals and in such a manner as to not unduly interfere with SCMC's operations. Any and all infoanation obtained by SLI or its authorized agent in connection with, the inspection- and copying of records of SCMC pursuant to this Section 3 shall at all times be kept in absolute confidence by SLI or such agent and not disseminated to any other party in any form or media, excepting dissemination (i) in litigation among the parties hereto or (ii) to the extent legally compelled by court order or legal process.
3.5 Saleable Aggregates. Eor clarification, the Production Royalty (Section 3.3) is only paid on Aggregates, which are those aggregates actually separated from the Material extracted from the Property and removed from the Property. Aggregates may not be stockpiled by SCMC in a manner that interferes with SLI operations
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4. EXTRACTION. FEE. SLI shall pay an Extraction Fee to SCMC of One Dollar and Eighty-five Cents (fl,85) per cubic yard of Material (saleable or not) excavated by SCMC per month during the term of this Agreement Said Fee shall be increased by a minimum of 5% per year during the term extraction takes place. Such fee is due thirty-five (35) days after the end of the month in which Material is extracted. This extraction fee shall not be paid to SCMC for any extraction performed by SLI or its subcontractors. To the extent that Material not processed as Aggregates is extracted and the cost to SCMC to move such Material to its ultimate destination is: greater than the cost- to 'move Material to SCMC's regular processing site for Aggregates, SLI shall reimburse SCMC for such additional cost,
5. QUA
ANDQUAUTY
As stated above in Recital B,
the parties estimate that there are thirty four million two hundred thousand (34,200,000)
cubic yards of Material to be extracted by SCMC from the Property, Of the Material,
forty percent (40%) is estimated to be Aggregates. The parties agree to meet on a (2) two-
year basis to share information as to the quantity and quality of materials and to discuss to
the extent that'Material contains more or less than 40% Aggregate waste, SLI arid SCMC
shall be entitled to an equitable adjustment of the Production Royalty Rate on a going
forward basis.
6- MINING.
6.1
SCMC shall provide all labor, equipment.
materials, and utilities to extract the Material and process the Aggregates, either by itself
or through a third-party operator approved by SLI, such approval not to be unreasonably
withheld. SCMC shall install sufficient equipment to process the Quantity of Material and
Aggregates anticipated to be mined during the term. In the event, SLI requires SCMC to
relocate any or all of the equipment sooner than January 1, 2022, SLI shall pay for a
proratta share of the relocation expenses reduced on a straight-line depreciation over the
first fifteen years of the contract period. The parties agree and acknowledge that Hanson
Aggregates Pacific Southwest, Inc. ("HAPSW"), an affiliate: of SCMC, is an approved
third-party operator and no further consent of SLI is needed for HAPSW to perform those
duties or undertake those obligations delegated to it by SCMC.
6.2 Mining .Plan, As soon as practicable after the execution of this Agreement and from time to time thereafter, SCMC and SLI shall jointly prepare or update, as the case -may be, a plan describing- the extraction of Material from the Property (the "Mining Plan"), The Mining Plan shall be consistent with SLI's need to have-the Property prepared for its eventual use as a landfill and with SCMC's need to extract Aggregates in an efficient manner. On or about September 1st of each year of the Agreement. SLI shall provide SCMC with copies of Landfill development plans detailing the specific location of Landfill development needed for the upcoming calendar year along with the Landfill development progression anticipated oyer the next five-year period. SLI'S plans shall include engineering estimates of Quantities of Material to be removed along with details regarding any and all permit limitation and/or restriction that would impact SCMC'S -ability
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to perform under this agreement. SLI and SCMC shall agree on a mining plan including Quantities of Material to be extracted during the upcoming calendar year. Any modifications to the plan(s) must be agreed upon' by both parties. SCMC shall use the. agreed upon mining plan to develop the anticipated Cost of Extraction ("Cost") 'for removing and processing Material during the upcoming calendar year. Said Cost shall be the sole responsibility of SCMC and shall include cost of transportation and disposal of fines into the Designated Eta Materials Conveyance -Area. The Mining Ban may provide for. and nothing in tliis Agreement shall prohibit. SLI from the following activities: (i) excavation, extraction, drilling, and blasting of Material, (ii) placing liners in all or a portion of the Property, (iii) stockpiling Material, or (iv) doing any other activity reasonably necessary for SU to timely and effectively operate its landfill according to its permits; provided, however, that (x) SLI will extract Material in such a manner as to preserve the Aggregates for extraction by SCMC at no additional cost to SCMC.
'
63 BanfivaLofFines. AS part of its obligations under this Agreement,
SCMC shall convey fine materials to the area designated on Exhibit C
"Fine
Materials Conveyance Area"). By mutual agreement of the parties, the Fine Materials
Conveyance Area may be changed part of updating the Mining Plan pursuant to
Section 6.2. SLI shall remove fine materials from SCMC's stockpile located at the Fine
Materials Conveyance Area at the discharge point of the conveyor head pulley and shall
remove such fine materials at a rate consistent with SCMC's ongoing operations. SLI
may request that fine materials be conveyed to a location after titan the Fine Materials
Conveyance Area. To the extent the location designated by SLI for conveying fine
materials results in additional expense to SCMC. SCMC shall inform SLI of SCMC's
additional capital costs and operating expenses, plus a reasonable profit margin on the
cost of capital (the "SCMC Additional Costs"), and SLI agrees to reimburse SCMC for
the SCMC Additional Costs. Such reimbursement may be handled as an adjustment to
one (1) or more of the payments provided in Sections 3.2,^ and 4. If SLI disputes or
objects to the SCMC Additional Costs, SLI at -its sole expense shall make its own
arrangements to convey the fine materials to the desired location.
6.4 Bogrm Meetings. :SCMC and SLI will meet no less than quarterly to review and, as necessary, update the Mining Ban. In addition, both parties shall meet on Or before January 1, 2009 and on a minimum two-year interval thereafter to consider the terms and conditions of this agreement. Both parties will review the rnining/landfilling schedules: along with, payment schedules and other pertinent matters relating to the agreement. Any changes to these terms shall be discussed then and modified/reconciled only ifapproved by bofhparties.
6S Miniflgjfractices. SCMC shall work the Property in a good and workmanlike manner in accordance with accepted mining practices, including compliance with all applicable laws, ordinances, regulations and permits, and in compliance with MSHA, OSHA and CaLOSHA requirements in addition to any other applicable mining or environmental law applicable to aggregate processing operations being performed on the Property by SCMC or its third-party operator.
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6.6 grading. At the end: of the term of this Agreement, SCMC shall deliver to SLI the Property graded to within eighteen (18) inches, plus or minus six (6) inches, of SLI's grading plan previously delivered to SCMC. The grading plan is attached hereto as Exhibit D,
6.7 Weiehmaster, The quantity of saleable Aggregates shall be deter mined by actual weight measured by scales operated by a weighmaster (Cal. Bus. & Prof, Code 12700 et seq.) employed by SCMC. SLI's right to inspect SCMC's books described in Section 3,4 shall apply to this Section 6.7.
6.8 Exttactionjteconciliation. An annual aerial survey will be per formed to quantify extraction for purposes of reconciling to the monthly volumes. The cost of the annual aerial survey will be shared equally between SLI and SCMC.
'
6.9 Comrounit^yRelations. The parties shall mutually agree upon and
establish a community relations program that is- similar in scope to tile community
relations program HAPSW has in place at HAPSW's Carroll Canyon operations. SCMC
agrees that it will provide SU with advance-notice of any community relations activities,
including any written or verbal community with the public regarding SCMC or its third-
party operator's Work on the Property, and shall obtain SLFs approval prior to
disseminating any written or verbal communications with the public, including but not
limited to public officials, community groups, environmental groups and news organiza
tions.
6.10 Mining Operator Annual Report. If necessary, SCMC shall com plete the Annual Report for the State of California Department of Conservation and make payment of annual reporting fees.
6-H ReyegetatiojianOAn^^ SLI shall be responsible for site reclamation, including revegetation and landscaping. SLI's responsibilities shall extend to compliance with all conditions of approval that apply to site reclamation. In the event SCMC secures additional permits and approvals that require landscaping improvements not contemplated under this agreement, SCMC shall be responsible for installing and maintaining such landscaping improvements.
6.12 Blasting, Should SCMC determine- blasting is required, it will be performed at industry standards and in compliance with all laws, rules, regulations and permit requirements, including any mitigation measures required as part of SLI's Mitigation Monitoring and Reporting Program under CEQA. SCMC shall boresponsible for securing all necessary approvals and will provide SLI notice at least forty-eight (48) hours prior to blasting.
6.13 RmiianOslma^ Within ninety (90) days following comple tion of the Work on the find phase at the Prope SCMC shall restore the surface ofte Property on which its equipment was stored or on which any structure was built or placed
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on the Property by or on behalf of SCMC or its third-par^ operator to the- condition it was in prior to the commencement of the Work, at SCMC's sole cost and expense. Said closure related activity shall include the removal of all processing equipment, stockpiles, foundations, and wiring from conduit, including any asbestos containing materials.
6.14 SLI Aggregate Needs. ST J anticipates purchasing in excess of 200,000 cubic yards of suitable Aggregate for purposes of constructing Landfill on the Property. SCMC agrees to provide SLI with the above-quantity and quality of Aggregate at a "best customer class" rate.
6.15 SCMC Disposal/Needs. In the event SCMC requires waste disposal services on the Property, SLI shall provide such services at a comparable discounted rate.
7.1 SCMC's Permits. SCMC, at its sole expense, has obtained or shall obtain the following permits related to its operation at the Property'.
(a) Business license;
(b) Air permit;
(c) Storm Water pennit;
(d) Waste Discharge Requirement Order; and
(e) Health permit
7-2 SLI's Permits. SEI, at its sole expense, has obtained or shall obtain the following permits related to the Property, or demonstrate an exemption:
(a) A Community -Plan Amendment/Site Development Permit/ Planned Development Permit/Multi-Habitat Planning Area (MHPA) Boundary Adjust ment LDR 40-0765 (the "City Approvals");
(b) A Section 1603 Streambed Alteration Permit from the California Department ofFish and Game; and
(c) Except otherwise provided, all otter Entitlements related to the Property and the transaction contemplated by this Agreement
7.3 SMARA. Ifthe Surface Mining and Reclamation Act of 1975 (Cal. Pub. Resources Code 2710 et seq.) Applies to SCMC's activities on the Property, the parties agree that SLI shall process the application required by such act with expenses to be paid by SCMC.
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7.4 Compliance with Law. The parties shall comply with all Federal, State and local statutes, ordinances, resolutions, mandates, orders, plans, regulations, guidelines, decisions or other administrative, legislative, judicial or executive rules governing their respective -operations on the Property.
8. MDE asm
8.1 SCMC's .Indermiitt. SCMC, for itself its -successors and assigns, agrees to defend, indemnify and hold harmless SLI, SLI's successors and assigns, and SLI's agents, officers, directors, stockholders, servants and employees, from and against any and all claims, demands, damages, actions or causes of action at law or in equity, together with any and all losses, costs or expenses- and attorneys' fees, in connection therewith or related thereto, for bodily injuries, death or property damage arising or in any matter growing out of the: acts or omissions of SCMC, SCMC's employees, agents, contractors, subcontractors or other representatives.
8.2 SLI's Indemnity. SLI, for itself, its successors and assigns, agrees to defend, indemnify and hold harmless SCMC, SCMC's; successors and assigns, and SCMC's agents, officers, directors, stockholders, servants and employees, from and against any and all claims, demands, damages, actions or causes of action at law or in equity, together with any and all losses, costs or expenses and attorneys' fees, in con nection therewith or related thereto, for bodily injuries, death or property damage arising or in any matter growing out of the acts or omissions of SLI, SLI's employees, agents, contractors, subcontractors or other representatives.
8.3 SCMefiJabilifiOn SCMC shall, at SCMC's sole cost, keep in force during the term of this Agreement a policy of commercial general liability insurance covering property damage and liability for personal injury occurring on or about the Property, with limits in the amount of at least Five Million Dollars ($5,000,000) general aggregate, To Million Dollars ($2,000,000) per occurrence for injuries to or death of person, property damage, and with a contractual liability endorsement insuring SCMC's performance of SCMC's indemnity obligations of this Agreement. SCMC shall provide SLI with evidence of coverage within three (3) business days of SLI's request.
8.4 SLI Liability Insurance. SLI shall, at SLFs sole cost, keep in force during the term of this Agreement a policy of commercial general liability insurance covering property damage and liability for personal injury occurring on or about the Property, with limits in the amount of at least Five Million Dollars ($5.000,000) general aggregate, Two Million Dollars ($2,000.000) per occurrence for injuries to or death of person, property damage, and with a contractual liability endorsement insuring SLI's performance of SLI's indemnity obligations of this Agreement, SLI shall provide SCMC with evidence of coverage within three (3) business days of SCMC's request.
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8,5 Workers' Compensation Insurance, SCMC shall maintain workers' compensation insurance in the amount required by law,
8,6 Waiver of Subrogation. SLI and SCMC each hereby waives any and all rights of recovery against the other,, and against the partners, members, shareholders, directors, officers, employees, agents and representatives of the other, for loss of or damage to the property of a party or injury to a person to the extent such damage or injury is covered by proceeds received under any insurance policy carried by SLI or SCMC in force at the time of such loss or damage.
9. ADDITIONAL...TERMS,
9-1 UmandNoUces^^
SCMC agrees to keep the
Property at all times free and clear of all liens, charges and encumbrances of any and
every nature and description done, made or caused by SCMC, and to pay all indebtedness
and liabilities incurred by or for SCMC which may or might become a lien, charge or
encumbrance; except that SCMC need not discharge or release any such lien, charge or
encumbrance so long as SCMC disputes or contests the lien, charge or encumbrance and
posts a bond sufficient to discharge such lien acceptable to SLI, Subject to SCMC's right
to post a bond in accordance with the foregoing, if SCMC does not within thirty (30) days
following die imposition of any such lien, charge or encumbrance, cause the:same to be
released of record, SLI shall have, in addition to SLI's contractual and legal remedies, the
right, but not the obligation, to cause the lien to be released by such manner as SLI deems
proper, including payment of the claim giving rise to such lien, charge or encumbrance.
All sums paid by SLI for and all expenses incurred by it in connection with such purpose
shall be payable by SCMC to SLI on demand with interest at twelve percent (12%) per
annum starting ftom the date due until paid in Ml.
9-2 Taxes. SLI shall pay any and all taxes assessed and due against the Property before and after execution of tins Agreement. SLI shall not be liable for any taxes levied on or measured by income or proceeds, or other taxes applicable to SCMC, based on payments under this Agreement or based upon the severance or production of Aggregates by SCMC ftom the Property. Ifthere is an increase in real property taxes due to the granting of an exclusive license to SCMC for mining aggregates, the parties agree to share payment of such increase in an equitable maimer.
9.3
SCMC shall take all reasonable pre
cautions to prevent the improper disposal or release of hazardous wastes and the pollution
of air and water by SCMC's operations. Any facilities for employees established on the
Property shall be operated in a sanitary manner. It shall be SCMC's sole responsibility to
comply With all applicable environmental laws or regulations, subject to SCMC's right to
contest the same. If SLI finds physical evidence that air, land, water quality', or other
environmental damage has occurred or is about to occur due to SCMC's non-compliance
with said environmental laws or regulations, SLI shall have tire right, upon written notice to
SCMC, to require SCMC or its contractors, agents, or assigns to cease, alter, or modify
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immediately that portion of operations on the Property which is causing or is about to cause suchair, land, water quality, or otiierehvironmentel damage; and to direct SCMC in writing to take immediate action to correct or eliminate said damage or threat thereof. SCMC shall then, in consultation with SLI, review the operations to determine if additional actions are necessary to correct or eliminate such damage or threat and shall correct or eliminate the damage or threatened damage immediately, as may be required by SLI or any governmental agency. SLI's rights under this provision shall not release SCMC of its obligations hereunder, nor shall they constitute a waiver of SLI's rights as provided by this Agreement and/or by law. SLI shall be under no obligation to provide for any inspections as to environmental practices of SCMC or to take any responsibility whatsoever for SCMC's actions, it being agreed that compliance therefor is the sate responsibility of SCMC. Liability for any environmental or water quality damage that is caused by SCMC or its contractors, agents, or assigns, shall be borne by and at the sole expense of SCMC, which will be paid immediately upon demand. If SCMC fails or refuses to correct or repair within a reasonable time any environmental damage caused by SCMC's failure to comply with applicable laws or with any obligation or covenant of this Agreement after being- directed to do so, then SLI shall have the right to contract with any qualified party to correct said condition, and SCMC shall pay to SLI on demand for all costs, including attorney's fees, of said correction or repair. Notwithstanding any other provisions of this Agreement, SCMC shall defend, indemnify and hold harmless SLI from any and all losses, damages, expenses, claims, demands, and civil or criminal liabilities or penalties; clean-up lawsuits and other proceedings; and all costs and expenses including damages, attorneys' fees, and disbursements which accrue to or are incurred by SLI, arising directly or indirectly from, or out of, or which are in any way connected with SCMC's acts or omissions which cause environmental or water quality damage as defined by noncompliance with federal, state or local regulations, orders, or laws; or which cause losses, damages, expenses, claims, demands, or civil or criminal penalties or sanctions to be incurred, SCMC agrees to store, transport, and dispose of any hazardous substances, and all hazardous wastes, as defined by any applicable state or federal law, in accordance with all local, state, and federal laws, including the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation .and Liability Act, as amended ("CERCLA"), regarding the same. SCMC shall not dispose of -any hazardous wastes upon the Property. Further, SLI and SCMC acknowledge and agree that in the event mining wastes are regulated by CERCLA, or by any other statute, SCMC may dispose of such wastes on the Property provided SCMC complies fully with such laws and stall be solely responsible for any contamination or other environmental damage found on the Property resulting from SCMC's operations, including the cost of clean-up. At the end of each year, SCMC shall notify SLI of all hazardous .substances and hazardous wastes and the quantities brought to, stored upon, used on, or transported from the Property. The provisions of this Section 9.3 areun addition to the other provisions of this Agreement and shall survive any termination or expiration ofthis Agreement.
9.4 CorporatejGuarantees. Either party may request a guarantee from an affiliated corporation of the other party, such request not to be unreasonably refused.
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9-5 Renewal for. Additional Phases. As additional consideration to SCMC for its obligations under this Agreement, SLI hereby grants SCMC the exclusive right of first refusal to renew this Agreement on substantially similar terms for additional Materials ofthe Property beyond foe Quantity described in Section 5.
96 Bmfi.QMgaflflns. Time is of the essence in foe performance of the obligations of this Agreement and is expected to be completed by SCMC in 17 years. The party responsible for performance of an obligation under this Agreement shall commence performance and thereafter diligently proceed with performance thereof to completion according to foe-timetables set forth herein. However, if a party is delayed in the performance of its obligation(s) hereunder by reason of and only by reason ofi (i) failure of the other party to perfonn its obligations contained herein by the time or times required (including any applicable cure periods); (ii) unusual or extreme weather, such as a 100-year flood event; (iii) war; (iv) acts of God; (v) governmental moratoria; (vi) insurrection; or (vij) labor disputes not in violation of any project labor agreement or similar agreement; then tile time for completion of foe performance shall be extended for a period equal to tre length of such delay, if:
(a) Within foe earlier of (i) three (3) calendar days after the ;pany who asserts its performance is being delayed ("Promisor") becomes aware of such delay, and (ii) ten (10) calendar days after Promisor should have become aware of such delay through the exercise of reasonable diligence, Promisor gives notice in writing of the event causing such delay;
(b) Within 10 calendar days after the cessation of the event causing such delay, Promisor provides written notice to the other party of the duration of the delay and the corresponding extension request by Promisor, and describing such event, as well as -how such event will affect- the critical path for completion of the performance being delayed; and
(c) Promisor -provides evidence to the reasonable satisfaction of the other party that -such -event delayed a portion of the work in the critical path and the duration of such delay.
9.7 saicttaat.
(a) The occunence of any of the following shall constitute a SCMC event of default (an "SCMC Event ofDefault"):
(1) Tire insolvency ofSCMC or HAPSW;
(2) The filing of a voluntary petition in bankruptcy or any similar proceeding against SCMC or HAPSW;
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17cv1906 Sierra Club v. EPA
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(3) Filing of any involuntary petition in bankruptcy or any similar proceeding against SCMC or HAPSW which is not dismissed within sixty (60) days;
(4) Appointment of a receiver or trustee for SCMC or HAPSW which is not dismissed within sixty (60) days;
(5) Execution by SCMC or HAPSW of any assignment ofall or any portion of its rights or obligations hereunder in violation of the provisions of this Agreement*
(6) Failure to commence the Work to be performed by SCMC or HAPSW as set forth in accordance with the provisions of this Agreement;
(7) Failure to prosecute the Work to completion in a diligent,
efficient, wrionanlike, skillful and careful manner in accordance with the provisions ofthis
Agreement;
(8) Failure to pay required taxes when due (except that SCMC may delay payment thereof pending resolution of a legitimate dispute with respect to such taxes);
($) Failure to maintain required insurance;
under this Agreement; or
(10) Failure to perform any of its material obligations^
Agreement,
(11) Repudiation or breach of any of the terms of this
(b) An SCMC Event of Default shall not be deemed to have occurred if (i) such default is a default involving the payment of money and SCMC cures such event within a period of ten (10) days after receipt of written notice from SLI specifying the SCMC Event of Default; or (ii) such default involves a non-monetary obligation of the SCMC and SCMC commences a cure of such event within a period of ten (10) days after receipt of written notice from SLI specifying the SCMC Event of Default and thereafter diligently pursues such cure to completion in accordance with a schedule reasonably acceptable to SLI.
(c) Upon the occurrence of an SCMC Event of Default, SLI shall make every reasonable effort to mitigate its losses and damages hereunder. SLI shall retain all sums of money theretofore paid hereunder to SLI, and SCMC shall pay to SLI a sum of money equal to the cost of the Work for all Work performed hereunder by SCMC for which payments have not theretofore been made hereunder. SLI's only remedies for an SCMC Event ofDefeult shall be those that are expressly set forth in this Agreement.
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9.8 ; SUDeft.
(a) He occurrence of any of the following Stall constitute a SU event ofdefault (an "SU Event of Default"):
(1) The insolvency of SLI;
(2) The filing of a voluntary petition in bankruptcy or any similar proceeding against SLI;
(3) Filing of any involuntary petition in bankruptcy or any similar proceeding against SLI which is not dismissed within sixty (60) days;
(4) Appointment of a receiver or trustee for SLI which is not dismissed within sixty (60) days;
(5) Execution by SLI of any assignment of all or any portion ofits rights or obligations hereunder in violation ofthe provisions ofthis Agreement;
(6) Failure to pay required taxes when due (except that SLI may delay payment thereof pending resolution of a legitimate dispute with respect to such taxes);
(7) Failure to mainteun required insurance;
this Agreement; or
(8) Failure to perform any of its material obligations under
Agreement.
(9) Repudiation or breach of any of the terms of this
(b) An SLI Event ofDefault shall not be deemed to have occurred if (i) such default is a default involving die payment of money and SLI cures such event within a period often (10) days after receipt of written notice from SCMC specifying the SLI Event of Default; or (ii) such default involves a non-monetary obligation of the SLI and SLI commences a cure of such event within a period of ten (10) days after receipt of written notice from SCMC specifying the SLI Event of Default and thereafter diligently pursues such cure to completion in accordance with a schedule reasonably acceptable to SCMC.
(c) Upon the occurrence of an SLI Event of Default, SCMC immediately shall terminate performance of the Work and make every' reasonable effort to mitigate its losses and damages hereunder; provided, however, in connection with such termination SCMC shall perform such acts as may be necessary to preserve and protect that part of the Work theretofore performed hereunder, SCMC shall retain all sums of money theretofore paid hereunder to SCMC, and SLI shall ' pay to SCMC a sum of money
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equal to the cost of the Work for all Work performed hereunder by SCMC for which payments have not theretofore been made hereunder and costs of shut-down and demobilization. SCMC's only remedies for an SLI Event of Default shall be those that are expressly set forth in this Agreement.
M Condemnation. If any part of the Property is condemned or otherwise taken under the power of eminent domain or conveyed in lieu of condemnation, SU shall receive a portion of the award that may be paid in connection with any condemnation or taking of the fee interest in the Property and SCMC shall also receive a portion of the award representing the value of the unexpired term of this Agreement, if any. In addition, if any part of the Property is condeHmed or otherwise taken under the power of eminent domain or conveyed in lieu of condemnation, and the condemnation or taking materially and adversely affects SCMC's occupancy of the Property, SCMC shall have the right to tenninate ids Agreement.
10. GENERAL PROVISIONS.
10.1 Successors and Assigns. The terms, provisions and conditions of this Agreement as set forth herein shall be binding upon and shall inure to the benefit of the patties and -their respective heirs, personal representatives, successors and assigns.
10.2 Counterpart.or.PuBlicate Copies. This Agreement may be signed in counterpart or duplicate copies and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.
M3
Each of the patties shall here
after execute all documents and do all acts necessary, or reasonable in the opinion of any
other party, to effect the provisions ofthis Agreement.
10.4 Entire Agreement. This Agreement contains the entire understanding and agreement between the parties and supersedes any prior understandings and agreements between them respecting the within subject matter.
10.5 Amendments. This Agreement may be altered or amended in whole or in part at any time by writing signed by all the parties.
10.6 Waivers. A waiver by any party of any breach of any of the provisions of this Agreement: shall not constitute a continuing waiver or a waiver of any subsequent breach by the breaching party either ofthe same or of another provision ofthis Agreement.
10.7 Governing Law. The laws of the State of California shall govern this Agreement
10.8 Severability. If any tens or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be found to be invalid,
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17cv1906 Sierra Club v. EPA
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void or unenforceable, the remaining provisions and any application thereof shall, nevertheless, continue in Ml force and effect wifliout bring impaired or invalidated in any way.
10.9 Notices. All notices or other communications required or permitted hereunder shall be in wilting, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice at the following addresses as evidenced ^by the execution of the return recript, or (ii) Three (3) business days after the date of posting by the United States Post Office:
To SLI "
Sycamore Landfill, Inc, 8514 Mast Blvd. Santec, CA9207I Attn. : Neil Mohr
Withacopyte
Allied Waste Services,'Inc. 8364 Claireinont Mesa Blvd. San Diego, CA 92111 Attn.: Jim Ambrose
To SCMC
South Coast Materials Company Post Office Box 639069 San Diego, CA 92163 Attn.: President
With a copy to:
Hanson Building Materials America, Inc. 300 East John Carpenter Freeway, Suite 1645 Irving, Texas 75062 Attn.: General Counsel
Notice of change of address shall be given by written notice in the manner detailed in this Section 10.9.
10.10 Attorneys''Fees. In the event that any party brings any action or files any proceeding in connection with the enforcement of its respective rights under this Agreement, or as a consequence of any breach by any party of its obligations hereunder, the prevailing party in such action or proceeding shall be entitled to have all of its attorneys' fees and out-of-poclcet expenditures paid by the losing party. As used herein, the term "prevailing parly" shall mean the parly to a suit who successfully prosecutes an action or successfully defends against it.
10.11 RecitakOaiomanOM The recitals of this Agreement are incorporated as part of this Agreement. The subject headings of the sections contained herein are inserted as a matter of convenience and for reference, and in no way define,
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limit, extend, or describe the scope of this Agreement, or any provision hereof. No provisions in this Agreement are to be 'interpreted for or against any particular party because that party or his legal representative drafted such provision.
10,12 Number and Gender. The use of the singular in this Agreement includes the plural and the use of one gender includes the others whenever the context thereofso requires.
10.13 Assignment. Tin's Agreement may not be assigned by either party except with the consent of the other party, which shall not be unreasonably withheld; provided, however, that a party ;may assign this- Agreement to an affiliated entity under common ownership with that party upon thirty (30) days' written notice to the otherparty, but wifliout the need to first obtain the other party's prior written consent
'
10.14 Signatory Authority, Any person signing on behalf of any party
hereto, hereby warrants and represents that he has authority to sign on behalf of such
party, and that such signature is intended to create a valid and binding agreement between
the parties and that no condition precedent exists as to the validity of such signature.
17cv1906 Sierra Club v. EPA
ED_001523A_00000221-00017
'N WITNESS WHEREOF, SCMC and SEI haw caused this Agreement to be executed as ofthe date first above written.
SOUTH COAST MATERIALS COMPANY
.
,
By:
Name:
/UC
Title:
X
Date:....... ..............g/^. e.g.Z........
SYCAMORE ^LANDFILL, INC.
C:WDoeumentsVtaWoiKtadfill dev ^Ass
17cv1906 Sierra Club v. EPA
1 ED_001523A_00000221-00018
W BaVtWmBIXT A
DESCRIPTION Of PROPERTY AND PROPERTY
17cv1906 Sierra Club v. EPA
19
ED_001523A_00000221-00019
17cv1906 Sierra Club v. EPA
ED_O01523A_00000221-00020
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1004
' is a . grpagrty
SYCMORBihKPII.i,
i
I
H# 066-031-06, 356-O31-1B 366-031-23,. - 3 66-031-24-,. 366-040-11, 366-0.0-17, 365-040-
18, 366-|o4O-33,`366-040-35, 3fe-040-36, 366070-14, ^66-070-61, 366-080-5)
Parcel 11 (73-0421)(
-
' Those portions of Dots 3, 4, 9 and 10 of the Resufeivision of
State ofCalifornia, according to Map thereof No. 551703, filed in
the Offide of the County Recorder of San Diego Cownty, .
February '28, 1918, described) as follows:
|| .... .
Beginning at the intersection of*- the center line Road Basement
No. 18. with, the center line of Road Easement No. i9 as sho-.m on
Sheet 1 dfi. 3' "o'f Miscellaneous Map No. 488., filed the office &
the County Recorder of San Diego County, May 3, if66, being the
"Nort"h.w.e"ste* rlycomer of land}'described in quitcla^n Deed to William j. Walsh, et ux, recorded August 17 1966 <gs File/Page No. '
124858 7 Whence along the center'line of said Roadasemenc No. 18
South 00^06'37" West, 416,95[ feet to an angle point in the boundary *>of said Wish' s lanpi thence along said fcwdsxy as
follows; South 6047'23" East 563.51 feet to the float Southerly . Corner of said land; North 34 19'09" East, 678.62 iljfeet to the '
moat Easterly comer of said land, and North 28O2'|' 31" West 568.72' feet to. the center- lip of said Road aseAt No. 19,
being a jfoint on the arc of M 500.00 foot radius &#* concave
Northwestierly, a radial
taid curve Wars ^uth 511O'Q9
East to said point; thence ajlong said center'linens follows:
Southwesterly along the arc pf said curve, through a central
angle of- ttS2041* a distance of 142.63 feet; t ' t to said curve- Sodth- SB10'32 West, |60, feet to the
tangent 00.00 foot radius cUrve, concave Wetherby.
Southwesterly along the arc M said curve, through a centr;H angle of 40'11'07" a distance of 350.68 feet to tfe Point of
Parcel 2 5(73-0422) ;
Bhat portion of Dot 3 of thei Resubdivision of Fanita Rancho, in the Cityiof San Diego, Count/ of San Diego, State of California, according to Hap. thereof No. 1703, filed in the Office of the County Recorder of San Diego County, February 28, 1918, described as followsConjnenciig at the intersection of the center line'^f Road -
Easement No. 18 with the conter line of Road Easesnt No. 19 as shown on Sheet 1 @ 3-of Miscellaneous Map No. 48i, filed in the
UJ-waw-st J
17cv1906 Sierra Club v. EPA
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Office*of the County Recorder!of San Diego County, lay 3, 1966;
thence al
the center line M said Road Basement to. IB, South
00'06'37" eSt.,...4.1.6...95 feet t the most Northerly Amer of land
described Quitclaim Deed-t Thomas Hunter HcManw, Sr., et w,
recorded Point of
" 5, 1966 as Pile page No. 109648 and thing the True
; thence
inuing along said cAter line
South 00 6'37" West, 732.05 eet (deed - 732.04 t) to the
beginning ofa tangent 1800.0 foot radius curve, < ipcav
Northw.e.s rly; and Southeast ly along 'the arc of i id curve,
through alcentral angle of 02 44'56 a distance :o 7.98 feat to
Southwesterly Corner of- said
us'land, thence
- boundary of said land as fell St. South 76'52'17
528.31
feet to th Southeasterly
of said land; Nor 01'49'58"
West, 625132 feet to an angl point -therein:; and &th 60"23* ,, .
West, 556633'.51 feet to the "
Point of Beginning.
- *,
Parcel 3 (73-0420):
Those portions of tots 3 Fanita .Ranchoj in the Ci state of California, accor
the office of the-county Re February |b, 1918, described
and 10 of the ResuboaLvision of
San Diego, County of San Dieg<to* - t Map therof No. 3803, fil<
Of San Diego coufey,
s feilowsr
Beginningiat the intersechi of 'the- center line o: Road Easement
No. 1 with the Easterly pro!
tion of the center: .ine f Road
Basement to. 19 as shown- on
et 1 of 3 of Misceli
Map No.
486, filed in the Office*of County, why 3, 1966, be:
County Recorder of;San Diego the Northeasterly ferner of land
described! as parcel 184 . ...
tclaim Deed to Donald E. Goodell,
et , recorded March 29, 19
42960; thence
along said prolongation and eaid center ..........Road Easement
Parcel i>as follows;* North819'42' .West, 100.9 .feet (deed 100.91 fegt) to the beginning of a tangent 300.00 Boot radius
. ' icave Southeasterlyl southwesterly along he arc of said
curve, t ough a central angle of 70'21'57, a dis ance of 368.43
feet;"
ent to said curve, South 21'18'21 West, 709.62 feet to ,
the
of a tangent Sto.00 'foot radius curv, concave
Northwesterly; and` Sout`hwesterly a~long the arc of' a. id curve, through a central angle of 17'31'30, a distance d 152.94 feet . to the motet westerly cwner 4>f said Parcel 184 of ood`ll's `l.aud" i . t'hence a'l*bng t. he -bound-ary said Parcel 184 as filos;
South 28'12.7.*.3.1' Bast, 5_6_8_._7__2 feet to the Southwesterly comer of said lanfe thence South 39'1^'09 West, 678.62 fe; thence South .
44'28'28'1 West, 385.39 feet;)thence South 80'00'2 East 391,23
fteest; ,,.pjneeee.. Saowutth vs4"_w 00:'SM7 West, 263,36 feet toi he
intersection of . the center 1: .ne t> Easement No. 1 i rich the . , Southwesterly prolongation ofc the center line of msement No. 13
as shownjon Sheet 1 of 3 of Miscellaneous Map No. >65, filed in
t*h:e -Offi ' of the county Recorder of San Diego Coifcty,
February15, 1965, being alsp thhee most Southerly cgobrsnaeer of leand *
describe^ in Quitclaim Deed
Donald E. Goodell,iit ux, recorded
ua-imMM i
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17cv1906 Sierra Club v. EPA
ED 001S73A nnnnnoo-i nomo
MZ./W02 1S1 X 8582787928
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PACIFIC WAS
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September 13, 1965 as Flle/p'ige Wo. 16582S; thenci along s.iid
proldhgatiion and said eenteriline North 48*59 <34 `past, 479.20
.
feet to 4 angle point in the boundary of said Goodell*s land `
last abode referred to; thenbe along said boundary as follows.North oq<27'i2* East, 666.50) feet to a corner thefein; North
8911'37'' West, 39.03 feet t<? a corner therein; North 0000'22"
East, 1380*00 feet to an mgte point therein; and Worth 74-06^28
West, 131.04 feet to the center line of said Easetnt,No. x;
thence along said center lint North 11-40'18" East, 218.66 feet
to the Point of Beginning. |
/
-
Parcel 4 i (73-0414) ?
i
2
*
?
'
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Taat portion of Lot 9 at theiResubdivision of Fan^a Rancho, in
the City lot San JSlego, County of San Diego, State Sof California,
according to Map thereof No. 1703, .filed in the Office of,the
County RScohI* of San Diegot County , February 28, |p.910, .deiscribed
as ollo^s s
'
`
|
Beginning at the Southeasterly terminus at the ce&er line of
-
Easement ta. "io as shown on ^heet 1 at 3 of Msceilaneous Mp Ko *
. 465, filed- in the Office of fehe County Recorder oM San. Diego
. County, February 1S, ^6S, Wing also a point on fee
`
Northwesterly line of land described as Parcel B-M-31 in
'
Quitclaim Deed to Andrew. Matyo, et al, recorded December 14, 1964
as File/Eage No. 226678; thence along the boundary' of said land, of Matto,! at al, as.follows:i South 40353'52 Wee?A 1033.16 feet
(record 7 South 40-53'30# West, 1033.31 feet) to H most . Westerly damer of said iand|- South 46-08'03" Eastjj, 722.60 feet
(record - South 46?*>08*25 Ea|t/ 722.70 feet) to toe most Southerly comer of said land; North 50-09'37 East (record -
North 50^09'15* East), 925.37 feet to the mast' Baoeerly corner of said landi North 56-54'32 Wfst (record - North SifrSi'50 West), 252*51 fdet to an angle point therein; North 13*39'54" West (record -< North 13-40'16" Wet),. 761*53 feet to Elfe most
Northerly-corner of said lanfe- and South 40*53'52' West (record South 40iS3'30" West), 25O.o| feet to the Point ol | Beginning
Parcel 51(73-0415) :
|
j;
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' Those -portions ot Lots 9 and| 10 at the Resubdivis of a part -ot
Fanica Rahcho, in'the City it San Diego, County of San Diego,
State of California, according to Map thereof No.' 1703, filed in
the Office of the County Recorder of San Diego County,
February 28, 1918, and that portion of Lot 73 of i>ncho Mission .
of San Dfego, in the City ofiSan Diego, County efipan Diego,
State of California, according to partition Map thereof made in
the actidn entitled "Juan M. Luco, et al, vs. The ifcommercial Bank
Of San Diiego, et al" under Superior Court Case No'ii.l 348 of San
Diego County, filed in said Recorder's office, des|cribed as
follows; j
i '
I
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17cv1906 Sierra Club v. EPA
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commencing at the intersection of the center line |f Spring
Boor
canyon Rofed as shown on City(Engineer's Drawing Ko 11023-lrD filed in phe office of the City Engineer of the City of San
Diego, Coimty of San Diego, ^'tate of California, within the ,
center line of Road Easement Ko. 19 as shown on Cl .y Engineer's Drawing No. 12253-1-D filed Jn the office of said ity Engineer; thence along said center line* South 6430-* 44* EasdiaSiOS f eet to the beginixing of a tangent 688 .00 foot radius curv h concave.
Southwesterly; thence Southeasterly along the arc Of-said curve ' being alpfig said center linev through a central ame of
33'01'55"! a distance of 345.91 feet; thence leaving said center `
line North 23'18'19" East 871.07 feet to the True foint of
.
Beginning^ thence North. 143?*59 East 716.39 feetill thence
radially south 76a33*07a Baste 788.68 feet to to. imarsectien with
the centep line of Road Easement No. 18 as shown o> said City
Engineer's Drawing No. 12253*1-D, said intersectiq| being a point
on, the .arc of a 1200.00 foot radius curve,, concavegWesterly;-
'
. thence- Southwesterly along the arc of said curve, Being alcng `
said center line -through a central tog le of 3*55* ** a distance
- of -82.14 feet;' thence tangent and -along said center line South 17'22'12 West "702.89 feet tp a point which bears South 71'27'13"
East frbmt the True Point of Beginning; thence Mort. 71'27'13"
West 754. S5- feet to the True- Pdint of Beginning, f
i
f
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Parcel 4 (73-0407)s
-
j
That portion of tot 73 of Rakcho Mission of San Di ^o, in the
City of Sha Diego, county of San Diego, State of California, accordingi to partition Map thereof made in the acAon -entitled
"Juan M. toco, et al, vs. The Commercial Bank of San Diego, er
al" underj Superior Court Case No. 348 on file in qhe office of `
,
the county clerk of san Diegl County,, described asg-follows;
Coamacin^ *t
ihterseeciin of the center lineBf Road
Easement po. i with the Southeasterly continuation of thecenter
line of Rbad Basement No. 12 as shown -on Sheet 1 df 3 of Miscellanbous Map No. 488, filed in the Office of fhe County '
Recorder pf San Diego- County) May 3, 1966:, being a point on the arc of a (800.00 foot radius Curve,`concave Northeasterly,.a radial lijne of-said curve be^rs South 38'24*16" Wefet, to said point; thence along the continuation of and the cAter line of
said Roadi Easement No. 12 as follows: NorchwesteAy along the
ape of saM curve, through a central angle of 51856* 06 a
distance pf 720.50 feet; tod tangent to Said curv4 North 00'00'22"! East, 268.68 feet to the most Southerly pomer of land described as Parcel 165 in deed to Frederick 0. fce,. ,.ec ,
recorded Tune 24, 1969 as Eiie/Bage Nd . 112744 andtbeing (the True Point of Beginning; thence along the boundary of id Parcel 165
of Horne'is land as follows: North 67'04'14" West, 1296.85 feet; North 4i'23*Q2* East, 816.82 feet to the Northerly line -of said
tot 73; allang said Northerly lipe South 89'08'54 asp, 624.56 feet to dhe Northerly prolongation of the westerly line of said ' Road Easefaent No. 12;,along, said prolongation Souii 00'00'22"
*
A4
: `
oszw"
17cv1906 Sierra Club v. EPA
ED nnitORA nnnnnood nnno.
12ZS1/2002 18:Sa Btt 8S8WS2a
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bims
West, 1041.13 feet to the Ndsrthweaterly- corner of said Road gaent No. 12; along the Northerly line of said load EasementNo. 12 South 7S900*3* East,! 30.67 feet to the center line of said Road Easement No. 12 add along-said center l:rie South 00'00'221 West, 71.32 feet to the True Point of Spinning.
. Excepting therefrom that portion thereof describer is follows:
J
.
J
:
Gommencirig at the inE>rsectlbn of the center line of Road
'
BasementjNo. 1 with the- Southeasterly continuation of the center
line of Road Easement So. 12 as shown an sheet 1 df 3 of- -
Miscellaneous Map No. 480, failed in the Office of the County
Recorderiof san Diego County, May 3, 1966, being joint on the
arc of ajeoO.OO foot radius>orw, concave NortheSsterly, a
radial line of said curve `bears South 38'24'16" west, to s.dd
point? thence along the continuation of and the center line of `
said Road Easement No. 12
follows: Northwesterly along the
arc ofsiid curve, through a central-angle of 51W'O6* a
distanceiof 720.50 feet: and tangent to said curv| North .
PO'OO'221 East, 260.68 feet |to the most Southerly!corner of land.
- descifibed as -Barcel 16B in Aed to Frederick Q., Wme, et'ux,' `
recorded June 24, '1969 as Fijle/Page No, 112744 j tSenee along' the boundary [of said Parcel 165 tofHoines land North.! 67*04 14 Wst,-
617.53 fdet to the True -oi Beginning: -thence continuing along said boundary of Parcel ,165 of Home's land this follows: North 67104'14 West, 679.32t feet North 41'23'02feast, 816.82 feet to 4he Northerly line A said tot 73: thencefeouth 94'M'W* East, aldng said Northerly lliae 292.37 feet, ctonae leaving said
Northerly line South 13'19'q4" West, 897.30 feet to the True .
PPooiinntt offjj BBeeggiinnnniinngg..
i
1
Parcel 7(73-0409-Al) :
I
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7
1
f
That `portion of tot '73 at Rancho Mission, of San Diego, in the
City of San Diego, County at San Diego, State-of felifotoia, accordin$<r to Partition Map thereof made in the action entitled
'Juan M. Luco, et al,' vs. The Commercial Bank of.^an Diego, 'et
al" under Superior Court Cato No. 348 on -file in We office of . the county of Clerk at San. Diego County, describe as follows:
Commencing at the intersection of the center line of Road Easement No. 1 with the Southeasterly continuation of the center line of toad Easement No. i as shown on Sheet 1 Uf' 3 of Miscellaneous Map No. 488, liled in the Office ofl the County
Recorderof San.Diego County, May 3, 1966, being .point on the arc of a`800.00 foot radius'[curve, concave Norths aterly,. a radial line of said, curve baara South 3i24*16* Wist, to said point; thence along the continuation of and the c jster line of . saidjRoad Easement No, 1Z Northwesterly along - challare of, said curve, through a central angle of 30'39'00 a distance of 427.96 feet to the most Easterly corner of land described as Parcel 166 in deed to Fernando L. Sola.i et al, recorded June, 24, 1969 as File/Pag No. 112743 in said Recorder's office ant being the True'
UiWUi
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17cv1906 Sierra Club v. EPA
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Point ofBeginning; thence along the boundary of shid Parcel 166
as follows: along the center' line of said Road Efsetnent No. 12, continuing Northwesterly and Northerly along the ^re .of said
curve, through a central angle of 20'57'06" a distance of 292.54
feet; thence tangent to said curve North 00'00'22 East, 268.68
feet to the Northeasterly corner of said Parcel 1; thence Worth 67'04'14' West, 765.91 feet; thence South 04ll`2(" East, 906.27 feet to the Northerly line cf that parcel of land described in
deed to the County of San Diego recorded February;8,- 1974 as File/Page No. 74-033846 in sfaid Recorder's office? thence along
said Northerly line North -85'48'34" East, 693.86 jest to the True.
point of! Beginning.
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parcel 81(73-0416)s
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Those portions of Mot 73 of Rancho Mission of San Diego,
according to Partition Map thereof made-in the ac ion entitled 'Juan WOwo et al, vs. The Commercial BanJc-of ^an. Diego, et
al* under Superior Court Case No. 348 on file in he office of ' the County Clerk Of -san. Diego' County, and. portion - of tots 9 and
10 Resubdivision of Fanita Rancho, according to Mgp thereof No. 1703, filed in the Office of the County Recorder f San Diego
County, February 28, 1918, ^11 being in the City f San Diego', County' of San Diego, State ^f California, describ d as a whole as
follows;;
j
oemn.cifag at the intersection of the center linei of Road
- Basment| Ho. 1 with the Sow heasterly continuation of the center
line of ftoad Easement No. 13 as shown; on Sheet 1 M 3 of Miscellieous Map No. 488, |iled in the Office on the county
Recorder; of San Diego County, May 3, 1966, being , point on the
arc of aj BOD. co foot radius curve, concave southel tsterly, in the
center lithe Of said Road- Easement NO. 1, a .
li.n.e of said
curve behrs North 56' 35'10" West to said point; tatence along 'the
. center Ijine of said Road BaAeaent No. 1: as; follow^; southwesterly
along the arc of said curve through a central anile of 21'44'32"
a distance'of'303.58 feet; and tangent to said cu*veSouth - 11'40'18i" West, 459.87 feet to the Northeasterly Corner of land
described in -Quitclaim Deed to Robert Newton Hunt p* Jr.,.... recorded August 25, 19-66 as File/Page No. 139126 ^nd being Che
True Point of Beginning: thfence continuing along ^aid center line 'South M'40'18" West, 102040 feet (deed - 1W0. feet), to the
Easterly prolongation of thfe center line.of Road basement No. 19
as shown on said.`Miscellaneous 'Map No. itt thencei*^ said prolongation and said cents 7 line of Road Basanets, No. 19 as
follows:: North 86'19'42" Wsst, 100.93 feet (deed - 100.91'feet)
' to
inning of a taageat 300.oo foot- radiusjfeurve, concave
rly; and Southwesterly along the arc of .said cuive,
through ia central angle of 55'27'02" a distance
185.62 feet to.
the most southerly corner op said Hunter's land; Whence along th
boundary of said Hunter's 1 ind as follows. 'Nbrtli 19'06' 2'" West,
292.82 feet; and North 72'1|4'44' West, 655.87 fe< to the center line of ;Road Easement No. ip as shown on said Miscellaneous Wp
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No. 488; thence along said?:4ntet line: as: follows:? Borti
17'22'12East, 702.89 feet ISo the beginning of a tangent 1200.SO
toot, radius- cuta, concave S<qMthwesterly; and Northerly along the
arc of said curve, through a `central angle: 04'39'
* distance '
of 97.54 feet to the rthwaeterly comer of' sai'd'
ten's land';
thence- along the Northerly line at Mid Hunter's
South
78'36'44.' East, 987.60 feet to the True Point of ginning.
Parcel 9 <73-0417):
Those portions of Lots 9 and 10 of the Resubdivis
Rancho, in the City of San Diego, County ot San D California, according to :Map thereof . 1703, fi
a Fatica.
>, State of in the '
Office of- the county Record
1918, desbribed as follows!
;
'
of - San Diego county February 28.,
Commencing at the intersect* of the. center line
Road
. Easement Wo. 1 With the .East rly prolongation of me center line of Road'msMtMht No. 19 as s own on Sheet 1 of 3 ofc :Miscelianeous: ' Map:. <8, filed in the O ice of the County Recorded of San
Diego County, May 3, 1966; enee along said pro!
tion and
said, censer line of Road Eas
t W.` 19 as foil
North
88*19'42^ West, 100.93 feet deed - 100.91 feet)
of a tapgent 300.00 foot rad ua'cuwe, " concave Smthwestierly along the arc f said curve, t
.a central *
angle of.i35*27*02" a dista of IBS.62'feet to
mostEasterly
comar OS- land described in
telata to Harry We t, recorded
September 13,'1966 as File/ e . 148437 and Point of Beginning? thence ong the boundary of land as follows: North 19*0 *29" West, 292.82 t
g th True id Weimer* s ; and North
72"14'* West, 655.87 feet 0 the center line of cad Easement ` No. 18 as shown on said Mis llaWMS Map NO. 488 thence along
aid center line South 17 12* fest, 419.:1L fee to the
Southwesterly corner of sai Weimer's land? then along the Southwesterly line of: said taer's.land South 56 7'22" East,
780,39' feet to the center
e of said Road Easement No. 13:
thence along said center 1 s as followst North ' 1*18'21 East/--, 23'3 .95 f|et to-the begin' of a tangent 300.00 oot radius
curve, concave Southeasterl ; and Northeasterly a ong the arc of
said curye, through a c
angle Of 34*54*55' distance of
182:.:81 fiet to the True Ro
of Beginning.
:
ParcelID (73-0419)t
Those portions of Lots 9
10 of the, Resubdivision- of Fanita
Rancho, in the City of San. iegb, County of San B ;ego, ' State ot
California, according to Ma .thereof. 1703, fi ed in the
! the Coutity Record r of San Biegs County 'February 28,
icribed as follows:
Conwencing at the intersect on of the center lint of Road: Easement)No. 1 with the Has erly prolongation of he- center line .of Road ^asement No. 19 as how on Sheet 1 of 3 if Miscellaneous
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Map Wo. 488;, filed in the Office of the County Recorder of San
Diego County, May 3, 1966 ; thence along said prolongation and said centir line of Road Easement No. 19 as fOllowS: ' North
88*19'42West, 100.93 feet (deed - 100.91 feat) td; the beginning of a tangent 300.00' foot radius curve, concave Southeasterly;
' Southwesterly along the arc df said curve, through!a central
angle of ' 7021'57" a distance of 368.43 feet; and-tangent to said curve South. 21'18'21 West, 233.95- feat-co the mos^ Easterly
corner ofland described in duitclaim Deed to David B. Devine, et
al, recorded July 1, 1966 as |File/Page. N^ 108768 and being the True Point of Beginning; thedce continuing along said center line '
' as follows.- South 21'18'2I"jWest, 475.67 feet to ;he beginning
. of a tangent 500.00 foot radius curve, concave Northwesterly;
. Southwesterly along the arc df said curve, through^a central
, angle of 83*52'll" a distanc^ of 295.57 feet; tangfent to said '
curve 55*jtO'32*-West, 260.47feet to the beginningiof a tangent
500.-00 fobs radius curve, concave Northerly; and Southwesterly
" ` along thefarc of said curve,I through a central ancle- of 4O''11'O7" -
a distance-'-of 350.68 feet tolthe center line of Mhd Easement No.
18 as shown on-said Miscellaneous Map No. 488; thehce along the
center line of Said Road Easement' NO. 18 as follow: North
'
00'06'37"; East, 391.26 feet
the beginning of a tangent 100.0.00.
foot radius curve-, concave Easterly; Northerly aldhg the arc of
said curve, through a central angld of 17'15'34" distance of
301.25 Met; and tangent to said curve North 17'2;'12" East,
686.46 fdet to the ost Nortnerly corner pt said land of Devine et al; thence along the Northeasterly line of sai^'land South
56'07'22* Hast, 780.39 feet to the True: Point of beginni' ng.
Parcel 11 173-0410);
Those portions. of Lot 73 of Rancho Mission of Sani Diego, according to Partition Map thereof made in the action entitled
"Juan M. ;Luco, et al, vs. Tha.Conmereial Bank M Ban Diego, et aln under Superior Court Case No. 348 on file in fhe office of
the County Clerk of San Diego County, and Lot 9
the
Resubdivision of Fanita Rancho, in the City of Sad Diego, County'
of San Diego, State of California, according'to p thereof No.
1703, filed in the Office off the County Recorder St San Diego
County, February 28, 1918, 11 being in the City M San Diego, -
County at Sari Diego, state - of; California, and beife more
.*
particularly -described as Mil:
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Beginning at the Northerly tfesminus of the center! line of Easement; No. 12 as shown on Sheet 1 of 3 of Miscellaneous Map No. 465, filed in the Office ofIthe County Recorder W San Diego County, 'February IS, 1965, eing also the Northwesterly corner of land described in Quitclaim Deed to Fred Eklund, bt al, recorded
September 27, 1965 as File/Page No. 175424; then along the center line of said Basement No. 12 and the Southeasterly continuation thereof as follows-. 'South 00'00'22'pTest 340.00 ' feet to the beginning of a tangent 800,00 foot radius cum, . concave Northeasterly; and -Southeasterly along tip arc of said
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curve, through a central angle of 51'36'06" a distance of 720,50
feet to the center line of Easement No. 1 as shateji on said
Miscellaneous Map No. 465; being a point on the aifc of a 800.00
foot radius curve, concave Southeasterly, a radial'.'line of said
curve beats North 56'35'10" test to said point; tlfcnce along.the
center line .of said Easement}No. 1 as follows: ' Northeasterly
along the arc of said curve.! through a central anAe of 08'13'05"
a distaste of 114.73 feet; non-tangent to said cufc North
42'31'20"; East, 528.78feet,ibeing a point on the krc of a
-
non-taugent 800.00 feet radius curve, concave Southeasterly, a
radial line of said curve be^rs North 48'22'05" wit to said
point; and Northeasterly alohg the arc of said cu^e, through a
central atagle of 47'25 '09 * 'a,l distance of 662 ..09 ffe; thence`at
right angjles to said center line North 00'56'56" fat, 30.00 feet
to a cornier in the boundary pf said land of Ekluni, et al; thence
along sasid boundary' as folloist South 89*03'04* fest, 398-41
feet to te. angle point therein; aod North 78'00'3^* West, 936.49
feet to dhe Point a Beginnitig.
. ....
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Parcel 14 (73,- 0413 J ;
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That portion of.Lot 9 of the Resubdivision. of Fanita Rancho, in
the City of San Diego, County of.san Diego, State ,of California,
according to Map thereof No. 1703,`filed in the Ofice of the
County Recorder of San Diego County, February 28, 1918, described
aS follows;
"
Beginning at the intersection of the center line of Road.Easement NO. M with the center line bf Road Easement No. as shown on *
Sheet 1 Of 3 of MiscellaneouB Map No. 465, filed fc the Office of the Countiy Recorder of San Diego County, state of California:,
February 115, 1965; being on the arc*of a MO-00 f^otradius
curve, concave Northeasterly, a radial line of' sa a curve bears South. 74'23'41" West to said point; thence along -he continuation of and the' center line of said 'Basement No. 10, Southeasterly
along the arc of said curve, through a central anle of 23'56'42"
a distance of 417.92'feet ta an 'angle point in th# boundary-of
Sarcel b4isi of Newport's land; thence along the boundary of said `
Parcel SAlSl as follows; Nteth 40'53'52" Bast, 2S0.00 feet;
.
South 13'39'54* .East, 761.58 feet; South 56'54'32 East, 2S2v51
feet to an angle point there; thence North 18'03'05" West, 1124.78 feet to a point on'the center line of Roas Basement' Nd.
1; thence along said center (line South 89'03'04" rest, 100.00
feet; thence North 03'22*2i" East, 30.08 feet: to he Northerly
'
line of Said Easement No. 1; thence along, the Nor herly boundary
of said .Easement 1 as follows: South 89'03'04 W st, 201.68 feet co the Northwesterly corner "of said Parcel B-151 f Newport's land; thence South 00*56'58'Bast, 30.00 feet toiphe center line
of said Easement No. 1, being a point on the arc df a BOO.00 foot
. radius curve, concave Southeasterly, a radial line of said cum -
bears North 00'56'56" West bo said point; thence -long said *
center line Westerly along the arc of said curve," through a . .
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entrai angle o 07'09*43 al distance of 100.O fiat te the Point
, of Befiarfihf,.
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Parcel li't-0*231 : `
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Those portions ai Lots- 3 an^ 4 of the Resubdivisi^i of Fan.ita
Rancho, jjn the City of San Kiego, County of San Diiago, State of
California, according to Map thereof No. 1703, fi^bd in-the "
Office os the.-County Recorder of San Diego County,' February 28,
1918, described as follows: |
. ~
Cpmmencfrig at the intersee
of the center line of Road .
'
Easement No.- 18 with the ceriter. line of Road Easeifent No. 19 -as shown on`Sheet 1 of 3 of Miscellaneous Map No. 48, filed in the
Office Of the County Record of San Diego Countyjl May 3, 19W,-
thence ajjong the center lina of said Road Basemen# rfo. 18, South-
^00406137^ West 1149.00 feet Ito the Southwesterly turner of land
described in Quitclaim Deed to Thomas -Hunter MeMafcs, Sr., et ux, recorded(July-5, 1366 as File/age No. 1096481 thnea along the
' Southerly line- of said McManus' land. South 76s52'" East, 528.31
feet to |he Southwesterly comer of land describe in Quit-laim Deed to Wmon lucios Robindon, et wt, recorded lily 28, 66 as
File/Pagi No. 123058 and beipg the True Point of fcginningj
thence along the `boundary of said
follctts:
North 01449'58" West 625.32feet to the most Northerly comer of
said land. South 44o28'28",ast, 385.39 feet to afi angle point *
therein;South 80'00'26" East, 391.23 feet to the center line of .
Road Easement No. 1 aa show! on -Miscellaneous Map o. 488; along
said center line South 040t'57" West, 263 feet; gad South OO'zfi'SS? West, 49.44 feet to -the Southeasterly corner of said ,
Robinsonis land;- thence aloitg the Southerly line of said Robinson land North. 87'12^3-7" West, 617.20 feetyto the True
Point ofj Beginning.
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Parcel 1< (73-0411):
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Those portions of Lot 73 of (Rancho Mission of San Diego , ,
`'
.according to Partition Map thereof made in the ac ion entitled '
"Juan M.Iajco, et al, vs. The Commercial Bank of an Diego, et al" under Superior Court ca^e No. 348 on file in ; he office of
the County Clerk of. San Diego County, and lots 9 nd 10 of the .
Resubdivision of Fanita -Ranstoo, in the City of,Sal Diego, County
of San Plego, State of California, according to
thereof No.
.1703, filed in the Office of the County Recorder Iff San Diego
County, February 28, 1918, all being- in the City f San Diego,
County of San Diego, State 4>x California, and described as a
whole asj follows-:- -
.
. |
Beginning at the intersection of the center line jlf Road Easement
No. 1 with the southeasterly continuation of the senter line of Road Easement No. 12 as shoyn o-a Sheet 1 of 3 of Mscellaceous < MsplNo. aft, filed in the- Office of the. County Reabrder of San Diego County, May 3, 1986, being a point on the ^c- of a' EOO.OO
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foot radius w, concave southeasterly, in the : enter' line of
said Road Easement No. 1, a radial line of said c xve bears North
'56'35'10* West to said point), thence along the ce ter line of
said Road Easement No- 1 as follows:. Southwester y along the arc* of said curve, through a central angle of 21O44'3 a distance of 303,58 feet; and tangent to said curve South ll'*4|'18w West
455.87 fpet to the Scnitheastterly cornerfit lima described in
'
Quitclaim Deed to Conrad B. Walburger, et ux, recorded July 22,
1966 as File/Page No. 1199611; thence, along the Sothecly line of
said Walburger's land North-78'36'44" West, 987.6# feet to the center line of Road. Easement! No. IB as shown on Miscellaneous Map
.No. 488, being a point on ttj.e arc of a 1200.00 fo,St radius curve,
concave Southwesterly, a radial line of.said cum bears south .
77'17'14" East to said point*; thence along the ceater line of
.
said Roafi Basement No. 18, wrthwesterly along thf are of said cum, through'a central angle of 39'14'19' a distance of 821.81
feet to the most Westerly cdmer of said WalbUrget's land; thence
along thb Northerly line-of said Walburger's landpNOrth 85'48'34"
Bast, 10^6.35 feet, to the.canter line of said Roa Easement No.
12, beinfaf a point on tte ar of a 800.80 foot raus ciirve, concave Northeasterly, a radial line of said curv> bears South
69'03'161" West to said point; thence along said center line and , tte continuation thereof Southeasterly along the i rc'of said m; through a central mile of >30'39'00" a distance of,427.96
feet to the Point of Beginning. *
,
Parcel Ip <73-0408):
{
'
Those polrtions of Lot 73 Of Rancho Mission of S J Diego , in th
City of {San Diego, County ox'San Diego, State of California, . abcordinig to Batti cion Map thereof made in the aOteim . enti tied
"Juan, M4 Duco, et al, vs* The Commercial Bnk of tan Diegc, et
al" under Superior Court Case No. 348 on file in che office of
the Cowity Clerk of San Diego County, and of 'Lot of the Resubdivision of Fanita Rancho, in th 'City of Sai Diego, County
of San Diego, State of California, according to Ap thereof No.
1703, filled in .the Office of th County Recorder tof San Diego
County, {February, 28, 1918, all being in the City*f San Diego,
County df San Diego, .State 6f California, and dedpribed as* a
,
whole ap follows! '
{
,
Beginning at the Northerly zeminus of the Weste^P-y line- of
Easement No. 12 as shown on Sheet 1 ai 3 of MiscAlaneous Map No.
465, filed in the Office of the County Recorder San Diego County,{February 15, 1965; thence South 78*00'38'LBast, 30*67 feet* to(the Northerly terminus of th center lini of said Easement Bo. 12, being the Northwesterly corner land described in Quitdlaini Deed to Fred Eclund, t al, recordeai.September 27, 1963 as;File/Page No. 17542; thence along the N&therly boundary of saidland of Eklund, et lai, as follows: South 70'00'38" East,
936.49 feet to an angle point therein, and North 89"03'04" Bast, 398.41 feet to a corner in the boundary of land dfescribed as ' Parcel 6^151 in Quitclaim D aed to James 2. Newpo: t, et wc,
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recorded Muguet 23, 1965 as ^il/Page No. 153083 ; Whence along
che Sorctterly line off said ln North ls*03 '04" B^c, 201,68 feet to an angle point in the Westerly boundary of land-described in
Quitclaii Deed to Jefffrian Corporation, et al, recorded August
19, 1965 hs File/Page No. 135461; thence along said Northerly
boundary as follows: North 03o22'21" East, 425.73 ^eet to an
angle point therein.; and North 03'27'27" East, 77^.48 feet to the
Northerly boundary of Said Rancho Mission; thence hlonf said-
Northerly boundary North. 89 '08' 54* est, 1617.81 teet to the
Northerly prolongation of the Westerly line- of sa^i Easement No. 12; theneje along said prolongation South 00*'00221| west, 1031.13
fest to dhe point of Beginning. .
.
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Parcel it (73-041B-W :
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Those portions of Lots 3 and 10 of the: Resubdivision of Partita
Rapctio, din the City of San Diego, County of San D^go, State of . ,, California, according to Map thereof No. 1703, filled in the
-- Office-of the County Recorder of San Diego County^ February 2'8;- " - 1918, and' that portion -of Lot 73 of Rancho Missiorjj of San biego,
according to -Partition Map thereof made in -the action entitled
.
"Juan M, Luco, et al, vs. The Commercial Bank of fan Diego, et
'
al" under Superior Court Case No. 348-on file in he office of -
the County'Clerk of San Diegp County, described a: follows:
Commencing at the intersection of the center line of Spring
Canyon Mad as shown on City Engineer's Drawing M. 11029-l-D `
filed inthe office of the City Engineer- of the C ty of San
Diego, County of San Diego, State of California, with the: center
line of ^oad Easement No.' 19 as shown on City Engineer's Drawing
No, 122S3-1-D-filed in the Office of said City Engineer; thence
along said center line South 64'30'44" East 183.0 feet to the
beginning ofa-tangent 6Q0.M toot radius Curve, Concave
Southwesterly! thence Southeasterly along the arc E~ said` -curve,
being aldng said center line, through a central 33'01'55'1 a distance of 345.91 feet to the True Beginning; thence leaving -said center line. North
71.07 ieet; thence South 71 27*13" East, 754,55
le of t of
'18'19" East, t to the
center line of Road Easement No. 18 as shown on d city
Engineerts Drawing No. 12253L1-Dj thence alo
center line
South 17122'12" West, 1105.57 feet to the beg
off a tangent
1000,00 toot radius: curve,.'concave Easterly; t
e Southerly
along thf arc of said curve, being along said er line,
through A central angle of 17'15*34 a distance , 301.24 feetr thence tangent to said curvd-and along said centej, line South
00'00'37* West, 391.28 feet no m intersectiicn " ' .t`he cent'.er line of Said Road Easement No, 19, said intersect on being a-
point onithe arc of a 500.00 foot radius curve, concave Northerly
whose center bears North 05S21'39" East, thence Northwesterly
along th arc of said curve, being along center 1 ne, through a
center angle of 69'21'14' a distance of 605.23- fe^t; thence tangent f said Curve and along said center line forth 15'17'07"
West, 686.17 feet to the beginning, of a tangent 6^0.00 foot
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radius curve, concave SoutMesterly; thence Worthyescariy along
the arc of said curve, being- along center line, ttrough a central
angle of 116*11'43" a distance at 169.60 feet to mete TTrruuee PPooiinntt ooff
Beginning.
.
Parcel ij (73-0412):
That portion of Lot 9 of th Resubdivision of a portion of Fanita
Rancho, in the City <of San Diego, County of San DLego, State of Californiaaccordi!ig to Map thereof Ko. 703
Office of the County Recorder of San Diego County February 20,
1918, described as follows:-
,
Beginning at the intersection of the center line to-Road Easement . No. 1 with the center line gf Road Easement No. 1| as described
in that certain Instrument recorded June 7; 1965 Is Eile/Page No.
101350- wherein the city of -san Diego was guiteialBed certain road
and sewe^r easements by the United States of America acting by and
- -torsugh, Me administrator of-General Services, .sasd inters action
' "being"a"^blnt"on the arc of an 800.00 foot ;radi c' urve, concave
Southeasterly -in 'the center line of said Road
`
to. la `
` radial line of said curve bdars North 08'06'39-"
t to said
point; thence along the center line of said toad meat to. i
as- foltoto; Southwesterly altos the arc of said |
, through a -
central'- angle of 40'15'26" 4 distance of 562.09 flet; non-tangeut
to said'eurve South 42'31'2(*" West 528.78 feet to! the beginning
of a tangent 800.00 foot racsius curve, concave So|theasterly;
` Southwestorly along the arc of -said curve, <throui a central angle ofl29*S7'3-8" -a distance of 418.33 feet-and Hon-tangent to
said curve south 11'40' 18" IW, 1698.73' feet to' toe Southwesterly corner of lana described, as Parcel 3'154 .in toltela! Deed to Joseph E. Selma, et al, record. July 30, 1965
as File/tage No. 137214; thence along the Boundary of said Parcel B-154 as;follows: .South 74to6'28" East, 131:04 ftot to an angle
point therein; and North 5QiO9'37" Bast, 1670.00 feat to the most . Southerly corner of land described as Parcel B*ll|31 in Quitclaim
Deed to Andrew Matto, et al; recorded December 14 1964 as
. File/Pagi No. 226670thence- along the boundary at'said Parcel
B-11-31 to follows;- North .44*08'03" West,`722.69 feet (record North 46*08'25" Wst, 711.7( feet) to an togle pcpxt therein; and
North 40*53'52" East 1033.16 feet (record - North 4.0'53'30" East
1033.31 feet) to the southetoterly teoainto of th center line of
said Road -Easement No. 10 being a point on:the as of a 1000.00 foot radius curve, concave Northeasterly, a radial line of said
curve betas South 50*26'59" West, to said point ; mence along said center line, Northwesterly along the arc of said- farve, through a
central angle of 23*56'42" ;. distance-of 417,92 Set to. the Point
of Beginning. .
,
'
J
'
Parcel l (63-5017);
;
|
Wose portions of Lots 4 anc9 of the RestodivtsiSn of a part of Fanita RtocWo, in the -City gf San Diego, County oi San Diego,
A-13
17cv1906 Sierra Club v. EPA
ED_001523A_00000221-00033
EXHEITB
IUGHT-OF-WAY MAP
17cv1906 Sierra Club v. EPA
ED_001523A_00000221-00034
17cv1906 Sierra Club v. EPA
ED_001523A 00000221-00035
EXHIBITC EINE MATERIALS CONVEYANCE AREA
17cv1906 Sierra Club v. EPA
ED_001523A_00000221-00036
17cv1906 Sierra Club v. EPA
ED_O01523A_00000221-00037
EXHIBITD ORAgWOPLAH
17cv1906 Sierra Club v. EPA
ED_O01523A_00000221-00038
17cv1906 Sierra Club v. EPA
3600
2400
1200
ED_001523A_00000221-00039
EXHIBIT E
Year 1 Year 2
Period Beginning
Jan-07 Jan-08
Period Ending
Dec-07 Dec-08
Proposed Monthly Royalty
$310,147 $325,654
Proposed Annual Royalty
$3,721,764 $3,907,852
17cv1906 Sierra Club v. EPA
ED_O01523A_00000221-00040