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HomeMy WebLinkAbout2012/05/01 Item 06CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISTA 5/1/11, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A CONSE T TO USE OF LAND AGREEMENT WITH SAN DIEGO GAS ND ELECTRIC COMPANY FOR THE ORANGE AVENUE LIB PARK SITE. SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENC REVIEWED BY: CITY MANAGER ~" ~'~ ASSISTANT CITY MANAGER ~-f 4/STHS VOTE: YES ^ NO SUMMARY For the past several yeazs City staff; working with the City Council, San Diego Gas & Electric (SDG&E), the Pazks and Recreation Commission, the Southwest Civic Association and other local community groups, has pursued the development of a new pazk on SDG&E property adjacent to the Orange Avenue Library. In May 2011 Council authorized staff to apply for Round Two Statewide Pazk Program Grant Funds to pay for the development of this pazk. On Mazch 26, 2012, the City received notification from the California State Pazk Office of Grants and Local Services (OGALS) awarding $2.8 million to the City of Chula Vista to design-build the new park in the Montgomery area of western Chula Vista. The grant requires the City enter into a "Consent to Use of Land" Agreement with SDG&E to allow the City to take possession of the site prior to issuance of the grant contract. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity consisting of the signing of a "Consent to Use of Land" agreement as part of a grant application is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity is part of a continuing administrative application process leading to an action which the City has not yet approved, adopted, or funded. Therefore, pursuant to Section 1506061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. 6-1 5/1/11, Item Page 2 of 3 BOARDS/COMMISSIONS Not applicable. DISCUSSION For the past several years City staff, working with the City Council, San Diego Gas & Electric (SDG&E), the Parks and Recreation Commission, the Southwest Civic Association and other local community groups, has pursued the development of a new park on an existing SDG&E parcel adjacent to the South Library. The park site is located in the Montgomery area of western Chula Vista, along the east side of Fourth Avenues and South of the existing Chula Vista Library building on Orange Avenue. The park site is zoned/designated to become a pazk in the City's General Plan. The park site will include active and passive outdoor recreation facilities. Lacking funds to build the Pazk, staff filed for the First Round of State Pazks Grant Program funding in 2010. Following denial of the First Round grant staff continued to work closely with the community and State Grant staff to file for the Second Round of State Park funding. On March 27, 2012, the City received official notification of a grant award in the amount of $2.8 million from the California State Pazks' Office of Grants and Local Services (OGALS) to build the South Chula Vista Librazy/Orange Avenue Pazk Project. Round two of the Statewide Park Program was very competitive and the City's project was one of 64 projects elected for funding from a pool of more than 400 applications requesting $1.3 billion. Concurrent with the application, staff began discussions with SDG&E to acquire sufficient rights to develop this park on the SDG&E property adjacent to South Library. The State requires that the City have possession of the property for at least 30 years with an additional 30-year option to renew. As a result of recent negotiations the City and SDG&E have reached a tentative agreement, which satisfies the State's requirements. Staff is requesting the City Council enter into a "Consent to Use of Land" Agreement with SDG&E, which will allow the City to take possession of the site. The grant award is contingent upon receipt of the signed Consent to Use of Land Agreement. The grant contract for acceptance of the grant award will follow receipt of the signed Consent to Use of Land agreement, California Environmental Quality Act (CEQA) analysis and compliance with a mandatory project manager/grant administrator training scheduled for April 19, 2012 in Sacramento. The OGALS anticipates this process will take approximately a month to complete. As such, staff anticipates the grant awazd contract will be scheduled for the City Council's approval on May 22, 2012, along with the appropriation of the funds in the Proposed FY2012-13 Capital Improvement Budget. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the property, which is the subject of this action. 6-2 5/1/11,Item Page 3 of 3 CURRENT YEAR FISCAL IMPACT Upon approval of the Consent to Use of Land Agreement the City will be responsible to maintain the vacant SDG&E property for the next 30 year's. It is anticipated the pazk site will be under construction resulting in no net impact to the General Fund in the current and next fiscal year. ON GOING FISCAL IMPACT Following construction of the Park it is anticipated the City will incur some water, services and supply costs to maintain the park. Additional staff to augment City Park gardening crews may also be necessary. ATTACHMENTS Consent to Use of Land Agreement Prepared by: Rick Ryals, Real Property Manager, Public Works Department I:\Engineer\AGENDA\CAS2012\OS-OI-12\SDGE Consent egreemen[FtEV2doc 6-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY T~-IE CITY COUNCIL,., 'len R. Googins City Attorney Dated: LS ~ Z CONSENT TO US E LAND AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E), AND THE CITY OF CHULA VISTA 6-4 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn; CP11D SPACE ABOVE FOR APN: A.P.N. 623-010-03, 16 Transfer Tax SAN DIEGO GAS & ELECTRIC COMPANY CONSENT TO USE OF LAND THIS CONSENT TO USE OF LAND ("Agreement") entered into by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ("SDG&E") and THE CITY OF CHULA VISTA, ("CITY"). SDG&E and CITY are sometimes referred to herein as the "Party" or collectively as the "Parties." WHEREAS, SDG&E owns in fee that certain real property located in the City of Chula Vista, County of San Diego, State of California as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); WHEREAS, CITY desires to use and occupy the Property for a public pazk and outdoor sports field ("Use") and to place upon the Property certain equipment and appurtenances necessary for this Use ("Improvements") as shown in Exhibit "B" and incorporated herein by reference; WHEREAS, SDG&E is willing to permit CITY to so use and occupy the Property under the terms of this Agreement; and subject to California Public Utilities Commission General Order 69(c). NOW, THEREFORE, for mutual and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 PROPERTY CONDITION. As of the date of this Agreement, the Property is undeveloped land upon which access roads and overhead electrical transmission lines (the "SDG&E Facilities") exist. 2.0 SCOPE OF CONSENT. 2.1 Consent. SDG&E hereby grants permission to CITY, and its invitees, ("CITY'S Invitees") to enter upon and occupy the Property for the sole purpose of developing, 6-5 1 occupying, utilizing and maintaining a public park and outdoor sports field ("Use") including by placing on and constructing on the Property certain equipment and appurtenances necessary for this Use ("Improvements") as depicted in Exhibit "B," and incorporated herein by reference, provided, the Use and the Improvements shall not interfere with SDG&E's ability to access, operate, maintain, service and repair the SDG&E Facilities. CITY shall provide SDG&E with copies of its plans for improving the Property consistent with the terms of this Agreement for SDG&E's review and approval. No other use is permitted under the terms of this Agreement. 2.2 Term . The permission to use and occupy the Property granted in this Agreement is for a term of 30 (thirty) years ("Term"). Upon termination of this Agreement, CITY shall discontinue its use of the Property as described in Section 2.1. Prior to expiration of the Term, SDG&E may at its sole discretion and without any obligation to do so, extend the Term for an additional thirty (30) years. 2.3 Improvement Replacement. SDG&E has the right to excavate, alter, improve, repair, replace, maintain and remove its facilities. However, CITY agrees to replace all damaged hardscape, paving, and landscape from said activities, at its sole cost and expense. 2.4 Archeological and Environmental. CITY acknowledges and agrees that there may be protected plants, animals, sensitive habitat and archeological sites (collectively, "Protected Environmental Resources") in the azea of the proposed improvements. SDG&E discloses that mitigation for damage by CITY or CITY's Invitees to Protected Environmental Resources is not covered by the SDG&E Subregional Natural Community Conservation Plan. Any damage caused by CITY or CITY's Invitees to the Protected Environmental Resources shall be mitigated by CITY and at CITY's sole cost and expense. 2.5 Posting of Signs. CITY shall post and keep signs along the Improvements and Use area, at its sole cost and expense, stating that the right to pass is by permission of CITY. 3.0 AS IS CONDITION. CITY understands and agrees that the Property is being made available to it "as is," "where is" and "with all faults" without any representation or warranty by SDG&E. CITY hereby acknowledges and assumes the risk that certain conditions, including Hazazdous Materials, may exist on the Property and CITY hereby releases SDG&E of and from any and all claims, actions, demands, rights, damages, costs or expenses which might arise out of or in connection with the condition of the Property. 4.0 EFFECTIVE DATE. This Agreement shall become effective on the date on which both parties hereto have executed this Agreement and delivered it to the other party. 5.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. CITY hereby further acknowledges and agrees that SDG&E has not made any representations or warranties and does not hereby make any representations or warranties, of any kind whatsoever; express or implied, including, but not limited to any representations or warranties that the Property now or in the future will meet or comply with the 6-s 2 requirements of any law, safety code or regulation of any applicable governmental agency or jurisdiction or that the Property is suitable for the purposes contemplated by CITY. Without limiting the generality of the foregoing, CITY hereby assumes all risk and liability (and agrees that SDG&E shall not be liable for any special, direct or indirect, consequential, or other damages) resulting or arising from or relating to CITY's use of the Property. Except as specifically set forth in this Agreement, no person acting on behalf of SDG&E is authorized to make, and by the execution hereof, CITY acknowledges that no person has made any representation, agreement, statement, warranty, guaranty or promise regarding the Property, or the transaction contemplated herein, or the physical condition or other status of the Property, and no representation, warranty, agreement, statement, guaranty or promise, if any, made by any person acting on behalf of SDG&E which is not contained herein shall be valid or binding upon SDG&E. 6.0 INSURANCE: DEFENSE AND INDEMNIFICATION. 6.1 Liability Insurance. CITY shall, at its sole cost and expense, carry commercial general liability insurance (or self-insurance for the same), naming SDG&E as additional insured, covering the insured against claims including but not limited to bodily injury, personal injury and property damage arising out of use of the Property and the Improvements, in an amount of not less than $2,000,000.00 per occurrence and $5,000,000.00 in the aggregate. Such insurance coverage, shall name SDG&E as an additional insured, contain a waiver of subrogation clause and across-liability and severability of interest clause and provide that such insurance coverage may not be modified or terminated except upon not less than thirty (30) calendar days prior to written notice to SDG&E. At the commencement of the term, CITY shall deliver to SDG&E certificates or policies evidencing such coverage. 6.2 Workers' Compensation Insurance. CITY shall, at its sole cost and expense, keep and maintain at all times, workers' compensation insurance (or self-insurance for the same), covering all persons employed in connection with its work and/or operations in compliance with any applicable state or local labor codes, acts, laws or statutes, and employer's liability insurance. 63 Defense. CITY shall, at its sole cost and expense, defend any claim or cause of action brought against SDG&E arising from a claim of physical damage to tangible property or injury, disease or death to person(s) arising out of the use of the Property by CITY or CITY Invitees, provided that SDG&E promptly notifies CITY of the institution of such claim or cause of action. CITY, together with SDG&E, shall have control of the defense (including the right to select and control counsel and control of any and all appeals) of any such claim and of all negotiations, but shall not enter into any settlement on such a claim without first obtaining approval of the settlement terms from SDG&E.. 6.4 Indemnification. CITY shall indemnify, defend and hold harmless SDG&E, together with its affiliates, officers, directors, shazeholders, employees, subsidiaries, partners, contractors and agents ("Indemnitees") from and against any and all claims, liabilities, damages, causes of action, losses, costs, expenses, demands, awazds and/or judgments 6-7 3 (including reasonable attorneys' fees and costs of in-house counsel) (collectively, "Claims") which the Indemnitees may sustain or suffer, or to which the Indemnitees may become subject, as a result of the Improvements and Use or arising from CITY's obligations under this Agreement. The Indemnitees shall give SDG&E prompt notice after receiving actual notice of any potential Claim entitling the Indemnitees to indemnification pursuant to the provisions of this Section and CITY shall Indemnify and hold harmless the Indemnitees from and against such claims and shall defend the Indemnitees with respect to any such Claim with counsel satisfactory to the Indemnitees. The indemnification set forth in this Section shall include any and all claims incurred by the Indemnitees in the nature of consequential damages, lost profits, diminution in value, or damage to reputation or the like and shall include Claims regardless of whether such Claims arose from SDG&E's negligence. 7.0 DEFAULTS/ENFORCEMENT. 7.1 Defaults. Any Party which commits a breach of any covenant, restriction, term or provision of this Agreement shall be considered to be in default under this Agreement if such Parry shall fail to cure such breach within thirty (30) calendar days following written notice from an aggrieved Party specifying such breach; provided, that if the nature of the particular breach reasonably requires more than thirty (30) calendar days to cure, then such Party shall not be considered to be in default of this Agreement if such Party commences to cure the breach within the foregoing thirty (30) calendaz day period and thereafter diligently pursues the same to completion. 7.2 General Remedies. In the event of any default under the terms of this Agreement, the aggrieved Party shall have the right to pursue an action against the defaulting Party for damages, injunctive relief or any other remedies at law or in equity. 7.3 Failure To Enforce Not A Waiver Of Ri¢hts. The failure of any aggrieved Party to enforce any covenant, condition, restriction or provision herein contained shall in no event be deemed to be a waiver of the right thereafter to do so, nor of the right to enforce any other covenant, condition, restriction or provision set forth in this Agreement. A Party shall be considered to have waived its rights only if such waiver is in writing. 8.0 REPAIR AND RESTORATION OF THE PROPERTY. CITY shall promptly repair any damage to the Property caused by or resulting from CITY's or any of CITY's Invitees' entry into the Property. Upon the expiration or earlier termination of this Agreement, at the sole discretion of SDG&E, CITY shall either 1) restore the Property to substantially the same condition as that which existed immediately prior to the commencement of the Term or 2) leave all or some of the improvements in place, as determined by SDG&E in writing, and those improvements left in place shall become the property of SDG&E. 6-8 4 9.0 COMPLIANCE WITH PERMITS AND LAWS. CITY shall .obtain all permits and approvals required by all federal, state, county, municipal or other local governmental authorities, bureaus or agencies ("Governmental Authority") in connection with any activity conducted by CITY in respect of the Property, the Use or the Improvements (collectively, "Permits and Approvals"). At all times during the. Term, CITY shall conduct all activities in compliance with (i) the terms and conditions of all Permits and Approvals, and (ii) all federal, state, county, municipal and other local laws, statutes, codes, ordinances, rules, regulations, directives, policies, decisions, guidelines and orders now. or hereafter applicable to CITY, the Property, the Use or the Improvements (collectively, as the same may be amended from time to time, "Applicable Laws"). CITY shall promptly notify SDG&E if CITY receives any notice of any violation of the Permits and Approvals or any Applicable Law. CITY shall cure any violation of the Permits and Approvals or any Applicable Law within ten (10) days after receiving notice of such violation, provided that if such violation is not capable of being cured within ten (10) days, CITY shall commence to cure such violation with ten (10) days and shall diligently prosecute such cure to completion. 10.0 HAZARDOUS MATERIALS. Neither CITY nor any CITY Invitee shall place, use, release, store or cause to be placed or used or stored any fuel, explosive or flammable materials or other Hazardous Materials on the Property in violation of any Applicable Law, including but not limited to any Environmental Law, provided, however,. that CITY shall promptly remediate, in accordance with all Applicable Laws, any contamination of the Property that results from the placement, use, release or storage of any fuel, explosive or flammable materials or other Hazardous Materials on the Property by CITY or any CITY Invitee. For the purposes of this Permit, the term "Hazazdous Materials" shall mean all chemicals; materials, substances and items in any .form that because of their physical, chemical or other characteristics may pose a risk of endangering human health or safety or of degrading the environment and aze regulated under any Environmental Law. For the purposes of this Permit, the term "Environmental Law" shall mean any Applicable Law relating to: (a) air emissions or the storage, use, release, generation, treatment, storage or disposal of hazardous or toxic wastes, wastewater dischazges and similar environmental matters, or (b) the impact of the matters described in the preceding clause upon human health or the environment, including but not limited to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 6-9 5 25249.5 et seq.), the Hazardous Substance Account Act (Cal. Health & Safety Code § 25300 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), and the California Clean Air Act (Cal. Health & Safety Code § 39000 et seq.). 11.0 DISCLOSURE REGARDING ELECTRIC AND MAGNETIC FIELDS. SDG&E hereby notifies CITY and the CITY Invitees that, if electric utility facilities exist within or near the Property, then electric and magnetic fields ("EMF") may be present. The medical and scientific communities have been unable to determine whether EMF causes health effects or establish any standard or level of exposure that is known to be either safe or harmful. Many researchers believe that if there is a risk of adverse health effects from EMF, the risk is probably low but warrants further investigation. SDG&E shall provide additional information regarding EMF to CITY upon written request. 12.0 MISCELLANEOUS PROVISIONS. 12.1 Notices. All notices to be given under this Agreement shall be in writing and either: • sent postage prepaid by United States registered or certified mail, return receipt requested, or • by national overnight courier providing proof of delivery, or Notice shall be sent direct to the other party at the address shown below, or at such other address as either party may designate by notice given in accordance with this section. Notice shall be effective upon receipt. Notice to SDG&E: San Diego Gas & Electric Company Attn: Manager, Land Management 8335 Century Park Court, Suite 100 San Diego, California 92123 Telephone: 858-650-4166 Notice to OWNER: City of Chula Vista City Attorney 276 Fourth Avenue Chula Vista, CA 92010 Telephone: 619-691-5037 These addresses may be changed by written notice to the other Party provided that no notice of a change of address shall be effective until actual receipt by the Parties of the 6-10 6 notice. Copies of notices, if any aze so indicated, are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. 12.2 Attorneys' Fees. If either Party files any action or brings any proceeding against the other arising from or related to this Agreement,. the prevailing party shall be entitled to recover from the other party as an element of its costs of suit and not as damages, reasonable attorneys' fees, costs and expenses incurred in the action or proceeding, including any appeal thereof. The "prevailing party" within the meaning of this section shall be the party to the action or proceeding who is entitled to recover its costs of suit for the proceeding, whether or not the same proceeds to final judgment. A party not entitled to recover its costs shall not recover attorney fees. 12.3 Entire Agreement. This Agreement and the attached Exhibit constitute the entire agreement between the Parties relating to the Property. Any prior consents, promises, negotiations or representations not expressly set forth herein aze of no force or effect. 12.4 Time of the Essence. Time is of the essence for each condition, term and provision of this Agreement. 12.5 Counterparts. This Agreement may be executed in one or more counterparts. Each counterpart shall be deemed an original and all taken together shall constitute one and the same instmment. 12.6 Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and effect. 12.7 Waivers and Amendments. A waiver of a breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by both Parties. 12.8 Construction. Headings at the beginning of each section and subsection aze solely for the convenience of the Parties and aze not a part of and shall not be used to interpret this Agreement. The singular form shall include plural and vice versa. 12.9 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to the principles of conflicts of law thereof THE PARTIES IRREVOCABLY AGREE THAT ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF THIS CONSENT SHALL BE BROUGHT IN A STATE COURT OF COMPETENT .iURISDICTION IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA. BY EXECUTION AND DELIVERY OF THIS CONSENT, EACH OF THE PARTIES HEREBY IRREVOCABLY ACCEPTS AND 6-11 7 SUBMITS TO THE JURISDICTION OF SAID COURTS IN PERSON, GENERALLY AND UNCONDITIONALLY IN CONNECTION WITH ANY SUCH ACTION OR PROCEEDING. 12.10 Drafting Party. The provisions of this Agreement have been prepared, examined, negotiated and revised by each Party hereto and their respective lawyers, and no implication shall be drawn and no provision shall be construed against any Party hereto by virtue of the purported identity of the drafter of this Agreement, or any portion thereof. 12.11 Assignment. CITY shall not assign or delegate the rights and duties created by this Agreement to any other party without SDG&E's prior written consent in its sole discretion, and any such assignment or delegation without SDG&E's prior written consent shall be null and void. 12.12 No Prescriptive Rights. In no event shall any party acquire any interest in the Property, including but not limited to any prescriptive rights, by virtue of this Agreement or any holding over on or failure to vacate or surrender the Property after the expiration or eazlier termination of the Agreement. IN WITNESS WHEREOF, the Parties have read this Agreement; understand it and desire to be bound by its terms as of the date first written above. SAN DIEGO GAS & ELECTRIC COMPANY, Land Services Manager ,;~~`~ APPROVED AS TO LEGAL FORM THE CITY OF CHULA VISTA By: Name: Title: R ~fFD ro 2 ku n ~~ ~1t C+r! I~TroeN~ 6-12 8 STATE OF ~~- ~~ U-h.l A COUNTY OF ~~ ~. ~ t ec, a )SS. On Y' I ~ ~ 0 g a ,before me ~ ' ~~ ~Qa L' ~ t~~ N(IIGI~ ~(A D~t C (name, title of officer), personally appeared - -~ who proved to me on the basis of satisfactory evidence to be the person(sI whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized. capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(,s) acted, executed the instrument. I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ~~Pa-(~ '~ C. P. PF.A OCK '` COMM. /1856583 . -araRr rueuc . cat~ort-xa ~ snN weco courm Cammissiwi E>q~ Ju13, 2013 + (Notary Seal) 6 913 STATE OF COUNTY OF - )SS. On ,before me (name, title of officer), personally appeazed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) 6-14 l0 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 6-15 11 Parcel 1 (APN 623-010-30; SBE 141-37-52A, parcel 4) That portion of the West Half of the Northeast Quarter of the Southwest quarter of the Southeast Quarter of the Southeast Quarter of Section 15, Township 18 South, Range 2 West, San Bernardino Base and Meridian, (said Southeast Quarter of the Southeast Quarter being designated as Lot 1) in the County of San Diego, State of California, according to United States Government Survey approved February 25, 1870, lying within a strip of land 250.00 feet in width, the Northerly line of said strip being described as follows: Beginning at a point on the Easterly line of Section 15, distant thereon North 0° 18'25" East 945.8 feet from the Southeast corner of said Section 15; thence from said point of beginning North 89°39'05" West, a distance of 1663.79 feet; thence North 71°11'00" West, a distance of 1051.05 feet to a point on the North and South center line of said Section 15, said point being also on the East line of the Subdivision of Fractional Lot 8, and the South Half of the Southwest Quarter of said Section 15, known as WALMERS SUBDIVISION, according to Map thereof No. 729, filed in the office of the County Recorder of said San Diego County, distant thereon North 0°20'30" East 1277.86 feet from the South Quarter corner of said Section 15; the above described point being also South 0°20'30" West 347.55 feet from the intersection of the East line of said Walmers Subdivision with the Southerly line of Quarter Section 144 of CHULA VISTA, according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County. Parcel 2 (APN 623-010-06, SBE 141-37-52, parcel 2) That portion of Lot 11 in Quarter Section 143 of Chula Vista, in the County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County, March 13, 1888, which lines Southerly of a line described as follows: Beginning at the most Southerly comer of Lot 15 in Quarter Section 118, according to said Map No. 505; thence North 5°48' 18" West 281.70 feet to an angle point in the Northerly line of the Southerly 275.00 feet of said Rancho de la Nacion; thence along said Northerly line North 83°16'4" West 1067.92 feet to the TRUE POINT OF BEGINNING; thence South 74°3'30" West 1614.85 feet. 6-16 EXHIBIT "B" CV Library Park Site at SDG&E Easement Park Master Plan Area 3.9 Acres Dated January 19, 2010 & September 2011 Updates Exhibit "B" was not recordable and does not appear in this document. It is located within the original document and can be located in the land records of San Diego Gas & Electric Company Land Services Department. As of the date of recording, the toll-free telephone number for San Diego Gas & Electric Company is 800-336-7373. 6-17 12 ~o - G~ I '~ ~ ~ A A~ C ~' U j O ~~_ tl S R' U LY.~ P~ i ___= _- _____I Tor ode aamork neo I -r ~ ~ I u I r, -~-,~-~ t, Y ~~ - afr SYV,Atl AC FbW bf .rw mlo~b ar! M 0.'a ~~n~~n~~~~i~~~ s;.,,°w`T°'°" ~+~r O~er•R~w PaT4f~q ~ z_r. um.rr ara ,~+ sf.pv fc n!+iro w .en ro e.s.r (rua brmrl ~ Y..~ w ~ ror /Pd mock aea (. Ezsb,y 59C~ rca ParkLag2nd -•-°~ '-_-~-=s-~-- _ _ pda,s<:,o.mxerss Multi Purpose Athletic Field (graded to 2R fall) Law water use planting. fnGosed Tot Lot Play Equipment Area with safety surfacing. Equipment appropriate for two (2) age groups Equipment to be grounded for easement purposes Permable paved area with N20 loading capacity Na curb ar gutter - stomr water to surface drain ~~ OffLeash Dog area enGosed with 6' ht.Grounded Fencing w/Gated Entry Represen£s SOGE Constru~{on~ointenance. Area unimproved or no above grade improvements ~~ Represents Tower/POIe setback area Gorge shrub/small tree - ~~ Shrubs (Typical) ~ possible shelter/seating location U ~ _ _ I ~ 1 s ,__ _ ~( ,. ~ - ~, ~~ ~, - ~ ~ @ '~~i i ..I aya.wACruau ~=....wf. 1 i /~1 r91 ZZ/MbvW9 WWbbbb/y NVnA !1 x '~ - _~P~ ~ ° _,~ 'j ~ u. a os A.' lef~ e s > ' t) f ass a ffcfa u a a / „ a f' ` ) : ~ ~~„t' x3, -. ~ . a r. v + + e,A i :,t . `fi .'. ~<. r k THUPlDER61RD M061LEHO~IE PARK Pork Genera! Notes 1. Areas without improvements shown to remain in existing unimproved condition. ZNo above grade improvements proposed within SOGE Construction/Maintenance Pad areas. 3. Neight limitation of all fixed improvements to be 76' maximum. 4. Tat tat equipment to be Non-conductive material e. g. poly prop., rope, wood, etc. S. Anticipated active useage to be down to dusk - Na proposed field lighting. 6. Basketball hal(--court -with non metallic hoop & board and grounded fencing. CV Library Park Site @ SDG&E Easement Prepared by CiTy of Chula Vista Landscape Architecture Division Development Services Department, Chula Vista, California FABULOUS CFIIENTE tviDBILE RANCH 7. Note She/ter locations approximate -locate so that na Shelter is direct/y below overhead wires - Typical Material and design to be approved by SDGkE. 8. Proposed walkway to be concrete and ar decomposed granite typical b' width minimum to 10~ width maximum. Nate if walkway within construction pad ores concrete thickness to be 5}'thick with rebar '~ ~ reinforcement. ~-c .~_ ~ ~ '''%" 9. Enhanced paving at entrance - H2O loading to ~- match the rest of the parking lot paving. Park Master Plan Area 3.9 acres 10' 30' S0' Scale 0' 20' 40' 100' .J~~~~~~ ~ 9. 2n ~ n ~o~, »„ „~~~,o~ RESOLUTION NO 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A CONSENT TO USE OF LAND AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE ORANGE AVENUE LIBRARY PARK SITE WHEREAS, for the past several years City staff, working with the City Council, San Diego Gas & Electric (SDG&E), the Parks and Recreation Commission, the Southwest Civic Association and other local community groups, has pursued the development of a new park on SDG&E property adjacent to the Orange Avenue Library; and WHEREAS, in May 2011 Council authorized staff to apply for Round Two Statewide Park Program Grant Funds to pay for the development of this park; and WHEREAS, on March 26, 2012, the City received notification from the California State Park Office of Grants and Local Services (OGALS) awarding $2.8 million to the City of Chula Vista to design-build the new park; and WHEREAS, the grant requires the City enter into a "Consent to Use of Land" Agreement with SDG&E to allow the City to take possession of the site prior to issuance of the grant contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does approve the Consent to Use of Land Agreement with San Diego Gas and Electric Company. Presented by Approved as to form Richard A. Hopkins Director of Public Works V Glen . G o ins City Attorn 6-19