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HomeMy WebLinkAboutReso 2002-188 RESOLUTION NO. 2002-188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHTS-OF-WAY ON PORTIONS OF ASSESSOR PARCEL NUMBERS 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, AND 644-090-03, FOR CONSTRUCTION OF PHASE III OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT SW-219), AND AUTHORIZING THE COMMENCEMENT OF CONDEIVINATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHTS-OF-WAY WHEREAS, in connection with municipal purposes, the City of Chula Vista must acquire interest in certain rights-of-way on Assessor Parcel Numbers (APN) 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, and 644-090-03 in Chula Vista, California, for the construction, maintenance, operation, replacement, removal, or enlargement of sanitary sewers and appurtenant structures for the Salt Creek Gravity Sewer Interceptor, Phase III, and related facilities, a public use ("Project"); and WHEREAS, public interest, convenience and necessity require the acquisition of sewer easement right-of-way interests together with temporary construction easements in said real property more particularly described and depicted in the attached Deeds and Exhibits A and B thereto, on file in the City Clerk's office, for said project; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in a previously adopted Environmental Impact Report (EIR), Salt Creek Interceptor Sewer EIR 01-03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary to address the proposed minor change to the sewer alignment and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, EIR 01-03; and WHEREAS, said project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property, and sewer easement fight-of-way interests together with temporary construction easements therein, are necessary for the project; and WHEREAS, said real property is located entirely within the territorial limits of the City of Chula Vista; and WHEREAS, the City of Chula Vista is authorized to acquire said real property, and sewer easement right-of-way interests together with temporary construction easements therein, for such public use by eminent domain pursuant, inter alia, to California Constitution Article 1, Section 19; California Government Code Sections 37350.5, 38900, 39040 and 40404; and California Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and Resolution 2002-188 Page 2 WHEREAS, the project is planned to be compatible with existing City of San Diego water pipelines and will not unreasonably interfere with or impair said existing public use as it exists or may reasonably be expected to exist in the future pursuant to Code of Civil Procedure Section 1240.510, et seq; and WHEREAS, offers to purchase the required interests in the real property necessary for the project have been made to the owners of record pursuant to Section 7267.2 of the California Government Code; and WHEREAS, the persons designated in Section 1245.235 of the Code of Civil Procedure, have been provided notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds and determines and hereby declares, by a vote of not less than two-thirds of its members, as follows: 1. That the above recitations are tree and correct. 2. That the staff report and all evidence presented at the public hearing on this matter have been reviewed and considered. 3. That the public interest, convenience and necessity of the City of Chula Vista, and the inhabitants thereof, require the project and improvements and appurtenances thereto. 4. That the project and improvements and appurtenances thereto to be constructed upon, over, under, along and across the real property described and depicted in the attached Deeds and Exhibits A and B thereto have been planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 5. The City Council fmds that the addendum prepared to Salt Creek Interceptor Sewer EIR 01-03 reflects the independent judgment of the City Council of the City of Chula Vista and hereby considered the addendum to the final EIR for the Salt Creek Interceptor Sewer (EIR 01-03). 6. That the real property, and sewer easement right-of-way interests together with temporary construction easements therein, described and depicted in the Deeds and Exhibits A and B thereto, are necessary for the proposed project. 7. That the proposed project is compatible with the existing City of San Diego water pipelines within the corridor of the proposed alignment. 8. That the offers, as required by Section 7267.2 of the California Government Code, have been made to the owners of record of the property to be acquired, and the notice and opportunity to appear before the City Council as required by Section 1245.235 of the California Code of Civil Procedure have been given. Resolution 2002-188 Page 3 9. That the City of Chula Vista, and ail appropriate officers, representatives and attorneys are hereby authorized and directed to acquire the reai property described and depicted in the attached Deeds and Exhibits A and B thereto, in the name of and on behalf of the City of Chula Vista, and to that end are hereby authorized and directed to commence and prosecute action(s) in eminent domain for the purpose of acquiring said reai property, and sewer easement right-of-way interests together with temporary construction easements therein, and to obtain court order(s) for immediate possession in the manner provided by law. Presented by Approved as to form by John/'. Lippitt ' t John M. Kaheny Public Works Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Caiifornia, this 4th day of June, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton~/Mayor ATTEST: Susan Bigelow, City Cle~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-188 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of June, 2002. Executed this 4t~ day of June, 2002. /~ Y~ ~)~oh... Su~an Bigel6v/, City Clerl~ Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 Thi~ Instrument Benefits City Only. No Fee Required. A This $~acefor Recorde?s Use Onl~ ~ APN(s) 1544-060-07, 644-060-12, 645-030-19 & 646-010-02 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stephen & Mary Birch Foundation, Incorporated, a Delaware Corporation. hereby grant(s) to the CITY OF CHULA VISTA, a murdcipal corporation, in tho County of San Diego, State of California, an easement and right-of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over, under and across that certain real property situated in said City of Chula Vista, more particularly described as follows: See Legal Description designated as Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by reference made a part hereof. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Signed this day of ., 20 Stephen & Mary Birch Foundation, Inc. BY: BY: It's It's (Notary Acknowledgment Required for Each SignatorY) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council'pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: EXHIBIT *A' PERMP~NENT EASEMENT LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF LOT 43 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITH1N A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 43, DISTANT THEREON NORTH 71°58'15'' EAST 344.76 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 69049'02" WEST 91.61 FEET: THENCE' NORTH 89049'02" WEST 9.19 FEET TO THE EASTERLY LINE OF LAND DESCRIBED 1N PARCEL I OF FINAL ORDER OF CONDEMNATION, RECORDED MARCH 28, 1996 AS DOCUMENT NO 1996-0154435 OF OFFIC1AL RECORDS OF SAID COUNTY. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF SAID LOT 43 AND THE EASTERLY LINE OF LAND DESCRIBED IN SAID PARCEL 1 OF FINAL ORDER OF CONDEMNATION. PARCEL 2: ALL THAT PORTION OF LOT 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITH1N A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON NORTH 27056'54" EAST 233.51 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE NORTH 53017'13" WEST 259.09 FEET; THENCE NORTH 67°50'11'' WEST 29.43 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 37, SAID POINT BEING DISTANT THEREON SOUTH 18037'56'' EAST 1746.73 FEET FROM THE NORTHWEST CORNER OF SAID LOT 37. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT 37 AND THE NORTHWESTERLY BOUNDARY OF SAID LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD. H:V_anddevetopment~ddf125~GRND~ocumentsIPh3EsmtLglstpermSewerEsn~2589*APN~3019'lgl~E'd~ PARCEL 3: ALL THAT PORTION OF LOTS 25, 26, 35, 36 & 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, 'COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON SOUTH 80014'08" EAST 509.24 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 53°17'13" EAST 567.56 FEET; THENCE SOUTH 73°33'35" EAST 320.41 FEET; THENCE SOUTH 47°42'29'' EAST 294.19 FEET; THENCE SOUTH 68°02'20' EAST 93.77 FEET; THENCE SOUTH 88°22'11" EAST 337.16 FEET TO THE BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 24°29'18" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20030'23", A DISTANCE OF 411.58 FEET; THENCE NORTH 86°01'05" EAST 94.64 FEET; THENCE NORTH 74°19'19' EAST 31.36 FEET T° THE BEGINNING OF A 1149.97 FOOT RADIUS . CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°23'22'', A DISTANCE OF 47.96 FEET, A RADIAL TO SAID POINT BEARS NORTH 13017, 19" WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 81035'57" EAST 524.64 FEET; THENCE NORTH 82°49'52,' EAST 404.17 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE soUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°44'29", A DISTANCE OF 110.76 FEET; THENCE NORTH 85°34'21" EAST 77.34 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°59'06'', A DISTANCE OF 119'.04 FEET; THENCE NORTH 82°35'15" EAST 404.49 FEET TO THE BEGINNING OF A 984.97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12052'03", A DISTANCE OF 221.20 FEET; THENCE NORTH 69°43'12' EAST 454.53 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°28'12', A DISTANCE OF 59.39 FEET; THENCE NORTH 71°11'24'' EAST 565.12 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°06'15'', A DISTANCE OF 44.03 FEET; THENCE NORTH 70005,09" EAST 401.49 FEET; THENCE SOUTH 85°06'34" EAST 310.21; THENCE SOUTH 75°15'22' EAST 439.83 FEET; THENCE NORTH 78°41'21" EAST 394.07 FEET TO THE BEGINNING OF A NON-TANGENT 2064.77 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL BEARING FROM SAID POINT BEARS NORTH 00o16'24'' WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°39'42~, A DISTANCE OF 456.29 -FEET; THENCE NORTH 77o03'54" EAST 143.70 FEET; THENCE NORTH 67000'53" EAST 333.22 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13o17'30", A DISTANCE OF 266.77 FEET, A RADIAL BEARING FROM SAID POINT BEARS NORTH 36°16'37' WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 40°59,39" EAST 645.25 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE H:V_anddevelopmentVddl~589GRND~ocuments~Ph3Esmt£gls~PennS -e'~e~$rnt~'APN~3019~l'PE'd~ 03/29/02 THROUGH A CENTRAL ANGLE OF 24°49'41", A DISTANCE OF 498.32'FEET; THENCE NORTH 65049'20" EAST 724.50 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°16'06", A DISTANCE OF 446.94 FEET; THENCE NORTH 88°05'26" EAST 274.05 FEET; THENCE NORTH 70°49'23" EAST 394.02 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 25, SAID POINT BEING DISTANT THEREON NORTH 15°40'36" WEST 1780.28 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 25. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR TO MEET AT ANGLE POINT INTERSECTIONS, AND TO.TERMINATE AT THE SOUTHERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD AND THE EASTERLY BOUNDARY OF SAID.LOT 25. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. · i~ERMAN DATE 336 ~XPIRES 12-31-2002 ' ~: ,~ X:,.~ .... o~'0,2. '-,.: . ~'..-~ '/~ ,, H:~Landdevek~mtVddf~25~gGRND~ocumentsIPh3EsmtLgIsIPermSewerE'=n~2589'APN~301g'~l~E'd~ 03,'29/02 EXHIBIT "B" o¢ NO.IBEARING ~ST~IC[:[ LEGEND: L14 N71'22'55'E ~o567~4'I ',INITY MAP (~ !A,O? WIDE STRIP DESCRIBED AS :XHIBIT U5 mB'ST56'W ~499.93'I IN DEED TO SOUTHERN CAUE )RHIA L16 NBO'i4'OB'W No MOUNTAIN WATER COMPANY REC. L17 N29'42'41'E 1~8.12'I 6-24-1912 IN BK. 570, PS. 113 DEEDS. OWNED IN FEE BY THE IIY Or SAN DIEGO. UB N7r58'31'E NO. BEARING ~STANCE L.2eN86~'~W U NBO1)2'O4"E 5064.31' C2l N27'56'54'E 1927,q/! L3 ~ L.2 NO2'21'54'W 2572.61' L~ N18T~oW 21~.OUl L~ NTr57'41'E 1554.00' L2~ N71'SS'15'E 2576.6q. LOT LOT L5,71~7'58'E 2640.~6' L29 ,71~7'58'E 2640.T/' LOT APN:$~-O~O-07 LT' N71T~'31'E 2641.40' L~ N18'40'~6~V/ 8171.45' 1_5 ' . L29 APN:644-060-08 APN:644-060-07 LOT LOT LOT LOT LOT 43 .38 33 2~ 23 ~ARCD. ~ OTAY FtANCHO SHEET 2 A~.:6~-o6o-~o LOT 24 APfl:$44-OBO- MAP 852 LOT LI~ LOT LOT 4-4 LOT 34 27 PARCEL 2 37 SEE SHEET L7 APR:645-030-19 SEE SHEETS 4-8 APN:S46-OIB-02 L14 GRAPHIC SC,A&E 6336 EXPIRES 12-31-2002 1'= 2000' CITY OF CHULA VISTA PE, RbI~NENT ASEblENT ACQUISITION & S S 0 C i A T g A.P.N. S 644-060-07, 12, 645-050-19 ,,,~, ~,,~,,,m, 646-010-02 CeTerde Office 76Q,~42.5141 ~05 11d,I Sh~d FQ~ 7~0.kX2.0164 POR. LOTS 25, 26, 55, 36, 37 ac 43 a~,Ao~ c~ ~4 PER MAP 862. ' EXHIBIT "B' I.0.1 DELTA IRmUSlUNo~.I 'ia poa~'o8'l 9,~p~m.?~'l N:6"-060-07 LOT MAP '" PROPOSED 20.00' WIDE '--1 9.1'9' PERMANENT I '.- ~' -- ~ EASEMENT eOUNDARY I / /'"' ~'~4 LOT 43, MAP 882 I / I PERMANENT 58'15'E 344.76' PARCi NO. EASEMENT 1.27 ------ POINT OF 2,o16 s.r. BEOINNINO PARCEL 1 5,771 S.F. CORNER LOT 218,209 S.F. 43, MAP 862 LOT CEL AREA TABLE LEGEND: REMAINDER EXISTING PROPERTY UNE, (EXCLUDES U.F. ORIGINAL & PROPOSED EXCLUDES U.F. PERMANENT EASEt~ENT U.F. UNDERLYING FEE, INCLUDES 1,797.~ ACRES 1,792.44 ACRES EXISTING ROAD, STREET & HIGHWAY EASEMENTS S.F. SQUARE FELT NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. I:.' :''!'': I PROFOSED PERMANENT EASEMEI'IT 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUOE O PARCEL 1 OF F NAL ORDER OF ROAO, STREET & HIGHWAY EASEMENTS. CONDEMNATION FOR ROAD EASEl,lENT TC 3. EXISTINO EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-14.-1869 IN BI(. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE THE CTY OF CHULA VISTA REC. ~3-28-1996 AS DOC. HO. 1996-1544;35 FROM RECORD. 4. EXISTING EASEMENT TO THE PACIFIC TELEPHONE & TELEGRAPH CO. REC. Q EXISTING SLOPE EASEMENT TO THE CITY .I.-15-1911 IN BK. 519, PG. 169 OF DEEDS. FALLS WITHIN LOT 55, MAP OF CHULA VISTA REC. 5-28-1996 AS 862. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. DOC. 140. 1996-154455 5. EXISTING ACCESS EASEMENT RESERVED IN FILE NO. 88-567316 REC. 11-4-1988 OF OFFICIAL RECORDS. FALLS WITHIN LOTS 25, 26, $5, 56, $7 Q EXISTINO TEMPORARY CONSTRUCTION & 43, MAP 862. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. EASEMENT TO TIlE ClIY OF CHULA VISTA 6. AN UNRECORDEO PUBLIC HIGHWAY AS MENTIONED IN BK. 653, PO. 22 REC. $-28-1996 AS DOC. NO. REC. 5-1-1914 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM 1996-154435 RECORD. ~ CITY OF CHLTL~ VISTA GRAPHIC, SOALE PERblAICENT EASEblENT 'ACQUISITION 100' 50' 100' ' A.P.N.'S 644-060-07, 12, 645-030-19 & C~e OliVe: 7SO.$,12,St47, ~ ~b.d Sba Fax 760.0U~64 POR, LOTS 25, 26, 35, 36, 37 & 1%- 100' r~nw, cx s~o:,4 PER MAP 862 PROPOSED 20.00' WIDE PERNIANENT EASEblENT LOT WESTERLY LOT 37, MAP 862 ~..~. BOUNDARY, DOC. ilO. ~,~.. 1997-0205421 IVIAP 80'2. OF BEGINNING LOT 37 WESTERLY CORilER, 140. 1997-0205421 ~:644-060-12 ~A..,C SC^U: CITY OF CHULA VISTA 100' O' 50' 100' A S S 0 C I & T g A.P.N.'5 644-060-07, 12, 645-0:30-19 c.-I,,." c,,~.8-,. 646-010-02 talk,: 7e~sl~ 1"= 1~' POR. LOTS 25, 26, 35, 36, 37 A 43 e~ ~ S~ F~ 7~.~01~ ~ ~ ~ PER ~P 862 EXHIBIT "B" SHT. 4 OF 8 SEE SHEET 5 ~ARCEL 3 PROPOSED 20.00' WIDE PERMANENT EASEMENT BOUNDARY DOC. HO. 1997-0205421 200' O' 100' 200' 3 ~WESTERLY CORNER ~. PER~ANENT ~SE~ENT NO. 1997-020542~ A.P.H.'S 644-060-07, 12, 645-030-19 ~ 646-010-02 POR. LOTS 25, 26, $5, 36, 37 ~ ~$ PER ~AP 862 55 EXHIBIT "B" SH~. SEE SHLC~"T 6 'ARCEL 3 PROPOSED DO' WIDE b=12'52'05" L=22! .20' . ~'~ k~) ~ ~2'25'22: ~ PROPOSED 20.00' WIDE. ~t=1149.97 ~ ~ ~ PER~NENT~SEMEHT ~,. ~ ~ S*01'O ~ ~, .~. .~ -~~ -~?~'?~', ~ ~,~,,,~.~.~.,~. ~ ~ ~p ~ TO THE Cl~ OF ~N ~EGO SEE SHED 4 C[~ O~ ~PHI~, ~ ~SE~ENT 2~' 100' 200' A.P.N.'S 644-060-07, 12, 645-0~0-1g 646-010-02 1'~ 200' POR. LOTS 25, 26, ~5, ~6, ~7 · 4~ PER ~AP 862 '' EXHIBIT "B" sm'. ~ o~ ~ S£E SHEET 7 PROPOSED 20.00' WIDE PERMANENT EASEMENT .He W_ (R) L~44.o3' TO ~E CI~ OF ~N DIEGO  ~ ~ISTINO WATER * REC. 7-10-2~1 AS DOC. x ~ 25.~' WIDE WA~R PARCEL 3 ' PROPOSEO 2O.OO' ~~: WIDE PERMANENT ~ ~ ~ ~ *s ~. ~0. 2116~9 EASEMENT ~1028'12~. ~ ~ q )0' ~ CEmERUNE ~ST~G R=23114.g~'~ x ~ S.O.G.k. E. ~SEMENT REC. 7599 O.R. (NO WIDTH) SEE SHE~ 5 GRAPHIC SCA~ PER~ANE~ ~S[~ENT 200' o' ~00' ~0o' A.P.N.'S 644-060-07, ~6-010-02 POR. LOTS 25, 26, S5, 36, ~7 · 4~ 1"- 2~' PER ~P 862 EXHIBIT "B" sliT. ? o~' 8 SEE SHEET 8 5 PROPOSED 20.00' WIDE PERMANENT F..ASEM[NT . APN:646-OIO-02 SEE SHEET 6 - ~ ~R^P.~c sCACE CITY OF CHULA VISTA 200' 0' 100' 200' J c,~(f,,,~, c,,~,,,~-, A.P.N.'S 644-060-07,.12, 645-030-19 & 646-010-02 Co,Fete, Olft~: 6o511,lrd Sired fox 76o.m.o1~4 1"-- 200' POR. LOTS 25, 26, $5, 56, 57 & 45 E,dd~ C~ ~20Z~ PER I,tAP 862. EXHIBIT "B" SH . (/ PROPOSED ~ 20.00' WIDE ,~. ~ ~. PERMANENT Z ~' ~ APN:646-030-02 ~ARCEL ;3 ~o. PROPOSED 20.00' WIDE ,.,', PERMANENT EASEMENT -G.  SEE SHEET 7 cR^P.,c SCAL~ CITY OF CHULA VISTA 200' O' 100' 200' PERMAI4ENT J e,.;,,.*, c,,,,.,.,. A.P.N.'S 644-060-07, 12, 645-030-19 Ceq~nd~ Ofllm 760.142~147 646-010-02 ~ ThUd Sad F.~ 76o.~o~64 1"= 200' POR. LOTS 25, 26, 55, 36, 37 & 43 a.*~ CA g2024 PER MAP 862. Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required APN(s) 644-060-07, 644-060-12, 645-030-19 & 646-010-02 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stephen & Mary Birch Foundation, Incorporated, a Delaware Corporation (Grantor) hereby grants to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California (Grantee), a temporary construction and access easement in, upon, over, under, and across that certain real properly situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT The Grantor grants to Grantee the right during consm~ction of Grantee's construction project to use the above described Temporary Construction and Access Easement, and for purposes incidental to the construction of Grantee's eomtmction project. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said termination date the Grantee shall have no further obligation or liability in connection with said parcel. Grantor shall not grant or dedicate any easement o~ easements on, under, or over the area without written consent of Grantee. Grantee shall have the right to erect} maintain, and nsc gates in all fences which now cross or which may hereafter cross the area and use a practical mute or routes of ingress and egress thereto and therefrom Grantee shall have the right to trim, cut and/or remove ~es, foliage and roots upon and fzom within the ~rea. Grantee has the right to deposit tools, implements, and other nmterials on the area and to u~lizc construction, automo~/ve, and other equipment therann when neeessmy for the purpose of exercising Grantee's fights hereunder. Signed this day of , 20__ Grantor(s)' signature(s): Stephen & Mary Birch Foundation, Incorporated, a Delaware Corporation It's It's (Notary Acknowledgment required for each signatory.) This is to cerll'fy t~hat the interest in real properly conveyed herein to the City Of Chula. Vista, a governmental agency, is hereby accepted by the undersigned~ City Clerk, on behalf o.f the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: EXHIBIT 'A' TEMPORARy EASEMENT LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF LOT 43 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OFSAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 43, DISTANT THEREON NORTH 71°58'15" EAST 344.76 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 69o49'02" WEST 91.61 FEET; THENCE NORTH 89049'02" WEST 9.19 FEET TO THE EASTERLY LINE OF LAND DESCRIBED IN PARCEL I OF FINAL ORDER OF CONDEMNATION, RECORDED MARCH 28, 1996 AS DOCUMENT NO 1996-0154435 OF OFFICIAL RECORDS OF SAID COUNTY. THE SIDELINES OF SAID 40.00 FOOT STR1P TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF SAID LOT 43 AND THE EASTERLY LINE OF LAND DESCRIBED IN SAID PARCEL I OF FINAL ORDER OF CONDEMNATION. PARCEL 2: ALL THAT PORTION OF LOT 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON NORTH 27056'54" EAST 233.51 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE NORTH 53°17'13" WEST 259.09 FEET; THENCE NORTH 67"50'11" WEST 29.43 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 37, SAID POINT BEING. DISTANT THEREON SOUTH 18°37'56' EAST 1746.73 FEET FROM THE NORTHWEST CORNEROF SAID LOT 37. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF .SAID LOT 37 AND THE NORTHWESTERLY BOUNDARY OF SAID LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD. H:[anddeve~d1i2589GRN~cuments~Ph3£smtLg~stTempC~nstEsmtt2589-APN645~3~19-`~TCE~d~c 03,'29/02 PARCEL 3: ALL THAT PORTION OF LOTS 25, 26, 35, 36 & 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON SOUTH 80°14'08' EAST 509.24 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 53°17'13" EAST 567.56 FEET; THENCE SOUTH 73033'35'' EAST 320.41 FEET; THENCE SOUTH 47°42'29' EAST 294.19 FEET; THENCE SOUTH 68002'20" EAST 93.77 FEET; THENCE SOUTH 88°22'11" EAST 337.16 FEET TO THE BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 24°29'18~ EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20030'23", A DISTANCE OF 411.58 FEET; THENCE NORTH 86°01'05' EAST 94.64 FEET; THENCE NORTH-74° 19' 19" EAST 31.36 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°23'22', A DISTANCE OF 47.96 FEET, A RADIAL TO SAID POINT BEARS NORTH 13°17'19" WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 81035'57" EAST 524.64 FEET; THENCE NORTH 82°49'52" EAST 404.17 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°44'29'', A DISTANCE OF 110.76 FEET; THENCE NORTH 85°34'21' EAST 77.34 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°59'06', A DISTANCE OF 119.04 FEET; THENCE NORTH 82°35'15~ EAST 404.49 FEET TO THE BEGINNING OF A 984.97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°52'03", A DISTANCE OF 221.20 FEET; THENCE NORTH 69°43'12" EAST 454.53 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°28'12', A DISTANCE OF 59.39 FEET; THENCE NORTH 71°11~24'' EAST 565.12 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°06'15', A DISTANCE OF 44.03 FEET; THENCE NORTH 70005,09" EAST 401.49 FEET; THENCE SOUTH 85°06'34'' EAST 310.21; THENCE SOUTH 75015'22'' EAST 439.83 FEET; THENCE NORTH 78°41'21' EAST 394.07 FEET TO THE BEGINNING OF A NON-TANGENT 2064.77 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL BEARING FROM SAID POINT BEARS NORTH 00°16'24'' WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°39'42', A DISTANCE OF 456.29 FEET; THENCE NORTH 77003'54'' EAST 143.70 FEET; THENCE NORTH 67°00'53' EAST 333.22 · FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°17'30", A DIST'ANCE OF 266.77 FEET, A RADIAL BEARING FROM SAID POINT BEARS NORTH 36°16'37'' WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 40059'39.' EAST 645.25 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE H:~.~nddeve~nentilddf12589GRND~Docume~ls~Ph3EsmtLgIsi TempC~nstEsmtt25~g'APN645030194gI- T~'d~ THROUGH A CENTRAL ANGLE OF 24°49'41~, A DISTANCE OF 498.32 FEET; THENCE NORTH 65°49'20' EAST 724.50 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°16'06', A DISTANCE OF 4~6.94 FEET; THENCE NORTH 88°05'26' EAST 274.05 FEET; THENCE NORTH 70049'23" EAST 394.02 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 25, SAID POINT BEING DISTANT THEREON NORTH 18040'36" WEST 1780.28 FEET FROM THE SOUTHEAST CORNER OF SAID'LOT 25. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD AND THE EASTERLY BOUNDARY OF SAID LOT 25. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. /~MF~ O. EYEIR~IAN DATE ~P.L.S~336 EXR1RES 12-31-2002 5~ ' ~ I' 3 '0>' ~, ~gxl ~' ' '" ~," ~ H:V-am~2589GRND~D~cument$~Ph3Esm~g~s~Temp~s~Esmtt258~APN645~3~1~-~g~TcE~d~c · . 03/29/02 EXHIBIT "B:' or BEARING DISTAN~ LEGEND: N71 '22'55"E: O 100' WiDE STRIP DESCRIBED AS EXHIBIT N18"JT'OB"W VICINITY MAP 'A' IN DEED TO SOUTHERN CAUFORHIA NO ~CALIE MOUNTAIN WATER COMPANY REC. 6-24-1912 IN BK. 570, PG. 113 OF DEEDS. OWNED IN FEE BY THE CITY OF SAN DIEGO. N27'56'54'E L3 ~ N1B':~7'O6'W N71'5895"E LOT LOT LoT APN:644-O~O-O? h5 ' h29 APN:6~-060-0~ ~.oT ~.oT ho~ ~.o~ ~.o~ PARCO. I OTAY FIANC;HO~ APH:644-070-08 SHEEr 2 APN:644-060-09 APN:644-060-12APN:644~060-10 LOT 2~ M^? 862 LOT L, 9 LOT LOT ~ LOT 3-4 27 PARm. 2 87 SEE SHEET c7 LOT LOT 46 L~ LOT LOT 8~ 35 '~.~ 28 $ APH:645-030-I9 SEE SHE~ 4-8'-- APN:646-OlO-02 L14 GRAPHIC SCALE  CI~ OF CHU~ ~STA ~o_ 6 TEMPO~RY ~SEMI ACQUISITIOH ~ e.,~t,,.~, ~,,~,,,H,. k~'~ ~1/O2/~///~// A.P.H.'S 644-060-07, 12, 645-0~0-19 & ~ ~. 7m~m ~, ~ ~// 646-010-02 ~ ~ s~ ~ ~, ~ CA~ POR. LOTS 25, 26, 55, 56, 5~ & 4~ ~ ~ ~4 ~ PER MAP 862 EXHIBIT "B" INo. I mT^ Ir mUSIU G i ~NG ~ST~ ~ ~ ~5~4'~ 1~.~ ~ 1~ .~16~ 1~9.21 N69'49'02~ ~.61' ~ ?ROPOSED 20.00' ~OE ~ PER~N~T ~SEMENT PER SEPA~TE ~ 9.19' NOTES: I / B~ND~Y ~. A~ DIMENSIONS SH~ I /~ ~ ~T 4~, ~ 862 HEREOH ARE COMPILED FROM ~ / RECORD DATA. 2. EXI~ING PROPE~ N71o~'IS'E ~D AR~S ~7 - POINT OF SH~H NEREOH ~CLUDE CORNER LOT ~GINNING RO~, STRZ~ · H~GHW~Y ~, ~P 86~ PARCEL 1 P~CEC ~, ~LST~NG USEMgNT TO THE PROPOSED ~ ~ ~,Z~, <~v~cc BROTHERS WATER CO. 40.00' WIDE ~GEND: ~EC. ~0-~4-~869 m BK. 7, TEMPO~RY PG. ~24 OF DEEDS. ~CT ~I~ING PROPER~ UNE, CO~T~ON C~HNOT SE ~SEMENT ~CCUDES U.~. D~ERUINEO F~M RECORD. 4. EXISTING ~SE~EHT TO THE U.[. UNOERLYING FEE, INCLUDES P~C~lC TECEPHOHE ~ ~ER PARCEl. ~ TAB~ ~mG RO~D, STRE~ T~R~PH CO. REC. REMAmOER H~G~Y ~SEUENTS ~-~-191~ IH BK. 5~9, PG. (EXCLUDES 169 OF DEEDS. FA~ WITHIN ~Ol~ ~ PROPPED S.[. ~E F[~ LOT 55, MAP 862. ~CT EXCLUDES U.F.) PE~NENT ~ENT) ~ : '~=' I PROPOSED PERMANE~ ~SEMENT L~TION CANNOT BE 1,79~.63 ACRES 1,792.~ ACRES PER SEPA~TE O~UMEHT )~[RMINED FROM RECORD. 5. ~ISTINO ACCESS EASEMENT ~ P~SED EMPO~Y ~S~ qESE~ED IN FILE HO. * INDI~TES AR~ OF PROPOSED ~ PARCEL 1 OF FINAL ORDER OF 88-567516 REC. 11-4-1988 TEMPO~RY ~S[M[NT ~ES NOT CONDUCTION FOR 'R~D ~SEUE~ TO OF OFFICIAL RECORDS. FA~ INCLUDE PROPOSED PER~NENT THE Cl~ OF CHU~ VI~A REC. WITHIN LOTS 25, 26, 55, 56, ~SEMENT AR~. 5-28-1996 AS ~. HO. ~996-154~5 57 ~ 43, MAP 862. E~CT LO~TION CANNOT BE ~SEMENTS AR~ TAB~ EX~STmO SLOPE ~SEMEm TO THE C~ DETERMINED FROM RECORD. PROUD ~SEO ~ OF CHU~ VISTA REC. ~-28-~996 6. AN UNRECORDED PUBUC TEM~ PE~NENT DOC. NO, 1996-1544~5 HIG~AY AS ME~IONED IN PARCEL NO.~[MENT ~SEg~ BK. 655, PG. 22 REC. 1 * 2~016 S.F. 2~016 S.F. ~ EXISTING TEMPO~RY CONSTRUC~ON 5-1-1914 OF DEEDS..E~CT 2 * 5~771 S.F. 5~1 S.F. ~SEM~T TO THE CI~ OF CHU~ VISTA LOCATION CANNOT BE 5 * 218~209 S.F. 218~2~ S.F. REC. 5-28-1996 AS DOC. NO. FRO~ RECORD. 1996-154455 GRAPHIC, SCA~ TEMPO~RY ~SEMENT ACQUISITION 100' 50' 1~' A.P.N.'S 644-060-07, 12, 645-030-19 , h.l,,,, ~,,,,,-,, 646-010-02 ~ ~ ~ fox ~[om POR. LOTS 25, 26, 55, 1"~ 1~' ~ ~ S~4 EXHIBIT "B" sm'. ~ o~' ~ ~. APN:644.060-12 "~; .6~'~'.'w "- 20.00' WIDE PERMAI, IENT EASEMEHT PER SEPARAI~ DOCUMENT PARCEL 2 LOT PROPOSED WESTERLY BOUNDARY---..,.. ,00' WIDE LOT 37, aAP 862 TEMPORARY EASEMENT ~ORTHW£ST£RLY ~.~, BOUNDARY, DOC NO. ~,~,., 1997-0205421 MA? 862 OF BEGINNING L,C,(..O_F _/~/~ ~ PARCEL 2 WESTERLY CORNER, DOC*--., ~//~c-Jo- LOT 37 J GRAPHIC SCALE CITY OF CHULA VISTA 100' O' 50' 100' ~IENT & S $ 0 C I A T g A.P.N.'$ 644-060-07, 12, 645-030-19 c.,f..", c..~...-.* 646-010-02 ~ em.: 7SO.-e~.S~47 1"= 100' ~05 ~ Slmf Fmc 760.6~2.0t64 POR. LOTS 25, 26, 35, 36, 37 &: 4,3 F.~r~, CA 9~,( PER 1dAP 862 EXHIBIT "B" s~. 4 OF SEE SHEET 5 PROPOSED 20.00' WIDE PER~&I~NENT EASEMENT PER SEPARATE DOCUMENT PARCEL 3 PROPOSED 40.00' WIDE TEMPORARY EASEMENT BOUNDARY DOC. NO. 1997-0205421 GRAPHIC SCALE 200' O' 100" 200  1"~ 200' APN:645-030-19 BEGINNING PARCEL 5 C~ £) APN:644-060-12 C~ O~ CHU~ ~WESTERLY CORNER D~. TEMPO~RY ~SEMENT ACQUISITIOH NO. 1997-0205421 A.P.H.'S 644-060-07, 12, 645-050-19 646-010-02 POR. ~OTS 25, 26, 35, 36, 37 A 43 PER MAP 862 EXHIBIT "B" s T. · ~ CO\ - SEES.H.£ET 6 PROPOSED 20.00 WIDE C.~.'.~, PERMANENT EASEl,tENT . "C~.\ PER SEPARATE PARCEL 3 \~h.~,,, '. A~12°52'03" PROPOSED 40.00' WIDE'. ~ , ,-~ ~ ~o.oo, w,oE Ai=2°23'22'' PERMANENT EASEl,tENT PER SEPARATE N~4.o~9.~9 L--4.?.90' / DOCUMEHT ~'0.5"E ~ PROPOSED 4-0.00' WIDE ..~ ~4..64. ~ / TEUPORARY ~SE, ENT '-o A=2'Sg'06" T' L=~9.04.' · ~ ~o LEGEND:  ~ 77.,t4- I[,,b--2"44-'29" k,~ EASE~EI4T REC. 8-20-19g! x '~- R=2~,,9~' ~ nu: No. ~99~-04268~ ~ ~!~ / ,.o0. r~ ~x,sTmo WAT£R r. Asm~ x. /~.].kh'-''''''-'''~' x,~ TO THE CITY OF' SAN DIEGO -.,o.oo~ ~ ~, No. 2~-o,z~o~ 20.00' 8.0~'~, ~ ¼'~ \ .~'~., '~o ,,.,,,...,.,..,.,, g3.77' SEE SHEET 4 CITY OF CHULA VISTA GRAPHIC SCALE 200' O' ~00' 200' TEMPORARY A.P.N.'S $$'l-050-0~, 12, ~§-0~0-19 & $46-010-02 ~', 200' POR. LOTS 2§, 26, $$, ~$, ~? & 4~ PER IAAP 852. '" EX/'-ZIBITsEE S,EET"B" S.T. 6 OF 8 20.00' WIDE r'"~ ~ PERMANENT EASEMENT ,,r-) ~] PER SEPARATE DOCUMENT NOOO16'24"W (e) PARCEL 3 40.00' WlOE .~ ~- TEMPORARY EASEMENT L,=44.03' o- ~- LEGEND: C:3 ~ EXISTING WATER EASEMENT TO THE CIIY OF SAN DIEGO ~*~ ~ REC. 7-10.2001 AS OOC. ~ NO. ZOOl-047~OIS 25.00' WlOE WATER . ~ EASEMENT TO THE CITY OF' PROPOSED 20.00' PERMANENT EASEMENT ~, \ ~ SAN DIEGO REC. 11-97-$$ PER SEPARATE DOCUMENT A=1°28'12' ~ O CENTERUNE EXISTING 7599 O.R. (NO WIDTH) PARCEL $ ~ ~ PROPOSED 40.00' SEE SHEET 5 ~ c* ~ TEMPORARY EASEMENT CITY OF CHULA VISTA GRAPHIC SCALE TEMPORARY EASE~IENT 200' O' ~OO' 2OO' A.P.H.!S 6~,4-060-07, ~2, 645-050-~9 ac 646-0~0-02. POR. LOTS 25, 26, $5, 36, ~'- 200' PER ~AP 862 EXHIBIT "B" s~. ? or ~ SEE SHEET 8 20.00' WIDE P£RIL~NENT EAS~ENT PER SEPARATE DOCUUENT PROPOSED 40.00' WIDE TEMPORARY [ASD,tENT APN:646-OIO-02 3pd 143.70' SEE SHEET 6 ~ ~ sc~ts CITY OF CHULA VISTA 200' GRAPHIoC' 100' 200' TEMPORARY EASEiAENT ACQUISITION J c,,q,,,,(, h,.,,,-,-,, A.P.N.'S 644-060-07, 12, 645-050-19 c,.~r~ ~ 7~oJ4uu7 646-010-02 ,5 n~ ~ ;.x ?~o.ez.ol~4 1"= 200' POR. LOTS 25, 26, :5, 56, 57 &: 45 [,~r.~ cA ue24 PER MAP 862 ' EASTERLY APN:646-010-02 LOT 25. ~4AP 862 20.00" WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT 0 q ~ PROPOSED ~ 40.00' WIDE Z · ,~ w TEMPORARY ~,.. c:3 AP1,1:646-010-02 EASEMENT )ROPOSED 20.00' WIDE PERk'IAI, IENT EAS£~EHT PER SEPARATE DOCUMENT PROPOSED 40.00' WIDE TEMPORARY EASEMENT SEE SHEET 7 CITY OF CHULA VISTA GRAPHIC SCALE O' ~00' 200' TEIdPORARY A.P.N.'S 644-060-07, 12, 645-0:50-19 & 646-010-02 1"= 200' POR. LOTS 25, 26, 55, 36, 57 & 4:5 PER MAP 862 ' ' Recording Requested by and Please Return to: City Clexk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City .Only. No Fee Required. ~, This $~ace for Recorder's Use Onl~ ~ APN(s) 646-010-03 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company hereby grant(s) to the' CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California, an easernent and right-of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over, under and across that certain real property situated in said City of Chula Vista, more particularly described as follows: See Legal Description designated as Exhibit "A" attached h~reto and by reference made a part hereof. As more particularly shown on a map designated as Exhibit "B' attached hereto and by reference made a part hereof. Together with the right to enter upon and to pass and repass, over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set fo~h above. Signed this day of ,20 Otay Land Company, LLC BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW', CITY CLERK By: Date: EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 16 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, !900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 16, DISTANT THEREON NORTH 18040'36" WEST 1780.28 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 70°49'23? EAST 313.59 FEET; THENCE NORTH 47°26'26" EAST 510.19 FEET TO THE BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 35050'23" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°43'51", A DISTANCE OF 255.52 FEET; THENCE NORTH 66053'28" EAST 344.47 FEET; THENCE NORTH 63023'58" EAST 373.30 FEET TO THE BEGINNING OF A 1699.95 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16051'06'', A DISTANCE OF 499.98 FEET TO THE BEGINNING OF A REVERSE 1699.95 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8025'33", A DISTANCE OF 249.99 FEET, A RADIAL FROM SAID POINT BEARS NORTH 18°10'29" WEST; THENCE NON- TANGENT TO SAID CURVE NORTH 79003'59'' EAST 151.96' FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 16, SAID POINT BEING DISTANT THEREON NORTH 18°41'17" WEST 2072.77 FEET FROM THE SOUTHEAST CORNER OF SAID LOT. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY AND EASTERLY BOUNDARY OF SAID LOT 16. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. ES Cl.]EYERMAN ' DATE · 63~6 EXPIRES 12-31-2002 ~ ~.,hNl) '~.': "L o. //, / :., H:lL~nddeve~pmen~dd~2589GRND~D~cuments~P~3EsrntL~slPerrnSewerEsm~25~APN646~1~3~g~PE.d~c 03/'27/02 EXHIBIT "B" ~~ LARO£R PARCEL AREA TABI r I ~S~ED~S ARr:A TABLE I ([XCtWES U.F. ORIGI~L & PROPOSED I EASEMENT EXCLUDES U.g P£RMANENT VICINITY IdAP 488.67 ACRES 486.U ACI~S NO .... / ., ~. 6336 ~ %~ SHEET 2 ~ ~GEND: ~IS!ING PROPERS' LINE, EXCLUOES U.F. U.F. UNOERL~NG FEE, INCLUDES EXISTING ROAD, STRE~ NOTES: HIG~AY 1. ALL OIUENSIONS SHOWN HEREON ARE CO~PILED FROU RECORD DATA. 2. EXISTING PROPER~ BOUNOARIES AND AR~S SNOWN HEREON 53. ~ [EET EXCLUDE ROAD, STREET ~ HIG~AY ~5E~ENTS. ~ 1~' WIDE STRIP OESCRIBEO AS 5. EXISTINO EASEME~ TO THE KI~LL BROTHERS WATER CO. REC.~ ~RIB~ 'A' IN OEEO TO 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT SO~ERN ~LIFORNIA MOUNT~N BE DETERMINED FROM RECORO. WATER COMPANY REC. 4. RIGHTS AND ~SEMENTS FOR NAVIGATION AND FISHERY WHICH ~Y 6-24-1912 I~ BK. 570, PG. 115 EXIST OVER POR~ORS OF THE ~NO SHOWN HEREON LYING BEN'TH OF OEED5. OWHEO IN FEE BY THE WATERS OF THE OTAY R~ER NOTEO IN PREM~INARY TITLE REPORT THE CI~ OF ~ OIE~. ORDER NO. 20~071501 DATED 8-27-2001. CI~ ~APHIC SCALE A S ~ 0 C ] A T g 2~o' o' 1~o' ~o' PERUANENT ~SEMENT ACQUISITION c,Hl,,,~, e,T~,,,H,, A.P.~. 646-010-03 ~ ~fl~ 7~J42~147 POR. LOT ~5 md ~ Fm 7~m.o~ 1"= 20~' PER ~AP 862 k k EXHIBIT "B" ~"'"' ~ or ~ · k ? u~. ~ EASTERLY · ~\~ ~,~ ~ ~ BOUNDAR~ · '~ "" '~'"' LOT 16 ~ ~ ~ ~AP 8~2 N79*O~'59"E ~8'25'35' AP~:646-010-05 ~ R=1699.95' ~ o L:255.52 · ~/ Z ~ PROPOSED 20.00 ~SEMENT PROPOSED 20.00' WIDE PER[4AHENT EASEJ4ENT LEGEND: I PROPOSED PERMANENT EASEMENT OF , POINT ...... DARY BEGIN NIN~~~6~ WESTERLY MAP 8~ o' mo' ~oo" S 8 0 C I J 'T ~ PER~ANENT EASEMENT ACQUISITION ~: ~m.m.m7 1"= 2~' . POR. LOT 16 m~ Sh. r~ 7~0164 PER ~AP 862 C. OTAY LAND COMPANY PROPOSED EXII~IT "A" EASEMENT DESCRIPTIONS AND ExmRIT "B" RIGHT-OF-WAY PLATS Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 ChulaVista, CA 91912 This irtstrumenl benefits City, only. No fee required > fi'his s~ace [or Recorder'$ use, onl~I > APN(s) 646-010-03 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, . Otay Land Company, LLC, a Delaware Limited Liability Company h~reby grants to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California {Grantee), a temporary construction and access easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and more particularly descn'bed as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT The Grantor grants to Grantee the fight during construction of Grantee's construction project to use the above described Temporary Construction and Access Easement, and for purposes incidental to the constmction of Grantee's construction project. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said termination date the Grantee shall have no further obligation or liability in connection with said parcel. Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written consent of Grantee. Grantee shall have the fight to erect, maintain, and use gates in all fences which now cross or which may hereaiter cross the area and use a practical route or routes of ingress and egress thereto and therefrom Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area. Grantee has thc tight to d~posit tooh, implements, and other materials on the area and to utilize construction, automo6ve, and other equipment thereon when necessary for the purpose of exercising Grantee's fighls hereunder. Signed this day of , 20__ Grantor{s)' signature{s): Otay Land Company, LLC It's It's {Notary Acknowledgment required for each signaWry.) This is to certify that the interest in real property conveyed herein to the City of Chala Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of s-id Council adopted on June 5, 1990~ and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: 212 ALL THAT PORTION OF LOT 16 OF OTAY RANCHO, IN ~ ~.a-rg OF CHULA VISTA, COUNTY OF SAN D]]~GO, STATE OF CAI.I~ORNIA, ACCORD]N.G TO MAP ~F NO. 862, Fr~.~D IN TI~ OFFICH OF TH~ COUNTY I~CORDER OF.SAN I)]F~]O COUNTY, F~BRUARY 7, 1900, INCLUD]~D ~[i'I-~N A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 ~'/~-y ON EACH SIDE OF TH~ FOLLOWING DESCRIBED CF_~N'r~I BEGINNING AT A POINT ON TI~ V;F_~TERLY BOUNDARY OF SAID LOT 16, DISTANT TR~I~0N NORTH 18°40'36" WEST 1780.28 FEST FROM TH~ SO~ CO~ OF SAID LOT; TI-fiaNCE NORTH 70049'23" F_~ST 313.59 P/~T; TI-I]~NC~ NORTH 47~26'26" FAST 510.19 ~'~J~l' TO TH~ BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURY]~, CONCAV~ soUTHF3%S-r~y, A RADIAL FROM SAID POINT BEARS SOUTH 35050'23" FAST; THF~CE NORTH~AS'rI~:LY ALONG SAID CURVE THROUGH A C]~NTRAL ANGLE OF 12°43'51", A DISTANCE OF 25532 FEET; TI-I~NCE NORTH 66053'28" EAST 344.47 l~'~T; THF. NCE NORTH 63~23~$8" EAST 373.30 F~ET TO TH~ BEGINNING OF A 1699.95 FOOT RADIUS CURV~, CONCAV~ SOUTHEF, LY; TI-]F~CE NOR~Y ALONG SAiD CURV~ THROUGH A C]~TP, AL ANGI-~ OF 16051'06", A DISTANCE OF 499.98 FF~T TO TH~ BEGINNING OF A R~WERSE 1699.95 FOOT RADIUS CURVE, CONCAV~ NORTH]~,LY; TI-IF~NC~ HASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGL~ OF 8"2~'33", A DISTANCE OF 249.99 FF~T, A RADIAL FROM SAID POINT BEARS NORTH 18~10'29" WF~F; TI43~ICE NON- TANG]~4T TO SAID CURV~ NORTH 79003'59' F~AST 151.96 P'~T TO A POINT ON THR F_AS~Y BOUNDARY OF SAID LOT 16, SAID POINT BEING DISTANT TI-lba~oN NORTH ~8°41'17~ W]~T 2072.77 F~ET FROM THE SOUTHEAST COP, NF~ OF SAID LOT. ~ SIDELINES OF SAID 40.00 FOOT STR/P TO BE PROLONGED OR sHORTF. N~D TO M~ET AT ANGL~ POINT INTl,,SECTIONS, AND TO TERMINAT~ AT TH~ WF~FERLY AND EASTERLY BOUNDARY OF SAID LOT 16. Sh-~. F.~XH]BIT 'B" ATTACHED HBRL~TO AND MADE A PART I-I]~d~OF BY THIS R/~NCE. O. ~YI~JtMAN DATE 33~ EXP~ 12-31-2002 H:~anddeve~pme~1Bd1tZ58~GRN~D~cumentsiPh3Esm~iTempC~nstEsn.~58~APN64~1~34g~-TcE~d~c 03/27/02 213 J . * lift)ICA'ES AREA Of' ~ / \ PROPOSEO TEMPORARY EASEMENT OOgS NOT ~ INCLUDE PROPOSED '~E~IRES 12-~1-2002 LEGEND: EXISTING PROPERTY LINE, NOTES: EXCLUOES U.F. 1. ALL DIMENSIONS.SHOWN HEREON ARE COMPILED FROM RECORD DATA... U.,Ir, UNDERLYING FEE,' INCLUDES 2. EXISTING PROPER17 BOUNDARIES AND AREAS SHOWN HEREON EXISTING ROAO,, S'IRE[I' &: EXCLUDE ROAD, STREET a: HISHWAY EASEMENTS. HIGHWAY EASEMEN'~ 3. EXISTING EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PO. 124 OF DEEDS. EXACT LOCATION CANNOT S.c. SQUARE FELT BE DETERMINED FROM RECORD. (~) 100' WIDE STRIP DESCRIBED AS 4. RIGHTS AND EASIAIENTS FOR NAVIGATION AND FISHERY WHICH MAY EXHIBIT 'A' IN DEED TO EXIST OVER PORTIONS OF THE LAND SHOWN HEREON LYING BENEATH SOU1}IERN CAUFORNIA MOUNTAIN TNE WATERS OF THE OTAY RIVER NOTED IN PREUMII4ARY 'nTLE REPORr WATER COMPANY REC. ORDER NO. 20~071501 DATED 8-27-2001. $-24-1912 IN BK. 570, Pg. OF DEEDS, OWNED IN FEE BY THE CITY. OF SAN DIEGO, 2000' O' 1000' · '.",...,.-.,...,,,. - I's'"°" m " "~' ~ "~ ! A.P.N. 646-010-05 r~ ~o=4 1 = 2000' PER IdAP 862 2~4 EXHIBIT "B" m~r. ~ ' X g ~6~2 N79'03'59~ ~ R=1699.95' PROPOSED 40.~' TE~Y ~SE~E~ P~O~ ~0.00' ~DE ~ P~ED ~ P~ s~ o~M~ ~.~' ~DE ~ PRO~S~ ~PO~Y ~M~ POINT OF~ BEGINNING LOT 16, hlAP 862 ~ I ~o~:o~ ffecording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. ., ~ This $~aceforRecorder's Use Only ~, APN(s) 644-060-11 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California, an easement and right-of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over, under and across that certain real property situated in said City of Chula Vista, more particularly described as follows: See Legal Description designated as Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by reference made a part hereof. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Signed this__ day of ,20 Otay Land Company,.LLC BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in rea!property conveyed herein to the City of Chula I~ista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELow, CITY CLERK By: Date: EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 44 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OFSAN DIEGO COUNTY, FEBRUARY ?, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 44, DISTANT THEREON NORTH 71°58'15'' EAST 344.76 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 69°49'02'' EAST 70.48 FEET TO THE BEGINNING OF A 4999.86 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'15", A DISTANCE OF 436.68 FEET; THENCE SOUTH 64°48'47? EAST 159.95 FEET TO THE BEGINNING OF A 5571.71 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4058'22'', A DISTANCE OF 483.58 FEET TO THE BEGINNING OF A REVERSE 2499.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'14~, A DISTANCE OF 241.60 FEET; THENCE SOUTH 64°14'$$" EAST 364.45 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°15'36'', A DISTANCE OF 447.78 FEET; THENCE SOUTH 86°33'31" EAST 441.25 FEET; THENCE SOUTH 67°50'11'' EAST 280.90 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 44, SAID POINT BEING DISTANT THEREON SOUTH 18°37'$6~ EAST 1746.73 FEET FROM THE NORTHEAST CORNER LOT SAID LOT 44. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LOT 44. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. P~S. 63~6 EXPIRES 12-31-2002 H:~Landdeve~pmen~i~dd1t258~GRND~D~cumen~s~Ph3Esm~Lg~s~PermSe~erEsm~t2589~APN644~6~11#~PE~d~c , 03/27/02 I EASEM[NTS AREA TABLE eRoeosED I s.r. I PERMANENT I EASE:M~ I ~ \ \ AP)4:645-0,t0-18 LARGER PARCEL AREA TABLE \ (ExcLuDEs U.F. \ ORIGI~L & PROPOSED EXCLUDES U.F.)PER~AN[HT F. ASEI/LrKq 268.01 ACRES 266.67 ACRES SEE SHEET ,3 Q O- SEE SHEET $ FOR DESCRIPTION  LEGEND: EXISTING PROPE:RTY UNE, EXCLUOE5 U.F. U.F. UNDE:RLYINO FEE, INCLUDES O.H/ EXISTING ROAD, STREET & " :~ z~io~. HIOHWAY EASEMENTS DATE: S.F. 5~UARE FEET I,.P.L.~. m t"XPIRES 12-31-2002  GRAPHIC SOA'~ CITY OF CHULA VISTA 10OO' O' 500' 1000' , c,H/,,,~, e,,~,,,,l~,,, PERMANENT EASEMENT ACQUISITION Ce~Tende mb: 7~0.~425147 A.P.N. 644-060-11 8o5 mM ~ Fo, 7eo.m.ot~ l"z 1000' POR. LOT 44 ~b,~,. r.A 8zoz4 PER IdAP 862 "]:~' SHT. 2 OF 8 EXHIBIT APN:644-060-11 ~ ~ / NORTHERLY -- ~ ~GEND: ~ CENT[RUNE ~ISTING LOT 44, / ~ UTI~ EASEMENT TO UAP 862 ~ ~ &' S.D.O.~[. REC. 7-12-1956 ~. APN:644-060-11 v 8 AS DOC. ~0. BOOK 538, r ~ PAGE 574 ~ CENIERUNE ~l~lNG 12.00' WIDE UTIEW ~SEM~T TO CjX~¢ S.D.G.~E. REC. 7-20-1991 ~ AS DOC. HO, 1991-42681 70.~' ~ --NORTHERLY ~[ OF EXISTI~O FL~AG[ OF ~SEMENT REC: 10-3-1985 BEGINNING / AS DOC. HO. 85-5674~ [ ] PROPOSED PERMANENT ~SEMENT CITY OF CHULA VISTA \..~0~) PERMANENT EASEMENT ACQUISITION ~ ,~ J ~,-t,,,,~, c,,.,,-,, A.P.N. 644-060-11 ~ o~.: ~o..~z~m POR. LOT 44 ~5 T~ ~ Fm 7m~2,0164 PER ~AP 862 EXHIBIT SHr. s s EXISTING PROPERTY LINE, EXCLUDES U.F. U.F. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET ~ HIG~AY ~SE~[NTS NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RE~ORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET & HIGHWAY EASEMENTS. $. EXISTING EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PO. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 4. EXISTING EASEIJENT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. NO. $992-0699;5.S7 OF OFFICIAL RECORDS. EXACT LOCATION CANNOT BE DETERIdlINED FRONI RECORD. Q-APPROXIMATE CENTERLINE OF AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 1B4 NOTED IN PRELIMINARY TiTLE REPORT ORDER NO. 20;507,497 DATED 10-10-2001. Q-PORTION OF AH IRREVOCABLE OFFER TO DEDICATE ACCEPTED PER FILE NO. 2000-0267556 RECORDED MAY 2;5, 2000. SAID IRREVOCABLE OFFER TO DEDICATE WAS RECORDED MARCH 7, 1985 AS FILE NO. 85-076443. CITY OF CHULA VISTA OI~APHIC SCALE: .300' O' ~5o' .3oo' PERMANENT EASEMENT ACQUISITION A,P.N. 644-050-11 POR. LOT 44 PER MAP 862 . . Recording reque~ed by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefrts City, only. No fee required > ~ $[~ace [or Recorder'$ use, onl~ > APN(s) 6~.~. 060-11 C.V. FileNo. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Lfmt~ed Liability Company hereby grants to the CITY OF CHULA VISTA, a municipal corporation' in the County of San Diego, State of California (Grantee), a temporary construction and access easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: E)tHI HIT A FOR LEGAL DESCRIPTION E~H I niT B FOR PLAT The Grantor grants to Grantee the fight during construction of Grantee's construction project to use thc above described Temporary Construction and Access Easement, and for purposes incidental to the construction of Grantee's construction project. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said termination date the Grantee shall have no further obligation or liability in connection with said parcel. Grantor shall not grant or dedicate any casement or easements on, under, or over the area without written consent of Grantee. Grahtes shall have the right to erect, maintain, and use gates in all fences which now cross or which may hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom. Grantee shall have the right to ~ cut and/or remove h~ees, foliage and roots upon ~nd f~om w~th~n the area. Grantee has the fight to deposit tools, implements, and other materials on the area and to ut~l~.e eons~uction, automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's fights hereunder. Signed this day of , 20.~ Grantor(s)' signature(s): Otay Land Company, LLC By: By: It's It's (Notary Acknowledgment required for each signatory.) This is to cerlify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula ~rlsta City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: EXHIBIT TEMPORARY EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 44 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN-DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 44, DISTANT THEREON NORTH 71°58'15'' EAST 344.76 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 69049'02" EAST 70.48 FEET TO THE BEGINNING OF A 4999.86 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'15'', A DISTANCE OF 436.68 FEET; THENCE SOUTH 64048'47" EAST 159.95 FEET TO THE BEGINNING OF A 5571.71 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°58'22", A DISTANCE OF 483.58 FEET TO THE BEGINNING OF A REVERSE 2499.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 5°32'14'', A DISTANCE OF 241.60 FEET; THENCE SOUTH 64°14'55" EAST 364.45 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22018'36", A DISTANCE OF 447.78 FEET; THENCE SOUTH 86°33'31" EAST 441.25 FEET; THENCE SOUTH 67°50'11" EAST 280,90 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 44, SAID POINT BEING DISTANT THEREON SOUTH 18°3'/'56" EAST 1746.73 FEET FROM THE NORTHEAST CORNER LOT SAID LOT 44. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LOT 44. SEE EXHIBIT 'B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. JA~ES qtEYERMAN DATE ~.S. 63~6 EXPIRES 12-3l-2~2 H:iLenddeve~q~mentVdd1t258~GRNDtD~cumentsU~h3EsmtL~$iTempC~nstEsmt~258~APN644~11~TCE~ 03/27/02 EXHIBIT "B" srrr. ~ or ~ VICINITY I~AP APH:644-O$O-1 · SE~E~ AR~ TAB~ ~SEE SHE~ 2 PRIED I TEMaki * 58.5~ S.F. ~[NT I PROUD I TEMPO~RY ~SEMENT DOES NOT INCLUDE PROPOSED PERMANEHT ~SEMEHT AR~. ~ROER PARCEL ARa TAB~, REMAIND~ (~UOES U.F. ORIGI~L IA ~S~ ~UDES U.F.) PERMANENT ~SEMENT 268.01 ACRES 266.67 A~S SEE SHE~ Q Q SHEET 3 FOR DESCRIPTION SEE m ~ t LEGEND: EXISTING PROPERTY UNE, D(CLUDES U.F. 5 ,STl, [JAU~ O. EY~,AN DATE ,x'~ /_n HIO~AY aSE"ENTS S 12-M-2002 · ~1 ~..,c s~ CI~ OF CHU~ VISTA moo' v ~oo' ~o' ~k~oc,~ TEMPORARY EASEMENT ACQUISITION ~, ~: ~m.mJ.7 A.P.N. 6~-060-11 ,~ ~ s~. F. ;~mol~ 1"= 1000' POR. LOT 44 ~m~,, c~ ~l PER ~AP 862 EXHIBIT "B" sm'. LOT 44, MAP 862 o. ,oo. oo. . / PROPOSED 20.00' WIDE PERPERM~EHIsEPA~TE~SEMENTDocUM~T ~ C ¢5¢ ~ ~ -- ~. ~ / PER SEPARATE D~UME~ PROPOSED 40.00' TEMPO~RY EASEMENT ROPOSED APN:6~-060-11 ~ ~ ~/ 40.00' WIDE ~/ ~OETH[RLY-- ~ CENTERUHE ~ISTINO LOI 44, v UTI~ EASEMENT TO MAP 862 / ~' S.D.G.&L REC. 7-12-1956 ~ AS DOC. ~0. 800K 538, PAGE 574 -- S.D.G.&E. REC. 7-20-,gg1 AS ~C. ~0. 1991-426811 ~ APPRQXIMATE LO~TION OF ,~i '°0' --NORTHERLY UNE OF 70.48' o~ EXISTING FLOWAO[ OF ~SEMENT REC. 10-3-1985 BEGINNING AS DOC. NO. 85-567480 I I PROPOSED PERMANENT ~S[MENT PER SE~TE DOCUMENT ~ PROPOSED TEMPO~RY ~ ~ ~SEMENT ~ ~ TmPORARY [AS[U[m ACOUlSmON I~ ~ c,ut,,.~, c,,~.,.,. A.P.N. 6~-060-11 ~ mr.,: 7~.mm POR. LOT 44 ~5 ~ s~ F. 7m~m~4 PER MAP 862 SHT. OF 3 EXCLUDES U.F. U.F. UHDERLYIHG FEE, IHCLUDES EXlSTIHG ROAD, STRE~ ~ APH:645-030-1~ HIG~AY ~SEMEHTS NOTES: 1. ALL DII~ENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET & HIGHWAY EASEMENTS. 3. EXISTING EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 4. EXISTING EASEMENT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. NO. 1992-0699337 OF OFFICIAL RECORDS. EXACT LOCATION CANNOT BE DETERIdlNED FROM RECORD. ::~)-APPROXIMATE CENTERLINE OF AN EASEMENT AND RIGHT OF WAY FOR PUBUC ROAD PURPOSES OYER AND ACROSS ROAD SURVEY HO. 154 NOTED IN PRELIMIHARY TITLE REPORT ORDER NO. 203071497 DATED 10-10-2001. PORTION OF AN IRREVOCABLE OFFER TO DEDICATE ACCEPTED PER FILE NO. 2000-0267556 RECORDED MAY 23, 2000. SAID IRREVOCABLE OFFER TO DEDICATE WAS RECORDED MARCH 7, 1985 AS FILE HO. 85-076443. CITY OF CHULA VISTA ~ S S 0 C i ,A. T F. GRAPHIC SCALE J ,,-t,,,- ~,,,,,,',, .tO0' O' 150' 300' TEklPORARY EASEt4ENT ACQUISITION r,e~ml, Offl~ /eO. t4~5147 A.P.N. 644-060-I 1 m ~kd s~,,~ rD, r,e.6~o164 POR. LOT 44 [.drd~.r.A ~OZ4 1"= 300' PER HAP 862 .,, Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. ~ This$t>aceforRecorder's UseOnl~ ,~ APN(s) 644-090-04 & 644-080-09 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California, an easement and right-of-way for, and the fight to construct, maintain, operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over, under and across that certain real property situated in said City of Chula Vista, more particularly described as follows: ~ See Legal Description designated as Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by reference made a part hereof. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Signed this__ day of ,20 Otay Land Company, LLC BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerl~ on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: EXI~IBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 6 AND ? OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY ?, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORTH 18°41 '58" WEST 2501.93 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, SAID POINT BEING ON A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 64020'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°45'40~, A DISTANCE OF 485.52 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54034'20" EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 52°28'21" EAST 263.41 FEET; THENCE NORTH 12°28'21" EAST 8~.32 FEET; THENCE NORTH 28°45'39" WEST 305.02 FEET; THENCE NORTH 19°51'39" WEST 411.55 FEET; THENCE NORTH 58°18'57" WEST 303.?0 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL 3 AS DESCRIBED 1N EASEMENT DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY 29, 1997 AS DOCUMENT NO. 1997-0038451 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT THEREON NORTH 05°51 '30" EAST 8.43 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 3. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT 6, AND THE EASTERLY AND SOUTHERLY LINE OF SAID PARCEL 3. SEE EXHIBIT "B' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. . ,I,,1o,- O. J[~YERMAN DATE 33~ EXPIREs 12-31-2002 ~i$RvR21V`-iL~nddeve~prnentvdd1t258~GRND~D~cuments~°h3EsmtLg~siPermSewerE$m~2589~N~-PE~d~ 04/11/02 EXHIBIT "B" // I HQBEARJNO DISTANCE · s7~'~5'w e_ ~6~o.91' u ~.'~ ~5' VICINI~ N7~8'0~ ~7.95' THE C~ OF CHU~ VISTA ~ LOT Z~ 1-29-1997 AS DOC. NO, 1997-0058451 ,0T.: COMPI~D FROM RECORD DATA. ~. Existing PROPER~ BOU.DAmCS A.D ~ ~SEE SHE~ 2 AR~S SHOWN HEREON EXCLUDE ROAD,~ STREET & HIG~AY ~SEMEHTS. ~. EXISTING ~SEMEN~ TO THE KIM~LL 11~.92' BROKERS WATER CO. REC. 10-14-186g IH BK. 7, PG. 124 OF DEEDS. E~CT LOCATION ~HHOT BE D~ER~INED FRO~ RECORD. 4. EXISTING ~SEMEHT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. ,o. ~-o~,~7 oF OFnC~AL~ J~/JA~Oe~' Fi ~ RECORDS. E~CT LO~TIOH CANNOT BE DETE~INED FROM RECORD. HAVI~TIOH AND FIS"[RY WHICH "AY LOT 6 LOT ~s~ ow, ,o.~o,~ o~ ~,~ WAERS OF THE OTAY R~ER HOTED IN PREUMIHARY TIT~ REPORT ORDER HO. APH:644-090-04 20~071492 DATED 10-10-2001. I 6. SEE SHEET 2 FOR LIHE TABLE. LEGEND: ~ISRHG PROPER~ UHE, ~CLUDES U.F. ~ 6 U.F. UNDERLYIHG FEE, INCLUDES ~xp. 1~/31/0~/ EXISTINO ROAD, STRE~ ~ /4 HIO~AY ~SEMENTS ~ ~ PRO~D PER~NENT ~SEMENT ~1~' FOOT WIDE 5TRIP D[SCRffiED ~ ~ *1 "/o~ EXHIBIT "A" IN ~ED TO SOUTHERN ~ CAUFORHIA MOU~AIH WATER COMPANY REC. ~ e336- e-1z-1912 m BK.SZO, PO. S~ E~IRES 12-Sl-2~2 OWNED I" FEE BY THE CI~ OF ~ DIEGO.  GRAPHIC s~ CITY O~ CHU~ ~STA 1 OOO' O' 5OO' 10~' PERMANENT ~SEMEHT ACQUISITION , ~,.~,,,. c,,~,.h. A.P.N. 644-090-04 & 644-060-09 ~ m~ s~ ~ ~t~4 1'~ ~O~' POR. LOTS 6 ~ 7 ~,, ~ ~4 PER MAP 862 EXHIBIT "B" OF IEASEMENTS ARa TAB, I a,~E, PARCEL kREkREa~NDERTARIr (EXCCUDES U.r.)P[~ 4~8.~ kCRES ~.0~ ~CRES I I PARCEL 3 OF EXISTIHG MSE~E~ TO THE ~ I, CIW OF CHU~ VISTA REC. 1-2~-1997 AS DOC. ~ I ~997-00~8451 PROPO$[D 20.00' WIDE 8.43' PER~ANENT EASEMENT  CORNER ~ I I X~O ~ , t PROPOSED~ EXI~ING S.D.G.~E}A ~ 20~¢ Wine ~PN:644-080-09 -E~SE~ENT REC.~ ~PER~ANENT 8-o8-~997 As EICE ~ ~EASE~ENT 1997-0~620 · APN:6~-080-09 WESTERLY BOUNDARY LOT 6, J,'L~P 862 GRAPHIC SCALE APN:644-090-04 200' O' 100' 200' ~, CITY OF CHULA VISTA 'A S S 0 C ] A T E PERMANENT EASEMENT ACQUISITION ~ c,-t.,,-, c,,.,..,, A.P.N. 644-090-04 ,lc 644-080-09 ~ Ofl~l~ 7e.942.5147 POR. LOTS 6 & 7 ~ ~ SIplM fa~ 760.6~2.0164 a, eld~,, CX ~4 PER MAP 862 Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required > ---- --(Ttnsspacef°rRec°rder'$use' ord~l > APN(s) 644-090-04 & 644 080-09 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay land Company, LI, C, a Delaware Limited Liability Company hereby grants to the CITY OF CHULA VISTA, a muincipal corporation, in the County of San Diego, State of California (Grantee), a temporary consh'ucfion and access easement/n, upon, over, under, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: E)~ H ~ miT A FOR LEGAL DESCRll'TION ~ EXItlBIT B FOR PLAT The Grantor grants to Grantee the right during construction of Grantee's construction project to use the above described Temporary Constnaction and Access Easement, and for purposes incidental to the construction of Grantee's construction project. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said termination date the Grantee shall have no further obligation or liability in connection with said parcel. Grantor shall not grant or dedicate any easement or easements on, under, or over the ar~a without written consent of Grantee. Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom. Grantee shall have the right to txim, cut ana/or remov6 ixees, foliage and roots upon and from within the area. Grantee has the right to deposit tools, implements, and other materials on the area and to utilize conslruction, automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights hereunder. Signed this day of , 20_._ Grantor(s)' signature(s): Otay Land Company, LLC By:. By:. It's It's (Notary Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of Ctmla Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s} consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: EXHIBIT '~' TEMPORARY EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 6 AND 7 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORTH 18041'58" WEST 2501.93 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, SAID POINT BEING ON A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 64°20'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°45'40', A DISTANCE OF 485.52 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54034'20" EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 52°28'21" EAST 263.41 FEET; THENCE NORTH 12°28'21" EAST 84.32 FEET; THENCE NORTH 28o45'39" WEST 305.02 FEET; THENCE NORTH 19°51'39'' WEST 411.55 FEET; THENCE NORTH 58°18'57" WEST 303.70 FEET' TO A POINT ON THE EASTERLY LINE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY 29, 1997 AS DOCUMENT NO. 1997-0038451 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT THEREON NORTH 05°51'30' EAST 8.43 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 3. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT 6, AND THE EASTERLY AIklD SOUTHERLY LINE OF SAID PARCEL 3. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. ~../l~Y ERMA N ' DATE 336 EXPIRES 12-31-2002 H:~-anddeve~pmenti~dd1~2589GRND~cuments~Ph3EsmtLg~$~TempC~nslEsmt~2589~APN644~9~4~g~TCE~d~c 04/11/02 .EXHIBIT "B" sm. s?r58'15"w ~_ ,,///26~o. g1' ' , $11'29'50'W z.>- APN:644-080-O9 E~EASEklENT /57' -- - ~ THE CITY O[ CHUL~ VISTA ~C~ ,-2B-,99, AS *C. ,0. _..%~,,,,~' LOT 7 . ~ LOT 1997-0058451 NOES: 1. ALL DNENSIONS SHOWN' HEREON ARE 2. EXISTING PROPER~ BOUNDARIES AHD ~ ~SEE SHEET 2 ~E~s sHow~ H[R[OU [XCLUO[ RO~O, ~. [XlSTI~ ~S[~[NTS TO THE KI~LL~ ~ - 1120.92' BROTHERS WATER CO. EEC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. ~CT LOCATION CANNOT BE D~[RMINED FRO~ RECORD. RECORDS. taCT LO~TIO" Cl""OT BE JM~ P Ge' ~20~ DDER~IN[O FRO~ RECORD. 5, RIGHTS AHD ~S[~EHT FOR NAVIOATIOH AND FISHERY WHICH MAY ~-[ ~ ~0-~ EXIST OVER PORTIONS OF THE I SH~N HEREON LYIH~ BEN.TH THE WAERS OF THE OTAY RIVER NOTED IN PREUMINARY TIT~ REPORT ORDER NO. APN:644-090-04 205071492 DATED 6. SEE SHEET 2 FOR LINE TABLE.  s7~2'55'~~ EXISTING PROPER~ UNE, EXOLUDES U.F. U.F. U~D[RLYIHg FEE, I~CLUDES ~ISTIHG ROAD, STRE~ HIG~AY ~SE~TS S.F, SQUARE ~ ~ PROPOSED PERMAHE~ PER SEPA~TE D~U~T ~ PROPOSED T~PO~ EXHIBIT "A" IH DEED TO SO~H[RH JA~S · ~[YER~AN DATE CAUFORNIA ~OU~AIH WATER CO~PAHY REC. ~ 6336 6-12-1912 IN BK.570, PG. 113 OF D~DS. IS 12-31-2002 OWNED IN FEE BY THE CI~ OF ~N DIEGO. 1~0' O' 500' 1000' c.-t,,.,, r,,~,,,.,. TEMPO~RY EASEMENT ACQUISITION zm~.m7 A.P.N. 6~-090-04 ~ 644-080-09 ~s~ ~ 7eo.~o,e* 1'= I000' POR. LOTS 6 ~ 7 ~,0~ u ~z~4 - PER MAP 862 L~RGER PkRCEL AREA TABLE EXHIBIT "B" SHT. 2 OF 2 I (~CLUDES U.F. * INDICATES AR~ OF PROPOSED ~SEMENTS AR~ TAB~ ORIG~ I ~ PROPOSED TEMPO~RY ~SEMENT DOES HOT PRO~SEO ~CLUDES U.F.) PER~EN/ ~S~EHT INCLUDE PROPOSED PER~ANENT TE~PO~RY * 37,078 S.F. ~SEUENT AR~. ~S~ENT ~8.88 ACRES ~B.03 ACRES PRO~ PER~N~ 37,078 S.F. ~S~ENT ~SE~ENT TO THE ~ I Cl~ OF CHU~ VISTA REC. 1-29-1997 AS DOC. ~O~ ) 1997-0058451 PROPOSED 20.00' WIDE ~SEMENT PER SEPA~TE DOCUMENT 8,~3' PROPOSED 40.00' APN: TEMPO~RY ~SEMENT . 6~4-080-09  CORNER OF PARCEL 1997-00584J EASEMENT PER APN:644-080-O9 ~SE~ENT REC.~ 8-08-1997 AS FILE ~ ~ 5~ · WIDE TEMPORARY ~ ~SEUEHT WESTERLY · LOT 6, ~P 862 POINT OF' APN:644-090-04 GRAPHIC SCALE 200' O' 1OO' 200' BEGINNING .~, CITY OF CHULA VISTA ~.SSOCIATE~ c.,u*,,*, c,,,,,,,h, TEMPORARY EASEMENT ACQUISITION 7m.m~m47 A.P.N, 644-090-04 & 644-080-09 ~ ~ s~ r~ ~.~o,6~ ~ POE. LOTS 6 ~ 7 ~ ~ S~24 X PER MAP 862 215' {~;X H I I,~rI' (A' LEGAL DESCRIPTION ,~T.I. THAT PORTION OF LOT 6 AND 7 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAT.II~ORNIA, ACCORDING TO lvIAP THEREOF NO. 86~, FII.I:D IN TH~ OFFICE OF THE COUNTY RECORDER OF SAN .D~EGO COUNTY, FEBRUARY 7, 1900, DESCRIBED AS FOLLOWS: PARCEL 1: A PERMANENT EASI~MENT INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DF, SCRIBED C-'t~N'i'~: -BEGINNING AT A POINT ON TH~ wr~-£~,Ly- BOUNDARY OF SAID LOT 6, DISTANT THtE~ON NORTH 18°41'55'" WEST 2503.26i~]~1~-r FROM ~ SOI~IWF~r CORNER OF SAID LOT, SAID POINT BEING ALONG A NON-TANGI~IT 2949.~2 FOOT RADIUS CURVE, CONCAVE SOUTI-I~A3-r,~Y, A RADIAL FROM SAID POINT BEARS SOUTH 64°17'$y' EAST; ~CE NORTH~A~I'~Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°43'33'', A DISTANCE OF 483.77 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54034'20' EAST; TI-II,CE NON-TANGENT TO SAID CURVE NORTH 52°13'31" EAST 231.91 FEET; THENCE NORTH 25058'42' EAST 81.37 FF~T; THENCE NORTH 15°53'20' WEST 91.69 l~'ldl~l'; THENCE NORTH 25°45'39'' WEST 235.89 P~.'~.T; THENCE NORTH 19051'39'' WEST 411.55 FEET; THENCE NORTH 58°35'21' WEST 301.73 FEET TO THE EASTEP~y LINE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO THE CITY OF CHULA VISTA, RECORDED IANUARY 29, 1997 AS .DOCUMENT NO. 1997--003~451 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT THEP~ON NORTH 05°51'30'' EAST 5.~4 I:~:~'.T FROM THE SOUTHEAST CORNER OF SAID PARCEL 3. ~ SIDF. LINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED SO AS TO CREATE A CONTINUOUS STRIP OF LAND 20.00 i~ET IN WIDTH, AND TO TERMINATE AT THE WEST~JtLY BOUNDAP,,¥ OF SAID LOT 6, AND TIlE EA~-rI~LY AND SOUTHERLY LINE OF SAID PARCEL 3. PARceL 2: A 'I'~vlPORARY EASEMEN? INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF TI~ FOLLOWING DESCRIBI~) BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORTH 18°41'58'' WF_3T 2503.26 i~El:T FROM ~ SOUTI-IWF~T CORNER OF SAID LOT, SAID POII~. BEING ALONG A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVIi SOUTHF. A.,~fERLY, A RADIAL FROM SAID POINT BEARS SOIJTH 64017'$3' EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9043''33', A DISTANCE OF 483.77 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54034'20' FAST; THENCE NON:TANGENT TO SAID CURVE NORTH 52°13'31' FAST 231.91 · FEET; TI-I~NCE NORTH 25°58'42' EAST 81.3.7 ..FEET; THENCE NORTH 15053'20'' WEST 91.69 FEET; TH~CE NORTH 28°45'39' WEST 235.89 FEET; THENCE NORTH 19°51'39' WEST 411.55 FEET; THENCE NORTH 58°35'21' WEST 301.73 FEET TO THE EASTERLY LINE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY H:V. ar~devslopmenf~tddf12589GRIVO~ocurnents~Ph3EsmtLgls1258~7.ApN~.~ 02/19/02 216 29, 1997 AS DOCIJ-MENT NO. 1997-0038451 OF OP~ICIAL RECORDS OF SAID COUNTY, DISTANT ~ON NORTH 05°51'30~ EAsT 5.84 ~:~.-1' FROM TI-IN SOUTHEAST CORNER OF SAID PARCEL 3. ~ SIDE~JNES-OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHOFqrPiNF_.D SO AS TO CREATE A CONTINUOUS STRIP 'OF LAND 40.00 P-l~-l' IN WIDTH, AND TO TF_JIMINATE AT THE WF. gFERLY BOUNDARY OF SAID LOT 6, AND THE ~y AND SOUTHNJ~LY LINE OF SAID PARCEL 3. ' SEE EXHIBIT ~B' ATTACNr~ ~O AND MADE A PART HEREOF BY THIS REFERENCE. ~ ~..i. PI~ ~O. 63,'16 --h H:V. anddeve~prnen~df1258~GRND~Documents~3E=n~gls~2589.APN64409004~Ldoc 02/19/02 ~ ~IM~ UA~ I ~. ~ ~ TO ~ ~ B~ ~ ~0~ OF ~E ~D SH~ HEREON L~G B~ ~OTAY~N~ · ~~ ~71~2 ~ !0-1~2~1. 6. ~ SH~ 2 FOR ~E T~. .,.~ m,~. ~ LOT 4 . THE CITY OF CHULA VISTA ~C. 1-29-1997 ~ ~C, NO. "~-~ LOT 14 ~ ~E~ 2 ~D: ~ING ~P~ ~D~ U.F. U.F. ' U~ ~, ~UDES Hm~AY ~ ~ '~' ~? ~"~ ~ ~""~ ~lB~ 'A' · D~ ~ ~. ~12-1912 · ~, Pg. ~1~ OFD~.~ ~ BY LOT LARGER PARCEL~ ~ L1 Slle2g'50"W 158.95' ORl~ta, L & PIIOPO~) L2 S4'9°22'40'E 128,.00' ~CUJ~ES U.F.) PE]a4AtlI~' ~E~) L~ N85*O~50'E '180.00' i 458,88 ACRES 43a.04 AC~S L4 N71~18'OT"'E 75,00' · EL.q~[NTS AlFA TABt.[ .. L6 m-18,07-E437.95, . 2 * ~6~786 S.F. ~ SEWER EAS~Elfr I * I 'TO TIlE Clrf OF ~ULA OF VISTA EEC. !-29-1997 AS I INCLUDE: PROPOSED PE:]~iANENI' O~ '. ff OOC. NO, 1997-0058451 ~i' pARCEL 1' soumE~ mr:R, 20,00' WIDE PERMANENT OOC. NO. 5.84.' ~- EASEMEm' 1997-003845 [. PARCEL 2 -- 40.00' WIDE TE~POP, ARY I PARCEL I('''(~ 8-08-1gg7 AS mE -- --PARCEL 2 LOT 6, IA~ 862 POINT APN:644--OgO-..04 GRa, PHIC SCALE PARCELS I & 2 ~1 ~' ~ I 219 D. UNITED ENTERPRISES PROPOSED EXHIR1T "A' EASEMENT DESCRH'TIONS AND EXHrRIT "B" RIGHT-OF-WAY PLATS Recording Requested by and · Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. ~, This Space for Recorder's Use Only ~, APN(s) 644-060-06 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, United Enterprises, LTD, a California Limited Liability Partnership hereby grant(s) to thc CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California, an easement and right-of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over, under and across that certain real property situated in said City of Chula Vista, more particularly described as follows: See Legal Description designated as Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by reference made a part hereof. Together with thc right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any conlxactor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Signed this__ day of ,20 United Enterprises, LTD BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5,' 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized ofj~cer. SUSAN BIGELOW, CITY CLERK By:. Date: ~ "- ?:~ 220 ~GAL 1~ AS D~ NO. 1~7~0~21 OF OP'~iC~ ~CO~S OF S~ CO~, ~ ~1'1'~ A ~ OF ~, 20.~ ~ ~E, L~G 10.~ ~ ON ~ S~E OF ~ FO~O~G D~C~ C~: B~G AT A ~ ON ~ NOR~[~Y ~Y OF ~ D~ ~ S~ Q~ DEED TO ~'r~ ~'r~S~, L~, D~T~ ~N NOR~ 2~56'~" ~ 233.51 ~ ~OM ~ MO~ ~Y CO~ OF S~ ~; ~NCE SO~ 53°17'13~ ~ 489.53 ~ TO A ~ ON ~ SOnY BO~Y OF S~ ~, S~ ~ BErG DI~ ~ON SO~ ~14'08" ~ST 5~.~ ~ ~OM ~ MO~ ~'r~Y CO~ OF S~ ~. ~ S~EL~ OF S~ 20.~ F~T ~ TO BE PRO~NG~ OR SHOR~ TQ AT ~GLE ~ ~'I'~E~ONS, ~ ~ 'I'~A~ AT ~ SOnY ~ ~ NOR~~Y BO~Y OF ~ D~ED ~ S~ Q~C~ DE~ TO ~rr~D EN'f~S~, L~, ~CO~ ~Y 2, I~7 ~ D~ NO. 19~05421. · : SEE EXHIBIT QB" ATrACHED HERETO AND MADE A PART HEP, EOF BY THIS REFERENCE. H:lLandde~f12589GRNO~ocumenfs~Ph~lPetm~%'~:un~.589-APN~doc 03/27/02 221 1997-0205421 BOUNDARY, DOC. NO. 1997-0205421 !. ALL OlUE3LSIONS SHOWN HEREON ARE COI~PII..E]) FRO~I RECORO OATA. 2. EX~S1111g PROPERTY BOUNOARIES ANO AREAS SHOWN HEREON EXCL. UOE ROAO, STREET & HIOHWAY EASEMEI'ITS. 3. EXIS11NG EASEMENT TO TIlE PACIFIC I[LEPHONE a: TELEGRAPH CO. REC. 3-1:~-1911 IN BK. 519, Pg. 169 OF DEEOS. FALLS WITHIN LOT 55, IA&P 862. EXACT LOCATION CANNOT BE g~.luo, llNrn FROM RECORD. 4. EXISTIIIG ACCESS EASEMENt' RESERVED IN .FILE NO. 88-567516 REC. 11-4-1988 OF OFTIClAL RECORDS. FALLS WITHIN LOTS 25, 26, 55, 56, 57' A. 45, MAP '862. EXACT LOCA110N CANNOT BE DL-iT.~INED F'ROU RECORD. 5. AN UNRECORDED PUBMC HIGh'WAY AS MENTIONED IN BIC 655, PG. 22 REC. 5-1-1914. OF DEEDS. EXACT lOCATION CANNOT Br DE'IT:RUINED FROI4 RECORD. 6. EXISTING EASEMENT TO PACIFIC BELL REC. 9-21-2001 AS RI.[ NO. 2001-679666 OF I F. LSBI[KTS UFA 'TABLE:I omc~ RECORDs. taCT LOCA~O. CA.aoT e~ D~REO n~o. RECORD. I rGENO: EX]SlING PROPERTY LINE, LARG'E~ PARCEL ARFA TABLE EXCtUOES U.E. I RI][A~OER U..C. UNOERLYING FET_, INCLUDES (~- EXiSI~O ROAD, STI~ET HIGItWAY EASEMENTS (~xctuo~ us.) emam~T EASalEm S.F. .......... 80' O' 40' 80' I PERV, ANL:'NT EASE'k4E:NT ACOUISITION [] ,behe~ CA t'Z~4 1 '= 80' Recording requested by and please rel~urn to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefff, s City, ordy. No fee required > (This~ace[orRecorder'$use, onl~l > APN(s) 644-060-06 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt, of which is hereby acknowledged, United Enterprises, a California Limited Liab/lity Partnership hereby grants to the CITY OF CHULA VISTA, a municipal corporation, in the County of Sun Diego, State of California (Grantee), a temporary coma-action and access easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EL ~-I J giT A FOR LEGAL DESCRIPTION EXI41qlIT B FOR PLAT The Grantor grants to Grantee the right during construction of Grantee's cons/auctiun project to use the above described Temporary Construction and Access Easement, and for purposes incidental to the consh-ucfion of Grantee's consmaction project. Said Temporary Construction and Aeeeas Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said termination date the Grantee shall have no fiLrther obligation or hability in connection with said parcel. Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written consent of Grantee. Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may hereafter cross the area and use a practical route'or routes of ingress and egress thereto and therefrom~ Grantee shall have the right to ~ cut and/or remove trees, foliage and rootz upon and from within thc area. Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction, automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights hereunder. Signed this day of , 20__ Grantor(s)' signature(s): United Enterprises, LTD By: By:. It,s It's (Notary Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of Chala Vistc~ a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) con. sent(s} to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: 223 ' .Ex. HIBf~ ~A.~ LEGAL DES~ON Al.1. THAT PORTION OF LOT 37 OF OTAY RANCHO, IN THE. CITY OF CHULA VISTA, COUNTY OF SAN DI~OO, STATE OF CAI.IF~)RlqlA, ACCORDIHO TO MAP TI-II.EOF NO. 862, FII.F~ IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIFX30 COUNTY, I~uRUARY 7, 1900, DESCRIBED IN QUITCLAIM DEED TO UNH'el) ENf~aRPRISES, LTD, R~CORDED MAY 2, 1997 AS DOCUMF2qT NO. 1997~20~21 OF OFFICIAL RECORDS OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND, 40.00 FF_~T WIDE, LYING 20.00 FEEt ON EACH SIDE 'OF ~ FOLLOWING DESCRIBED C~I~'I'I~RIJN~: BEGINNING AT A POINT ON TI~ NoRTHWES'rp_~,Ly BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNI'I-I~D EN-r~-IIPRISES, LTD, DISTANT TI-IFA~ON NORTH 27056'54, EAST 233.51 FEET FROM THE MOST WES'rEELY CORNER OF SAID LAND; THENCE SOUTH 53°17'13, EAST 489.53 FEET TO A POINT ONTHE SOnY BOUNDARY OF SAID LAND, SAID POINT BEING DISTANT THEREON SOUTH 80~14'08' EAST 509.24 FEET FROM THE MOST WESIIiKLY CORNER OF SAID LAND. THE SIDELINF. S OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO-MEL~ AT ANGLE POINT I~'rm~SECfIONS, AND TO 'f~/INATE AT THE soUTI-IL~Ly AND THE NORTHWES~Y BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNi'i'i~D ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421. SEE EXHIBIT aB' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. H:~nft~112589GRNDIDocur~t~lPh~lrempCor~EsnatZ589.APN~ TC~doc 03/27/02 APH:644.-060-06 DOC. NO. 1997-0205421 c~°m= 7mJ4z.si47 ..... I ' ._. 'T.',."_:' 2,~7."_"~__''''_ ~ ~"."0" ...... - . I ,,-, ,,,,,. ,_o: .,,?.~ ! 225 EXHIBIT "B" BEGINNING ~:~ APN:644-060-06 -- WIDE: PERMANENT EAS~EHT PER OOC, NO. SEPARATE DOCUMENT 1997-0205421 40.00' WIOE TEIAPORARY EASEIdENT E 1997-0205421 BOUNDARY, DOC NO. 1997-0205421  ~PO~ ~ ~ NOT ~NG ~OP~ UNE, P~ ~CUM~T S S 0 C i A T g 80' ~ ~ ~' TEMPO~Y ~S~ ACQUIS~ON  A.P.N. ~-060-06 226 E. JEWELS OF CHARlTY PROPOSED EXlqlRIT "A" EASEMENT DESCRIPTIONS AND EXI]]BIT "B" RIGHT-OF-WAY PLATS Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits Ciiy Only. No Fee Required. ~ This Space for Recorder's Use Onl? ,, APN(S) 6~.4 090-03 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jewels of Charity, Incorporated, a New Jersey Corporation hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California, an easement and right-of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over, under and across that certain real property situated in said City of Chula Vista, more particularly described as follows: See Legal Description designated as Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by reference made a part hereof. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Signed this__ day of ., 20 Jewels of Charity, Inc. BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerlg on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGBLOW, CITY CLERK By:. Date: 227 LEGAL DHSCPdFI~ON ~L ~T ~R~ON OF ~ 15 OF OTAY ~O, ~ ~ CITY OF Cfl~ ~TA, CO~ OF S~ D~, STA~ OF C~O~, ACCO~ TO ~ ~0F NO. 862, S~E OF ~ FOLLO~G D~ED C~'r~: BEG~G AT A ~ ON ~ ~'l'~Y BO~Y OF S~ ~T. 15, DIST~ ~E~ON NOR~ 18~41'17' ~ 2072.W ~ ~OM ~ SO~ CO~ OF S~ ~; ~CE NOR~ 76°43'11" EAST 317.~ ~; ~ NOR~ ~ffi'14~ ~ 38.94 FEEl' .~ ~ BEG~G OF A 1149.~ F~T ~S C~, CONCA~ NORWAY; ~ NORWay ~ONG S~ C~ ~OUGH A CE~ ~G~ OF 15°56'17", A DIST~ OF 319.89 ~; ~ NOR~ ~°03'57" ~ST 73.10 ~ ~ ~ BEG~G OF A 1149.~ F~T ~S ~, CONCA~ SO~S'I'~Y; ~ NOR~S~Y ~NG S~ ~ ~OUGH A C~ OF I0°36'01", A DIST~CE OF 212.76 ~ET; ~CE NOR~ ~°39'58" ~ 78.~ ~'~T ~ ~ BEG~G OF A 2~.~ F~T ~S C~, CONCA~ so~-r~y; ~NCE NORWAY ~NG S~ C~ ~OUGH A ~'1'~ ~O~ OF 6°59'56", A DIST~CE OF 3~.45 ~; ~NCE NOR~ 61039'54" ~ST 51.62 ~; ' ~NCE NOR~ 38045'29" ~ 82.90 ~; ~NCE NOR~ 15°51'05~ ~ 179.68 ~ TO ~ BEG~G OF A NON-T~G~ 2~9.~ F~ ~S C~, CONCA~ NOR~S'r~Y ~ONG S~ C~ ~OUGH A ~ ~O~ OF ~'36", A DIST~CE OF ~.29 e'~'r TO A ~ ON ~ ~TE~Y BO~Y OF S~ ~T 15, S~ PO~ B~G D~ ~ON NOR~ 18°41'58" ~T ~01.93 ~ ~OM ~E SO--ST C0~ OF S~ ~T. ~ S~ OF S~ ~.ffi F~T S~ TO BE PROLONO~ OR SHORED TO ~ET EAS~Y BO~Y OF S~ ~T 15. H:V.~ndde~ment~ddf12589GR~DIDocumer~lPh3E~tl~].gl;~doc 02/27/02 : 228 ~0~: 3' R~ORD. ~ ~O P~P~ UN~ WA~ COMP~ REC. , ~lC ~ $~' ~,$4 1'= 2~ [ POR. LOT 15 ~ 862 N60°~'1 R=28~9,92' ~N:~-~O-O$ ~ L=~.29' N61' 5~.62' P~SED PER~NE~ ~T ; ~' ~ 7~.07' P~E~ ~ PmP~ P~ ~DARY ~T 15, OF .~ 862 : ~NNINO Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required > (Thiss~ace;orRecorder'suse, only; > APN(s) 644-090-03 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jewels of Ch-dry, Incorporated, a New Jersey Corporation hereby grants to the CITY' OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California (Grantee), a temporary construction and access easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EXI-IIII1T A FOR LEGAL DESCRIPTION E)~H ~ miT B FOR PLAT The Grantor grants to Grantee the right during construction of Grantee's construction project to use the above described Temporary Construction and Access Easement, and for purposes incidental to the construction of Grantee's construction project. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said termination date the Grantee shall have no further obligation or liability in connection with said parcel. Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written consent of Grantee. Grahtee shall have the fight to erect, maintain, and use gates in all fences which now cross or which may hereal~er cross the area and use a practical route or routes of ingress and egress thereto and therefrom Grantee shall have the right to ~ cut and/or remove txees, foliage and roots upon and fi-om within the area. Grantee has the right to dePosit tools, implements, and other materials on the area and to utilize construction, automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights hereunder. Signed this day of , 20__ Grantor(s)' signature(s): Jewels of Charity Inc. By:. By: It's It's (Notary Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of Chala Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June $, 1990, and the grantee(s) consent(s} to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: 230 ~X ~11 I~J~ ~ LEGAL DESCRIPTION ALL ~T ~R~ON OF LOT ~5 OF OTAY ~O, ~ ~ ~l'l'f OF ~ ~A, CO~ OF S~ D~, ~A~ OF CAL~O~, ACCO~ ~ ~ ~OF NO. ~2, ~ ~ ~ O~CE OF ~ CO~ ~0~ OF S~ ~ CO~, ~RU~Y 7, 1~, ~CL~n'~ A S~ OF ~, ~.~ ~ ~E, L~G 20.~ ~'1' ON ~CH S~E OF ~ FOLLO~G D~ C~'I'~: BEG~G AT A ~ ON ~ ~Y BO~Y OF S~ LOT. 15, D~ ~ON NOR~ 18°41'17' ~T 2~2.77 ~ ~OM ~ ~~ CO~ OF S~ . LOT; ~CE NOR~ 7~'59" ~ ~.~ ~; ~ NOR~ 75°39'~" ~ 5~.98 ~; ~CE NOR~ 76°43'11" ~ 317.~ ~; ~ NOR~ ~'14" ~ 38.~ ~ TO ~ BEG~G OF A 1149.~ F~ ~S ~, CONCA~ NOR~T~Y; ~CE NOR~Y ~ONG S~ ~ ~OU~ A C~'I'~ ~G~ OF 15~56'17', A D~T~ OF 319.89 ~r; ~CE NOR~ ~3'57' ~T 73.10 ~ ~ ~ B~G OF A I149.~ F~T ~S C~, CON~ SO~~Y; ~ NOR~Y ~ONG S~ C~ ~OUGH A ~'1'~ OF I~36'0t", A DIST~ OF 212.76 ~; ~NCE NOR~ ~39'58" ~ 78.~ F~-I' TO ~ BEG~G OF A 2~.~ F~T ~S C~, CON~ SO~I:~Y; ~NCE NOR~'I'~Y ~ONG S~ C~ ~OUGH A CEN'I'~ ~G~ OF 6°59'56', A DIe--CE OF 3~.45 ~; ~CE NOR~ 61~9'~" ~T 51.62 ~; ~CE NOR~ 38°45'29" ~ST ~-~ ~; ~CE NOR~ 15~51'05" ~ST 179.~ ~ TO ~E BEG~G OF A NON-T~G~ 2~9.~ F~T ~S C~, CONCA~ So~~Y, A ~ ~OM S~ ~ B~ ~ 65008'36, ~; ~CE NOR~S~Y ~NG S~ C~ ~OUGH A C~ ~G~ OF ~'~", A DIe--CE OF ~.29 ~T TO A ~ ON ~ ~S'I'~Y BO~Y OF S~ ~T 15, S~ ~ B~G DIST~ ~ON NOR~ 18041'58, ~ 2501.93 ~ ~OM ~ SO~AST CO~ OF S~ LOT. ~E S~ .~ OF S~ ~.~ F~T ~ TO BE PRO~NG~ OR SHORteD TO M~ AT ~GLE PO~ ~E~ONS, ~ TO ~A~ AT ~ ~Y ~ ~S'I~Y BO~Y OF S~ LOT 15. S~ ~ 'B" A~A~ HE, TO ~ ~E A P~ ~OF BY ~S ~'~CE. ' DA~ 2-31-2~ H:~-~ddev~dd1t2~5~GRNDiD~cume~iPh3Esmf~$[TempC~mtEsm~589-APNr`~i~9~3~TCE~d~c 03/27/02 ! EASEMENTS AREA TABLE- LARGER PARCS.' AREA T~I.E 1EdI'0RMY * 5~,180 S.~. (EXCLIJO~ U.F. Ek.SINENT OflJ~ll~ & FIIOPOSED ~o ~ ~IDICATES ~ OF PROPOS~ INCLUDE PROPOSI~ PER),~NEI~f I NOTES: EASE~IENf 1. ALI. DII~EN~ION$ SHOWN HEREON N~E CONPILED FRO~ RECORO DATA. 2. ALL ~FA$ SHOWN HEREON EXCLUDE ROAD, STI~-Ef '& HISHWA¥ 3. EXISTIN~ EASI~ENT TO THE KI)~I~U. BROTHERS ~ATER CO. REC. 10-14-1869 RECORD. U~OEHD: HIGHWAY F. ASi~ENTS EXHIBIT 'A' IN DE~ TO 6-24-1612 IN BK. 570, P~. 115 OF DEEDS. OWHED fl4 F'EE BY THE ~ OF SMI DIEGO. · '~PIRES 12-;31-2002 0RAPHI¢ ~CALE ' 232 · m{ ]?lgHIBIT "B"s~. ~ oF ~ BOUNDARY MAP 86~ R~2~.92' ~N:~O~ L~.~' i 51 ~ ~ WIDE P~ ~ ~ ~ 7~.0~ '~-0~3 ~:"~ 40.00' WIDE {~ I~. I'EMPOP~%RY EASEMENT ; PROPOSED PER~NE34T C:.ASE14~3~ PER Exhibit SECOND ADDENDUM TO THE FINAL PROGRAM EIR FOR THE SALT CREEK INTERCEPTOR SEWER BY THE CITY OF CHULA VISTA EIR 01-03 SCH# 2000111072 May20,2002 1.0 INTRODUCTION The Final Program EIR, Salt Creek Interceptor Sewer, certified in July 17, 2001 ("Final EIR"), contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the Salt Creek Interceptor Sewer project. The Final EIR prepared for the Salt Creek Interceptor Sewer Project (Project) addressed the potential environmental effects of a proposed pipeline facility including an interceptor and four laterals spanning from the Salt Creek drainage in Eastern Chula Vista to the western edge of the City via Main Street. The analysis of thc Staff Recommended Alignment Alternative Project included discussion of Policy Option 1 and Policy Option 2, as alternative alignments for a portion of the span aimed at reducing certain potential environmental impacts. In addition, the first Addendum to the Final Program EIR also evaluated two additional policy options, Policy Option 3 and Policy Option 4, for a portion of the span of the Staff Recommended Alignment Alternative. The purpose of this Addendum is to discuss a minor refinement that has been made to the Staff Recommended Alignment Alternative for Policy Option 3. In advancing the design efforts for the facility, staff has determined that the northernmost portion of the pipeline segment referred to as Reach 3 in the Final EIR, needs to be adjusted for topographic and other design considerations. The adjustment is proposed in the northernmost portion of Reach 3, from the connection to the Olympic Parkway Pump Station. The alignment for the first approximately 250 foot segment of Reach 3 would be adjusted approximately 55 feet to the south of the alignment analyzed in the Final EIR (please refer to Figure 1). The proposed alignment would shorten the total length of that segment by approximately 70 linear feet, and would reduce the total area of impact (both permanent and temporary) by approximately 5,000 square feet or 0.12 acre. However, specific impacts to habitat types vary, due to the location of different habitats within the proposed alignment. For sensitive habitats, the adjusted alignment would result in an increase in impacts to cismontane alkali marsh (+0.0036 acre or 157 square feet), an increase in impacts to disturbed coastal sage scrub (+0.022 acre or 958 square feet) and a reduction in impacts to tamarisk scrub (-0.0698 acre or 3,040 square feet). 2.0 CONSIDERATION OF CHANGED CIRCUMSTANCES AND POTENTIALLY SIGNIFICANT NEW INFORMATION The proposed adjustment to Reach 3 of the Staff Recommended Alignment, Policy Option 3, represents changed circumstances that have occurred since the certification of the Final EIR. In considering these changed circumstances, the City shall be relieved of having to prepare a subsequent EIR unless the City determines, on the basis of substantial evidence in the light of the whole record that: (1) Substantial changes are proposed in the project which will require major revisions of the EIR... due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR... due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete..., shows any of the following: (A) The project will have one or more significant effects not discussed in the EIR; (B) Significant effects previously examined will be substantially more severe than shown in the EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines, Section 15162.) In the event that one of these conditions would require the preparation ora subsequent EIR, but only minor additions or changes would be necessary to make the previous EIR adequately apply to the City of Chula Vista 2 Second Addendum to Final EIR Salt Creek Sewer Interceptor Sewer Final EIR 05/22/02 project in the changed situation, the City could appropriately choose instead to prepare a supplement to the Final EIR (CEQA Guidelines, Section 15163, subd. (a)). In the alternative, where the changes or new information will result in no new impacts, or no more severe impacts, than any that were disclosed in the previous EIR for the Project, it is appropriate for the City to prepare an addendum pursuant to CEQA Guidelines, Section 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162," and that the explanation needs to be supported by substantial evidence (CEQA Guidelines, Section 15164, subd. (e)). The addendum need not be circulated for public review, but may simply be attached to the Final EIR (Ibid.; CEQA Guideline, Section 15164, subd. (c)). Thus, in the following inquiry the City considers under the standards articulated above whether the changed circumstances reveal or create previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, Sections 15162, 15163, 15164, subd. (a)). As the discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Program Environmental Impact Report for the Salt Creek Interceptor Sewer, pursuant to CEQA Guidelines, Section 15164. 2.1 Alignment Adjustment Additional alignment planning and design work that has taken place since the certification of the Final EIR has resulted in modification of the alignment location for a portion of the segment identified as Reach 3. The adjustment is proposed in the northernmost portion of Reach 3, from the connection to the Olympic Parkway Pump Station. The alignment for the first approximately 250 foot segment of Reach 3 would be adjusted approximately 55 feet to the south of the alignment analyzed in the Final EIR, as shown in Figure 1. The proposed alignment would shorten the total length of that segment by approximately 70 linear feet, and would reduce the total area of impact (both permanent and temporary) by approximately 5,000 square feet or 0.12 acre. However, specific impacts to habitat types vary, due to the location of different habitats within the proposed alignment. For sensitive habitats, the adjusted alignment would result in an increase in impacts to cismontane alkali marsh (+0.0036 acre or 157 square feet), an increase in impacts to disturbed coastal sage scrub (+0.0220 acre or 958 square feet) and a reduction in impacts to tamarisk scrub (-0.0698 acre or 3,040 square feet). The only environmental issues that could potentially be affected by this change are biological resources (because, as mentioned, the impact to different habitat types would change), and cultural resources, because of the change in location of impacts. The other environmental issue areas discussed in the Final EIR would not be affected, or would be reduced, due to the overall decrease in total project impact area. Biological Resources City of Chula Vista 3 Second Addendurn to Final EIR Salt Creek Sewer Interceptor Sewer Final EIR 05/22/02 While the alignment adjustment would result in an overall decrease in impacts to sensitive habitats, it would result in a slight increase in impacts to disturbed coastal sage scrub and cismontane alkali marsh. The Final EIR provided impact estimates based on figures that would not likely recognize the change represented by the proposed alignment adjustment, because the difference is so slight, and because figures presented in the Final EIR were rounded. The reason the figures are being presented in such exacting terms in this Addendum is to recognize that there are slight differences. However, those differences are not considered to be significant, because they do not represent a substantial increase in impacts that were identified and analyzed in the Final EIR. Cultural Resources The proposed adjustment to the Staff Recommended Alignment, Policy Option 3 is within an area that was not identified to contain any sensitive cultural resources, based on reconnaissance level survey work conducted for the Otay Ranch Project, as discussed in the Final EIR. The alignment adjustment would therefore, not result in any additional significant impacts to cultural resources beyond what was analyzed in the Final EIR. 3.0 CONCLUSION Based on the discussion contained in this document, the City has duly considered the environmental effects of the forthcoming decisions of whether to approve the Staff Recommended Alignment, Policy Option 3 of the Salt Creek Interceptor Sewer, in light of the changed circumstances and new information identified herein (CEQA Guidelines, 15162, 15163). Given the City's consideration and conclusions reached above, the City may properly prepare an Addendum to the Final EIR, because none of the changed circumstances or new information requires the preparation of a subsequent EIR (CEQA Guidelines, Sections 15162, 15163, 15164, sub& (a)). This document has identified all changed circumstances and potentially significant new information since certification of the Final EIR, and memorializes in detail the City's reasoned conclusion that of none of these changes create the conditions requiting the preparation ora subsequent EIR pursuant to CEQA Guidelines, Sections 15162 and 15163. Therefore, in accordance with CEQA Guidelines, Section 15164 subdivisions (c) and (e), this document shall serve as an Addendum to the Final EIR, and shall fulfill the City's obligation to consider whether the changed circumstances and potentially significant new information identified herein compel the preparation of a subsequent EIR (CEQA Guidelines, Sections 15162, 15163). City of Chula Vista 4 Second,qddendum to Final E1R Salt Creek Sewer Interceptor Sewer Final EIR 05/22/02 MAY. 13,2U02 3:52PM N0.5498 P. 2/2