HomeMy WebLinkAboutReso 2018-074RESOLUTION NO. 2018-074
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A JOINT USE AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF
CHULA VISTA FOR THE COLOCATION OF A CITY OF SAN
DIEGO WATERLINE WITHIN THE JOINT USE AREA
LOCATED IN PORTIONS OF OLYMPIC PARKWAY, LA
MEDIA ROAD, OTAY VALLEY ROAD AND ALL TO BE
CONSTRUCTED AND NAMED STREETS IN THE OTAY
RANCH VILLAGE 2, VILLAGE 8 WEST, AND VILLAGE 9
COMMUNITIES AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, City of San Diego (“San Diego”) owns potable water pipelines within the
Otay Ranch Community in the City of Chula Vista (“Chula Vista”); and
WHEREAS, Baldwin & Sons, LLC. (“Baldwin”), a developer of a certain real property
within Chula Vista, commonly known as Otay Ranch Village 2 (“V2”) amended the V2
development plan (“Baldwin Plan Amendment”) on November 4, 2014; and
WHEREAS, Otay Land Company, LLC. (“OLC”), the developer of Otay Ranch Village
8 West (“V8W”) and Otay Ranch Village 9 (“V9”), amended the V8W and V9 development
plans on June 3, 2014 (“OLC Plan Amendment”); and
WHEREAS, the Baldwin Plan Amendment and OLC Plan Amendment conflict with
certain water transportation facilities owned and operated by San Diego commonly known as
Otay 2nd Pipeline, Otay 3rd Pipeline, and South San Diego Pipelines 1 and 2 (collectively
referred to as the “Otay Pipelines”); and
WHEREAS, the Baldwin Plan Amendment and OLC Plan Amendment required Baldwin
and OLC to relocate the Otay Pipelines into portions of Olympic Parkway, portions of La Media
Road, Otay Valley Road and to be constructed and named public streets in the City of Chula
Vista, State of California within the Joint Use Area (as defined in the Joint Use Agreement); and
WHEREAS, the Joint Use Area, as described in the Joint Use Agreement and depicted in
the associated exhibits to the Joint Use Agreement, will be established and will set forth the San
Diego’s and Chula Vista’s respective rights and obligations within the Joint Use Area until the
Otay Pipelines are relocated; and
WHEREAS, San Diego’s Public Utilities Department agreed to allow the relocation of
Otay Pipelines into the Joint Use Areas and will thereafter operate and maintain the pipelines and
all appurtenances for such purposes located in, under and across that certain right-of-way
previously dedicated to Chula Vista by Baldwin as Olympic Parkway and La Media Road, and
certain right-of-way previously dedicated to Chula Vista by OLC as La Media Road and Otay
Valley Road on property located in San Diego County, California; and
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Resolution No. 2018-074
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WHEREAS, Chula Vista desires to construct, operate and maintain a future regional
public transportation facility and related improvements, including but not limited to: a bus
guideway; landscape, sewer and storm drain pipelines and appurtenances; traffic signals and
signal interconnections; irrigation lines and irrigation control devices along with existing
facilities and other improvements located in, upon, over, under and across Olympic Parkway, La
Media Road and Otay Lakes Road rights-of way; and
WHEREAS, Chula Vista and San Diego desire to set forth their respective rights and
obligations in the event of actual or potential present or future conflicts in the construction,
operation or maintenance of their respective facilities within the Joint Use Area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the Joint Use Agreement between the City of Chula Vista and City of San Diego
for the colocation of a City of San Diego waterline within the Joint Use Area located in portions
of Olympic Parkway, La Media Road, Otay Valley Road, and all to be constructed and named
streets in the Otay Ranch Village 2, Village 8W, and Village 9 communities in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
City Manager or his designee to execute same.
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Resolution No. 2018-074
Page No. 3
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of May 2018 by the following vote:
AYES: Councilmembers: Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilar
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-074 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of May 2018.
Executed this 15th day of May 2018.
Kerry K. Bigelow, MMC, City Clerk
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Recording Requested by and When
Recorded Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Above Space for Recorder’s Use Only
JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA
AND THE CITY OF SAN DIEGO
This JOINT USE AGREEMENT ("Agreement") is made this _____ day of
_________________, 201_, by and between the CITY OF CHULA VISTA, a municipal
corporation ("CV"), and THE CITY OF SAN DIEGO, a municipal corporation ("SD")
(individually referred to as the “Party” and collectively as the “Parties”) and is made with reference
to the following facts:
RECITALS
A. WHEREAS, SD is engaged in the activity of conveying water to the environs
of the City of San Diego, State of California;
B. WHEREAS, the existing water main pipeline commonly known as the Otay 2nd
Pipeline, owned and operated by SD, crosses existing public streets (Santa Diana Road and Santa
Victoria Road) and to be constructed public streets (Ortega Street) in the area commonly known
as Otay Ranch Village 2 (“V2”), as described in attached Exhibit A and shown on attached Exhibit
B;
C. WHEREAS, Baldwin & Sons, LLC. (“Baldwin”), is the developer of V2, as
approved by CV pursuant to Resolution No. 2012-013, recorded with the San Diego County
Recorder as Document No. 2012-0196901 on April 4, 2012; and as amended as the V2
development plan (“Baldwin Plan Amendment”) on November 4, 2014;
D. WHEREAS, the Baldwin Plan Amendment is in conflict with the Otay 2nd
Pipeline;
E. WHEREAS, as a condition of approval of the Baldwin Plan Amendment and
Tentative Map No. PCS-12-05, Baldwin is required to relocate the Otay 2nd Pipeline into portions
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of Olympic Parkway and La Media Road in the City of Chula Vista, State of California (“Joint
Use Area V2”), as described in attached Exhibit C and shown on attached Exhibit D;
F. WHEREAS, Otay Land, LLC (“OLC”), the developer of certain real property
commonly known as Otay Ranch Village 8 West (“V8W”) and Otay Ranch Village 9 (“V9”),
amended the V8W and V9 development plans on June 3, 2014 (“OLC Plan Amendment”);
G. WHEREAS, the OLC Plan Amendment is in conflict with the Otay 2nd Pipeline
and other water transportation facilities owned by SD and commonly known as Otay 3rd Pipeline,
and South San Diego Pipelines 1 and 2 (collectively referred to as the “Otay Pipelines”), as
described in attached Exhibit G and shown on attached Exhibit H;
H. WHEREAS, as a condition of approval of the OLC Plan Amendment and Tentative
Map No. PCS-12-05, OLC is required to relocate the Otay Pipelines into portions of La Media
Road, Otay Valley Road and to be constructed and named public streets in the City of Chula Vista,
State of California (“Joint Use Area V8W and V9”), as described in attached Exhibit E and shown
on attached Exhibit F for V8W and as described on attached Exhibit G and shown on attached
Exhibit H for V9;
I. WHEREAS, the Joint Use Area V2 and the Joint Use Area V8W and V9 shall be
referred to collectively hereinafter as the “Joint Use Area”;
J. WHEREAS, CV desires to construct, operate and maintain a future regional public
transportation facility and related improvements, including but not limited to: a bus guideway;
landscape, sewer and storm drain pipelines and appurtenances; traffic signals and signal
interconnections; irrigation lines and irrigation control devices along with existing facilities and
other improvements located in, upon, over, under and across Olympic Parkway, La Media Road,
and Otay Valley rights-of way;
K. WHEREAS, SD is willing to allow the relocation of the Otay Pipelines into the
Joint Use Area and will thereafter operate and maintain the pipeline and associated facilities and
appurtenances for such purpose located in, under and across that certain right-of-way previously
dedicated to CV by Baldwin as Olympic Parkway and La Media Road, and certain right-of-way
previously dedicated to CV by OLC as La Media Road and Otay Valley Road on property located
in City of Chula Vista, State of California;
L. WHEREAS, Baldwin and OLC will perform the actual relocation of the Otay
Pipelines which will result in the placement of the Otay Pipelines within the Joint Use Area, as
further set forth in that certain Participation Agreement for the Design and Construction of the
Otay 2nd Pipeline Relocation and Related Facilities, on file in the Office of the San Diego City
Clerk as Document No. OO-20464, and incorporated herein by reference;
M. WHEREAS, CV and SD desire to set forth their respective rights and obligations
in the event of actual or potential present or future conflicts in the construction, operation or
maintenance of their respective facilities within the Joint Use Area.
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NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which is
hereby acknowledged, the Parties hereby agree as follows:
1. Non-Interruption of Use or Operation of Facilities. Each Party agrees and
covenants not to interrupt the use or operation of the other Party’s facilities located within that
Joint Use area. Any temporary interference by one Party with the use or operation of the other
Party’s facilities shall be made only with the other Party’s prior written consent. SD specifically
agrees, except as provided in paragraph 9 below, that during any temporary interference it will, as
practical, neither cause any lane of CV’s roadways to be closed for the entire length of such roads
nor cause the flow of traffic to be reduced to less than two lanes on such roads. The Parties agree
and covenant to work in good faith with the other Party to permit such temporary interference, and
the Party whose facilities are being interfered with shall not unreasonably withhold its consent to
such interference. Any and all costs, expenses or losses incurred by the Party whose facilities are
interfered with shall be borne by the Party causing the interference.
2. Neither Party First in Place. Neither SD nor CV shall be deemed the party “First
in Place” or prior in time and superior in title to the other.
3. Future Relocation of Facilities. In the event that future construction (including
expansion), operation or maintenance of SD’s or CV’s facilities shall cause the need for relocation
of some or all of the other’s facilities, the Party causing the relocation shall bear all costs, expenses
and losses of or resulting from the relocation. Any relocation shall not occur without the prior
written consent of the Party whose facilities are being relocated, which consent shall not be
unreasonably withheld.
4. Effective Date. The effective date of this Agreement shall be the date this
Agreement is recorded with the San Diego County Recorder’s Office.
5. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the representatives, agents, successors, assigns and interests of the
Parties as to any or all of the Joint Use Area, until released by the mutual consent of the Parties.
6. Agreement Runs with the Land. The covenants and terms contained in this
Agreement shall create equitable servitudes on the property described in attached Exhibits C,
E and G, and as shown in attached Exhibits D, F and H. If such covenants are breached, each
Party shall have the right to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such breach to
which either Party may be entitled.
7. Quitclaim of Interests by SD. In the event that SD permanently terminates the
use of the Joint Use Area for the purposes set forth herein, SD shall quitclaim its interests at
no cost or value, to CV. For purposes of interpreting this Agreement, the term “permanently
terminates” shall mean a willful termination of the use as evidenced by written action or
document of either the governing body or official or employee possessing appropriate authority
of SD.
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8. Written Consent for Construction or Placement of Structures. No Party
shall place or construct, or permit the placement or construction of, any new structures,
temporary or permanent, on the Joint Use Area, without the prior written consent of the other
Party. Notwithstanding the foregoing, SD acknowledges and agrees that CV shall not be
required to obtain prior written consent to conduct routine maintenance or repairs of pavement,
streets, curbs, gutters, sidewalks, light and sign posts, landscaping, dry utilities, wet utilities,
or traffic signals on or within the Joint Use Area.
9. Emergency Repairs. Notwithstanding any contrary provision of paragraph 1
hereinabove, in the event of damage caused by an act of God, war, or other casualty, or damage
caused under circumstances where it would be impractical or impossible for one Party to notify
the other Party of the necessity for temporary interference with the other Party’s facilities, the
Party creating the temporary interference may, without notice, enter upon the Joint Use Area
and make emergency repairs to restore its service. The Party creating the temporary
interference shall, however, take reasonable and prudent measures to protect the installations
of the other Party and minimize such interference, and, as soon as practically possible, notify
the other Party of such emergency repairs. If permanent repairs are required after such
emergency repairs have been made, reasonable notice shall be given to the other Party. In the
event of any emergency situation, each Party will make all reasonable efforts to notify the other
prior to such construction activities.
10. Mutual Indemnification. SD and CV agree that, except as provided in
Paragraphs 13.e, 13.f, and 13.g herein, each shall indemnify and hold the other harmless from
and against liability, loss, cost, damage and expense arising from (i) any negligent act or
omission of the other, its employees, agents, contractors, successors and assigns or (ii) the
location and existence of the other’s above-described facilities, whether defective or otherwise,
including, but not limited to, any such loss, cost, damage, liability and expense arising from
damage to or destruction of real and personal property or injury to or death of any person, shall
be determined by the law in effect at the time of incident giving rise to such liability, loss,
costs, damages or expense; provided, however, that liability and indemnification obligations
shall not be limited in any way by any limitation on the amount or type of damages,
compensation of benefits payable by or for the other under any Worker’s Compensation Acts,
Disability Benefit Acts or other Employee Benefit Acts. Liability to a third party(ies) shall be
divided between SD and CV in proportion to the measure of SD and CV’s liability.
Notwithstanding the foregoing, each Party shall hold harmless the other against damage to or
destruction of the indemnitor’s facilities caused by an act(s) of a third party(ies).
11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be original and all of which shall constitute one and the same
documents.
12. Recording. The Parties hereto shall cause this Agreement to be recorded in the
Official Records of the San Diego County Recorder’s Office.
13. Miscellaneous Provisions.
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13. a. Notices. Unless otherwise provided in this Agreement or by law, any and
all notices required or permitted by this Agreement or by law to be served on or delivered to either
Party shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the Party to whom it is direct, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or prepaid, addressed to the address indicated
in this Agreement. A Party may change such address for the purpose of this paragraph by giving
written notice of such change to the other Party in the manner provided in this paragraph.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
CITY OF SAN DIEGO
Public Utilities Director
9192 Topaz Way
San Diego, CA 92123-1119
CITY OF SAN DIEGO
Attention: Director, Real Estate Assets Department
1200 Third Avenue, Suite 1700 (MS 51A)
San Diego, CA 92101
13.b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of its
terms.
13.c. Entire Agreement. This Agreement together with any other written
documents referred to herein, embody the entire agreement and understanding between the Parties
regarding the subject matter hereof and any and all prior or contemporaneous oral or written
representations, agreements, understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the Parties
unless expressly noted.
13.d. Recitals, Exhibits. Any recitals set forth above and any attached
exhibits are incorporated by reference into this Agreement.
13.e. Compliance with Laws. Each Party agrees to comply with all
applicable laws, ordinances, governmental regulations or agreements, regarding the habitat,
protected species, water quality, solid wastes, hazardous wastes, hazardous materials, toxic
substances, and any and all other forms of pollution or nuisance control (herein collectively
referred to as (“Standards”).
13.f. Mutual Indemnification for Abating Violation of Standards by
Other Party. Each Party shall indemnify the other Party for all costs (including, but not
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limited to consulting, engineering, mitigation, clean-up, containment, disposal, and legal
costs) incurred by the other Party as a result of abating a violation of Standards in any
proceeding before any authority or court, and paying any fines or penalties imposed because
of a violation of any Standards, which result from a Party failing to comply with the
Standards.
13.g. Mutual Hold Harmless by and between SD and CV. SD and CV
hereby assumes liability for, and shall indemnify and hold harmless the other from any suit,
enforcement action, or claim resulting from or relating to (1) any alleged violation of
Standards, or (2) all injuries to or death of any persons and loss of or damages to property,
including without limitation, employees and property of the other, and which relate to any
alleged violation of Standards which would not have arisen but for the actions, or inactions,
of the other.
13.h. Authority of Signatories. Each signatory and Party hereto hereby
warrants and represents to the other Party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that all resolutions and/or other
actions have been taken so as to enable said signatory to enter into this Agreement.
13.i. Modification. This Agreement may not be modified, terminated, or
rescinded, in whole or in part, except by written instrument duly executed and acknowledged
by the Parties hereto, their successors, or assigns and duly recorded in the Office of the San
Diego County Recorder.
13.j. Severability. If any term, covenant or condition of this Agreement or
the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant,
or condition to person or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term, covenant, or condition shall be
valid and be enforced to the fullest extent permitted by law.
13.k. Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a Party or its attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both Parties participated equally in the
preparation and/or drafting this Agreement.
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SIGNATURE PAGE TO
JOINT USE AGREEMENT BY AND BETWEEN
CITIES OF CHULA VISTA AND SAN DIEGO
IN WITNESS WHEREOF, this Agreement is executed to be effective on the Effective
Date.
CITY OF CHULA VISTA
Gary Halbert, City Manager or Authorized
Designee
Date: _______________________________
CITY OF SAN DIEGO
By:
Vic Bianes
Public Utilities Director
Date: _______________________________
By:
Cybele L. Thompson
Director, Real Estate Assets
Date: _______________________________
Attest:
Kerry Bigelow, City Clerk
Approved as to form:
Glen R. Googins
City Attorney
Date: _______________________________
Approved as to form:
MARA W. ELLIOTT
City Attorney
By:
Hilda Mendoza
Deputy City Attorney
Date:
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EXHIBIT “C”
LEGAL DESCRIPTION
JOINT USE AREA
THOSE PORTIONS OF LA MEDIA ROAD DEDICATED TO PUBLIC USE PER CHULA VISTA
TRACT NO. 05-09 OTAY RANCH VILLAGE 7 “A” MAP NO. 1 ACCORDING TO MAP
THEREOF NO. 15134 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY SEPTEMBER 27, 2005 AND CHULA VISTA TRACT NO. 02-05 OTAY RANCH
VILLAGE 6 UNIT 2 “A” MAP NO. 1 ACCORDING TO MAP THEREOF NO. 14447 FILED IN
THE OFFICE OF SAID COUNTY RECORDER SEPTEMBER 18, 2002 AND CITY TRACT NO.
02-03 MCMILLIN OTAY RANCH VILLAGE 6, “A” MAP ACCORDING TO MAP THEREOF NO.
14432 FILED IN THE OFFICE OF SAID COUNTY RECORDED AUGUST 30, 2002
TOGETHER WITH THOSE PORTIONS OF OLYMPIC PARKWAY DEDICATED TO PUBLIC
USE PER CHULA VISTA TRACT NO. 98-04 MCMILLIN OTAY RANCH SPA 1 PHASE 3
ACCORDING TO MAP THEREOF NO. 13884 FILED IN THE OFFICE OF SAID COUNTY
RECORDER DECEMBER 8, 1999 AND CHULA VISTA TRACT NO. 96-04A OTAY RANCH
VILLAGE 1 “A” MAP NO. 2 ACCORDING TO MAP THEREOF NO. 13990 FILED IN THE
OFFICE OF SAID COUNTY RECORDER JUNE 27, 2000, ALL IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEING A 40.00 FOOT WIDE STRIP OF LAND LYING 20.00 FEET ON BOTH SIDES OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT “C” OF CHULA VISTA TRACT NO.
06-05 OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4 “A” MAP, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 15350 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY MAY 26, 2006, SAID POINT ALSO BEING ON THE WESTERLY SIDELINE OF LA
MEDIA ROAD DEDICATED PER SAID MAP NO. 15134; THENCE ALONG THE SOUTHERLY
SUBDIVISION BOUNDARY OF SAID MAP NO. 15134 NORTH 71°57’57” EAST, 33.40 FEET
TO A LINE LYING 32.00 FEET EASTERLY OF AND PARALLEL WITH SAID WESTERLY
SIDELINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE
NORTH 34°39'20" WEST, 761.41 FEET TO THE BEGINNING OF A 3032.00 FOOT RADIUS
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CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35°47'15" A DISTANCE OF 1893.81 FEET; THENCE
NORTH 01°07'54" EAST, 715.03 FEET TO THE BEGINNING OF A 1476.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01°13'17" A DISTANCE OF 31.46 FEET; THENCE
NORTH 00°05'23" WEST, 155.69 FEET TO THE BEGINNING OF A 1524.00 FOOT RADIUS
CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01°13'17" A DISTANCE OF 32.49 FEET; THENCE
NORTH 01°07'54" EAST, 109.65 FEET; THENCE NORTH 06°27'23" WEST, 90.87 FEET;
THENCE NORTH 01°07'54" EAST, 161.69 FEET; THENCE LEAVING SAID PARALLEL LINE
NORTH 03°46'28" EAST, 130.12 FEET; THENCE NORTH 01°07'54" EAST, 170.87 FEET TO
THE BEGINNING OF A 95.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
13°06'57" A DISTANCE OF 21.75 FEET TO THE BEGINNING OF A 135.00 FOOT RADIUS
REVERSE CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
75°45’09” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 13°06'57" A DISTANCE OF 30.90 FEET TO A LINE LYING 32.00 FEET
EASTERLY OF AND PARALLEL WITH THE WESTERLY SIDELINE OF SAID LA MEDIA
ROAD; THENCE ALONG SAID PARALLEL LINE NORTH 01°07'54" EAST, 243.29 FEET TO
THE BEGINNING OF A 2020.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03°20'42" A DISTANCE OF 117.93 FEET TO THE BEGINNING OF A 4368.00 FOOT RADIUS
COMPOUND CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS
NORTH 87°47’13” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 19°47'29" A DISTANCE OF 1508.82 FEET TO THE
BEGINNING OF A 4366.00 FOOT RADIUS NON-TANGENT COMPOUND CURVE CONCAVE
SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 66°59'30" EAST,
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°59'43" A DISTANCE OF 228.25 FEET TO THE BEGINNING OF A 4364.00
FOOT RADIUS NON-TANGENT COMPOUND CURVE CONCAVE SOUTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 65°00'02" EAST, THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03°29'52" A DISTANCE OF 266.40 FEET; THENCE NORTH 28°29'50" WEST, 53.50 FEET TO
THE BEGINNING OF A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
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LEAVING SAID PARALLEL LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 89°33'20" A DISTANCE OF 78.15 FEET; THENCE SOUTH 61°56'50"
WEST, 170.24 FEET TO THE BEGINNING OF A 170.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 18°33'00" A DISTANCE OF 55.04 FEET TO THE BEGINNING OF A
210.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 09°30’10” WEST; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 19°26'50" A DISTANCE OF 71.28 FEET TO A
LINE LYING 32.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHERLY
SIDELINE OF SAID OLYMPIC PARKWAY; THANCE ALONG SAID PARALLEL LINE SOUTH
61°03'00" WEST, 48.95 FEET; THENCE SOUTH 62°00'21" WEST, 45.46 FEET TO THE
BEGINNING OF A NON-TANGENT 2476.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 28°31'39" WEST,
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 04°10'44" A DISTANCE OF 180.59 FEET TO THE BEGINNING OF A 3968.00
FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO
SAID POINT BEARS NORTH 32°42’23” WEST; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°41'07" A DISTANCE OF
324.48 FEET; THENCE SOUTH 52°36'30" WEST, 531.20 FEET TO THE BEGINNING OF A
4032.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04°35'30" A DISTANCE OF 323.13 FEET; THENCE SOUTH 57°12'00" WEST, 1010.45 FEET
TO THE BEGINNING OF A 9968.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°04'00" A DISTANCE OF 359.55 FEET; THENCE SOUTH 55°08'00" WEST,
918.09’ FEET TO A POINT IN THE CENTERLINE OF THAT CERTAIN WATER EASEMENT
GRANTED TO THE CITY OF SAN DIEGO PER GRANT DEED-WATER EASEMENT
RECORDED MARCH 7, 2008 AS DOC. NO. 2008-0121847, OF OFFICIAL RECORDS, SAID
POINT LYING 18.00 FEET NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS
OF THAT CERTAIN COURSE SHOWN AND DESCRIBED IN PARCEL “B” OF SAID WATER
EASEMENT AS “N34°52’00”W, 20.00’”, SAID POINT ALSO BEING THE POINT OF
TERMINUS.
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
0 1000
EXHIBIT "D"
JOINT USE AREA
2000 3000
SCALE 1 " = 1 000'
VILLAGE
OTA Y RAJ\JCH
VILLAGE 2
HERITAGE ROAD
LEGEND: = -=- -= INDICATES FUTURE JOINT USE AREA
SHEET 1 OF 4
OTA Y RAJ\JCH
VILLAGE 6
SANTA
VENETIA
STREET
BIRCH
ROAD
- -INDICATES SHEET LIMITS (THIS SHEET ONLY)[I] INDICATES SHEET NUMBER {THIS SHEET ONLY)
P. 0. C. INDICATES POINT OF COMMENCEMENT
T.P.0.8. INDICATES TRUE POINT OF BEGINNING
LOT C
MAP 15350
P.O.T.
( )
I I
INDICATES POINT OF TERMINUS
INDICATES RECORD DATA PER MAP NO. 15350
INDICATES RECORD DATA PER WATER EASEMENT TO THE CITY OF SAN
DIEGO RECORDED MARCH 7, 2008 AS DOC. NO. 2008-0121847, O.R.
HUNSAKER
& ASSOCIATES
PlNN«i 11117 w.i-... IIOIBNi 5111 DIIFt ca tzlZI
SlavMilC ..... t5IIO• fl181510551.1414
R:\0617\,!tMop\EX JUA Exhibit D-Futurt1 SHT 01.dwgllNov-26-2014:15:50 W.O. 2807-0031
P.O.C. SE COR. LOT C
MAP 15350
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
EXHIBIT "D"
JOINT USE AREA
SHEET 2 OF 4
SEE SHEET 3
STATE STREET ) B
1\/JAP 15350
11 --1,1
�
11"11-II� II� ....... 1 11
Lti II en .......
N01 °07'54"E 161.69'
N06 °27'2J·w 90.87'
N01 °07'54.E 109.65'
/J=01 °13'1r R=1524.00' L=32.49'
Noo·o5·2J"W 155. 69'
.IJ.=01 °13'17" R=1476.00' L=31.46'
-
tii�ni
OTA Y RAJ\JCH
VILLAGE 7
MAP 15134
OTA Y RAJ\JCH
VILLAGE 2
PORnON OF LA MEDIA ROAD
DEDICATED PER MAP NO. 15134.
0 500 1000 1500
SCALE 1 " = 500'
LOT
HUNSAKER
& ASSOCIATES
PlMNi 11'117Wlpa ....
BDIBNi s.. DIIFt ca !IZIZI
UVlYNl ...... t5IIO• FlC(ISIGSSP,WM
R:\0617\t!tMop\EX JUA Exhibit D-Futurt1 SHT 02.dwgllNov-26-2014:15:39 W.O. 2807-0031
SANTA
LUNA
STREET
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
EXHIBIT "D"
JOINT USE AREA
SHEET 3 OF 4
N62"00'21 "E 45.46' /J=04"10'44" R=2476.00' L=180.59' N32"42'23"Wi R
PORnON OF OLYMPIC---=----
PARKWAY DEDICATED
PER MAP NO. 13990.
HUNSAKER
& ASSOCIATES
IAN DIECQ, INC.
PORnON OF OLYMPIC
PARKWAY DEDICATED PER
MAP NO. 13884.
"'Lo_.......,.!J=03"29'52" R=4364.00' L=266.40'
MAP
JV/AP
N65"00'02"Ef!Jl_ R=4364'
/N63"59'47"E(R) R=4366' ,,��--===--/J=02"59'43" R=4366.00' L=228.25'
N66 °59'30"E.f!J2.. R=4366'
/"f.16 7°59'43"E(R) R=4368'
MAP 14492
PORnON OF LA MEDIA
ROAD DEDICATED PER
MAP NO. 14432.
OTA Y RAJ\JCH
VJLlAGE B
PORTION OF LA MEDIA ROAD
DEDICATED PER MAP NO. 14447.
/J=03"20'42" R=2020.00' L= 117.93'
NO 1 "07'54"E 243.29'
/J=13"06'57" R=135.00' L=30.90'
�'(£J!(Bl ·------,i:�N =13"06 '57" R=95.0 0' L=21.75'
NO 1 "07'54"E 170.87' N03"46'28"E 130. 12' STATE BIRCH ROAD
0 500 1000 1500
PWNIG !11117Wlplll.._ SCALE 1" =500' ENmllllNi 5111 ._, C& IZIZI UffllNG --t50D· ..... 1414
R:\0617\d:Map\EX JUA Exhibit 0-Futun, SHT OJ.dwg[}Nov-26-2014:16:42 W.O. 2807-0031
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
0
EXHIBIT "D"
JOINT USE AREA
500 1000
SCALE 1 " = 500'
1500
DTAY RAJ\JCH VILLAGE 1
MAP 13990
PORTION OF OLYMPIC PARKWAY DEDICATED PER MAP NO. 13990.
�-�-
SHEET 4 OF 4
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
EXHIBIT "G"
VILLAGE 9 JOINT USE AREA
LEGAL DESCRIPTION
THAT PORTION OF LOT 17 OF THE 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 38.00 FOOT WIDE STRIP OF LAND LYING 19.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE ALONG THE
WESTERLY LINE THEREOF NORTH 18°40'33" WEST, 891.63 FEET TO A POINT ON THE
NORTHERLY LINE OF THAT CERTAIN LAND GRANTED TO OTAY LAND COMPANY, LLC,
SHOWN AND DESCRIBED AS "PORTION 2 DESCRIPTION" IN GRANT DEED RECORDED
AUGUST 16, 2013 AS DOC. NO. 2013-0516511, OF OFFICIAL RECORDS; THENCE
CONTINUING ALONG SAID WESTERLY LINE OF LOT 17 NORTH 18° 40'33" WEST,
44.23 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING
OF A NON-TANGENT 2974.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 26°40'00" EAST; THENCE LEAVING SAID
WESTERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 06°23'05" A DISTANCE OF 331.41 FEET; THENCE NORTH 56°56'55"
EAST, 573.54 FEET TO THE BEGINNING OF A 1226.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°51'33" A DISTANCE OF 339.35 FEET; THENCE
NORTH 72°48'28" EAST, 1424.81 FEET TO THE EASTERLY LINE OF SAID LOT 17 AND THE
POINT OF TERMINUS, SAID POINT LYING 15.33 FEET SOUTHEASTERLY ALONG SAID
EASTERLY LINE FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE
NORTHERLY LINE OF SAID LAND DESCRIBED AS "PORTION 2 DESCRIPTION".
THE SIDELINES OF THE HEREINABOVE DESCRIBED 38.00 FOOT WIDE STRIP OF LAND
TO BE LENGTHENED OR SHORTENED TO TERMINATE WESTERLY IN SAID WESTERLY
LINE OF LOT 17 AND EASTERLY IN SAID EASTERLY LINE OF LOT 17.
PAGE 1 OF 2
:
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.328 ACRES, MORE OR
LESS.
DOU AS B. ROUP L.S. 8553
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF2
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6
DocuSign Envelope ID: A5AABE0D-5517-4ED7-A734-C4667373BDF6