HomeMy WebLinkAboutReso 2022-098RESOLUTION NO. 2022-098
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A DEED RESTRICTION TO
THE PATTY DAVIS PARK PROPERTY THAT IS REQUIRED
AS A CONDITION OF THE GRANT AWARD FOR THE
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM FROM THE STATE OF
CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION, OFFICE OF LOCAL GRANTS AND
SERVICES
WHEREAS, the City of Chula Vista (City) is the recorded owner of the real property
described in Exhibit A, which is attached hereto and incorporated herein by this reference (the
“Property”); and
WHEREAS, the California Department of Parks and Recreation (“DPR”) is a public
agency created and existing under the authority of section 5001 of the California Public
Resources Code ( “PRC”); and
WHEREAS, the City applied to DPR for grant funds available pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks
Bond Act, Statewide Park Development and Community Revitalization Program to create Patty
Davis Park in the City of Chula Vista, including the construction of playground areas, a
community garden, picnic areas with shelter, and a pathway/trail with art, lighting, and
landscaping throughout the park on the Property; and
WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally
approved Grant SW-37-014 ( “Grant”) to create Patty Davis Park in the City of Chula Vista,
including the construction of playground areas, a community garden, picnic areas with shelter,
and a pathway/trail with art, lighting and landscaping throughout the park on the Property,
subject to, among other conditions, recordation of a Deed Restriction on the Property; and
WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide
Park Development and Community Revitalization Program and the funds that are subject of the
Grant could therefore not have been allocated; and
WHEREAS, the City has elected to comply with the Deed Restriction of the Grant so as
to enable the City to receive the Grant funds and perform the work described in the Grant; and
WHEREAS, the Deed Restriction shall remain in full force and effect and shall bind the
City of Chula Vista for the period running from July 1, 2020 through June 30, 2050.
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
Resolution No. 2022-098
Page No. 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista that, in consideration of the issuance of the Grant funds by DPR, it authorizes the execution
of a Deed Restriction to the title of the property for Patty Davis Park in the manner and form as
attached hereto and by reference made a part hereof, subject to such minor modifications as may
be required or approved by the City Attorney, and authorizes the City Manager or designee to
execute the Deed Restriction
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
Resolution No. 2022-098
Page No. 3
Presented by Approved as to form by
Tracy Lamb Glen R. Googins
Director of Community Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of May 2022 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas 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. 2022-098 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 3rd day of May 2022.
Executed this 3rd day of May 2022.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
1
RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Karen Sims
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DEED RESTRICTION
I. WHEREAS, the City of Chula Vista (hereinafter referred to as “Owner(s)” is/are
recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as “DPR”) is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to
the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018
Parks Bond Act, Statewide Park Development and Community Revitalization Program to create Patty
Davis Park in the City of Chula Vista. Including, construct playground areas, a community garden, picnic
areas with shelter, and a pathway/trail with art, lighting and landscaping throughout the park on the
Property; and
IV. WHEREAS, on _July 1, 2021 , DPR’s Office of Grants and Local Services conditionally
approved Grant SW-37-014, (hereinafter referred to as “Grant”) to create Patty Davis Park in the City of
Chula Vista. Including, construct playground areas, a community garden, picnic areas with shelter, and a
pathway/trail with art, lighting and landscaping throughout the park on the Property, subject to, among
other conditions, recordation of this Deed Restriction on the Property; and
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
2
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park
Development and Community Revitalization Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from
July 1, 2020 through June 30, 2050.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statute, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
3
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction
up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of
DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights
regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ______________________, 20 ____
Business Name (if property is owned by a business): __________________________________________
Owner(s) Name(s): ____________________________________________________________________
_____________________________________________________________________________________
Signed: ________________________________ Signed: ________________________________
________________________________ ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE
(GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED)
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
4
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9
5
State of California
County of _______________
On __________________ before me, __________________________, a Notary Public,
personally appeared _____________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
DocuSign Envelope ID: A5FA90CB-90A2-437E-B790-FB212D7DA2D9