HomeMy WebLinkAbout2006/08/22 Item 6
COUNCIL AGENDA STATEMENT
Item G
Meeting Date: 08/22/06
ITEM TITLE:
Resolution Approving an Agreement between the City of Chula
Vista and Canyon Gateway Plaza, LLC, regarding Installation and
Maintenance of Landscaping and Utilities necessary for the completion of the
Telegraph Canyon Road/I-80S Interchange Project (CY-I02).
SUBMITTED BY:
Acting Director OfEn~ring~
Interim City Manager d /
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
The Telegraph Canyon/I-80S Interchange Project (CY-102) is nearing completion. The only
remaining work to be done is the installation of new landscaping and related improvements along the
frontage of the Canyon Plaza Shopping Center. This landscape work is being done to replace
landscaping removed during the reconstruction of the Telegraph Creek Channel and the widening of
Telegraph Canyon Road.
RECOMMENDATION: That Council adopt the Resolution approving an Agreement between the
City of Chula Vista and Canyon Gateway Plaza, LLC, regarding Installation and Maintenance of
Landscaping and Utilities necessary for the completion of the Telegraph Canyon Road/I-80S
Interchange Project (CY-102).
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
The widening of the westbound Telegraph Canyon Road approach to I-80S (CY-I02) along the
Canyon Plaza Shopping Center frontage to provide for an additional westbound lane for the I-80S
northbound ramp is nearing completion. The widening of Telegraph Canyon Road was identified by
the City Council as one ofthe most vital projects to facilitate congestion relief. In 1998, as part of
the Traffic Development Impact Fee (TDlF), Telegraph Canyon Road widening was identified as
Facility No.3 of the original TDlF program. This project was a requirement for four eastem territory
developers with each developer financing 25 percent of the cost of the project. Two of the three
phases of construction are now finished. Phase I was for the open channel modifications and Phase
II was for the roadway widening work. It is now necessary to approve an agreement with the
shopping center owner in order to complete the last phase of work, which is the landscaping. With
the completion of this final phase of the project each developer's share will be just over $1 million.
This phase requires the acquisition of an easement for landscaping purposes from the Canyon
Gateway Plaza. This easement consists of approximately 6,300 square feet and is already
encumbered with a City drainage easement. The owners of the shopping center are responsible for
the maintenance and the upkeep ofthe completed landscaping pursuant to City Ordinance No. 1516
and per Council direction as a part of the original shopping center conditions of approval. Since this
is the case, and because the owners recently completed the refurbishment and landscaping oftheir
center, it was agreed upon between the parties that it would be more practical and aesthetic for them
6-1
Page 2, Item ~
Meeting Date: 08/22/06
to construct these improvements using their own contractor and materials. The Agreement that is
the subject of this action provides for the conveyance of the required easement and for the
construction by the shopping center owner of the planned improvements.
Staffhas reviewed and approved the landscaping plans and the cost estimate for the work. The cost
estimate for the complete landscaping project is $294,472. Because there are some enhancements
being done by the owner, the City has agreed, subj ect to Council Approval, to reimburse the owner
$250,000 for the easement and landscape construction. All costs above that amount will be borne by
the owner The consideration will be paid to the owner as follows: Fifty Percent (50%) within 30
days of the execution of the subject Agreement by both parties and final approval by the City
Council, Forty Percent (40%) when one half (1/2) of the new landscaping has been installed and the
remaining Ten Percent (10%) payable after completion of all work and final inspection and approval
by the City.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project was covered in
the previously adopted MND IS-02-35
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no such holdings within 500' of the property that is the subject of this
action.
FISCAL IMPACT: No impact to the General Fund. This project is entirely funded by CFD
proceeds from four developers.
Attachments
1 Agreement Regarding Installation and Maintenance of Landscaping and Utilities
J :lEngineer\AGENDA \CAS2006\08-22-06\Telegraph gateway ful.doc
6-2
RESOLUTION NO
RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND CANYON
GATEWAY PLAZA, LLC, REGARDING INSTALLATION AND
MAlNTENANCE OF LANDSCAPING AND UTILITIES
NECESSARY FOR THE COMPLETION OF THE TELEGRAPH
CANYON ROADII-805 INTERCHANGE PROJECT (CY-l02).
WHEREAS, the widening of Telegraph Canyon Road was identified by the City
Council as one of the most vital projects in terms of congestion relief; and
WHEREAS, the Telegraph Canyon/I-805 Interchange Project (CY-l02) is
nearing completion with the only remaining work being the installation of new
landscaping and related improvements along the frontage of the Canyon Plaza Shopping
Center; and
WHEARAS, this phase of the project requires the acquisition of an easement for
landscaping and utility purposes from the Canyon Gateway Plaza shopping center; and
WHEREAS, it was agreed upon between the parties that it would be more
practical and aesthetic for the owners of Canyon Gateway Plaza to construct these
improvements using their own contractor and materials; and
WHEREAS, the agreement that is the subject of this action provides for the
conveyance of the required easement and for the construction by the shopping center
owner of the planned improvements; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project was covered in the previously adopted MND IS-02-35
NOW, THEREFORE, the City Council of the City Of Chula Vista does resolve
that:
I The Agreement between the City of Chula Vista and Canyon Gateway Plaza,
LLC, regarding Installation and Maintenance of Landscaping and Utilities
necessary for the completion of the Telegraph Canyon RoadlI-805 Interchange
Project (CY-102) ("Agreement") is approved. A copy of said Agreement is
attached hereto and by reference made a part hereof.
2. The Mayor and City Clerk are authorized to execute the Agreement on behalf of
the City.
6-3
3 The City Manager or his designee is authorized to execute any other documents
necessary to complete the transaction pursuant to the Agreement.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
J:\Attorney\MichaeISh\Agreement:s\GAM Gateway Canyon Plaza LS Maintenance-081406.Reso.doc
6-4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
rv1t
Dated. 8/16/06
Agreement regarding Installation and Maintenance
Of Landscaping and Utilities by and between
Canyon Gateway Plaza, LLC and the City of Chula Vista
6-5
AGREEMENT REGARDING
INSTALLATION AND MAINTENANCE
OF
LANDSCAPING AND UTILITIES
This AGREEMENT REGARDING INSTALLATION AND MAINTENANCE OF
LANDSCAPING AND UTILITIES ("Agreement") is executed as of , 2006,
(the "Effective Date") by and between CANYON GATEWAY PLAZA, LLC, a California
lirnited liability company ("Owner"), and the CITY OF CHULA VISTA, a municipal
corporation ("City"), further identified herein as Party or Parties, with reference to the following
facts:
RECITALS
A. Owner is the owner of that certain real property commonly known as Canyon
Plaza Shopping Center ("Owner's Property"), in the City ofChula Vista, County of San Diego,
State of California, more particularly described as Parcels I through 5 shown at Page 11390 of
Parcel Maps filed in the Office of the County Recorder of San Diego County, June 12, 1981.
B. Owner's Property is encumbered by, among other things, the following easements
in favor of the City:
(i) Grant of Easement For Drainage Purposes dated August 31, 1978 and
recorded December 18, 1978 as Instrument No. 78-542547 in the Official Records of San Diego
County, California (the "Storm Drain Easement"). The area affected by the Storm Drain
Easement is referred to herein as the "Storm Drain Easement Area," and the storm drain and
related improvements installed in the Storm Drain Easement Area are referred to herein as the
"Storm Drain Improvements."
(ii) Easement for Street Purposes dated June 10, 1978 and recorded December
18, 1978 as Instrument No. 78-542545 in the Official Records of San Diego County, California
(the "Telegraph Canyon Road Easement"). The Telegraph Canyon Road Easement includes, but
is not limited to, installation of curbs, gutters, medians, roadway and other improvements
constituting Telegraph Canyon Road (the "Telegraph Canyon Roadway Improvements'').
C. Owner's Property has street frontage (the "Street Frontage") along Telegraph
Canyon Road extending from Crest Drive on the East to within approximately 150 feet of
Halecrest Drive on the West. The Storm Drain Easement and the Telegraph Canyon Road
Easement each run the length of the enhre Street Frontage, and the Telegraph Canyon Road
Easement overlaps the Storm Drain Easement by approximately ten (10) feet, as depicted on the
attached Exhibit "B"
D Commencing in approximately January 2004, the City illldertook to make certain
improvements to the Storm Drain Improvements, and to widen Telegraph Canyon Road
(collectively, the "Project;'). As part of the Project, a portion of the Telegraph Canyon Roadway
Improvements were extended to the northerly boundary of the Telegraph Canyon Road
Easement.
Canyon Plaza/City o{Chu]a Vista
Landscaping Agreement
33528-??oo2/ LFHS Doc. No. 3705451.8
8/14/06
6-6
E. Pursuant to the Telegraph Canyon Road Easement, the City has the right to install
and maintain landscaping in the area covered by the Telegraph Canyon Road Easement.
Historically, the City has installed and required the maintenance of landscaping and certain
utilities in a strip of land between the Telegraph Canyon Roadway Improvements and the Storm
Dram Improvements. The Storm Drain Easement itself does not authorize using the Storm Drain
Easement Area for landscaping or utilities. The Project resulted in the removal of the historically
maintained landscaping and utilities affecting approximately the western half of the Street
Frontage. The Parties desire to cause the replacement of all of the landscaping and hardscape
improvements along the entire Street Frontage that were destroyed, damaged or adversely
affected by the Project (the "Old Landscaping"), with new landscaping and hardscape
improvements (the "New Landscaping") along the entire Street Frontage in accordance with the
Approved Plans described in this Agreement. Further, the Parties desire to establish the right of
City to install and the right but not the obligation to maintain the New Landscaping and the right
to install and maintain certain utilities located in the western portion of the Street Frontage
beyond the boundary of the Telegraph Canyon Road Easement, by granting to City a new
easement in the form attached hereto as Exhibit "c" (the "Landscape and Utility Easement") in
accordance with the terms and provisions of this Agreement in the area legally described in
Exhibits "A-I" and "A-2" (the "Landscape and Utility Easement Area"), which Landscape and
Utility Easement Area is graphically depicted on Exhibit "B"
F Pursuant to City Ordinance 1516 (amending City Ordinance 1419), Owner is
required to maintain certain landscaping along the Street Frontage. Such ordinance also requires
that the Parties enter into an agreement with respect to such maintenance. The Parties desire to
enter into this Agreement in part to satisfy the requirements of City Ordinance 1516.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, and for other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties hereby agree as follows:
I Consideration. In consideration of Owner's entering into this Agreement and
granting the Landscape and Utility Easement referenced in Recital E above, and to reimburse
Owner for the Old Landscaping, City shall pay to Owner the sum of Two Hundred Fifty
Thousand, Dollars ($250,000.00.) (the "Consideration"). The Consideration represents a fixed
sum payment as full and complete compensation to Owner for the destruction of the Old
Landscaping and the granting of the Landscape and Utility Easement. The Consideration shall
be paid to Owner as follows: Fifty Percent (50%) of the Consideration shall be paid to Owner
within thirty (3D) days of the execution of this Agreement by both Parties and final approval of
this Agreement by the City Council of the City; Forty Percent (40%) of the Consideration shall
be paid to Owner when one-half (112) of the New Landscaping has been installed by Owner; and
the remaining Ten Percent (IO%) of the Consideration shall be payable upon the final inspection
and approval by City ofthe New Landscaping. Owner shall not be required to execute or deliver
the Landscape and Utility Easement until full payment of the Consideration. Upon full payment
of the Consideration, Owner shall, within five (5) working days, execute the Landscape and
Utility Easement and deliver the same to City for recordation. Owner hereby acknowledges that
said Consideration constitutes the total settlement between the Parties and includes any and all
c.anyon PlazaiCity ofChula Vista
Landscaping Agreement
33528..QOOOZI LFHS Doc. No. 3705451.8
2
8/14106
6-7
claims and/or damages of every nature and kind, including but not limited to, value of the real
property, value of all improvements, interest, and all costs and fees, including all attorney fees,
incurred in connection with this Agreement.
2. Landscaping Plans. The installation of the New Landscaping shall be in
accordance with the plans and specifications prepared by Environs Landscape Architects
designated project 01-030-01 dated 3/21/2006, consisting of 19 sheets, which plans were
approved by the Director of Planning and Building of the City on March 27, 2006 (the
"Approved Plans").
3 General Provisions.
(a) In the event either Party commences any proceeding for the interpretation,
enforcement, termination, cancellation or rescission hereof, or for damages for the breach hereof,
including appeals, the prevailing Party shall be entitled to an award or judgment against the other
for an amount equal to reasonable attorneys' fees and court and other costs incurred.
(b) The term "Owner" as used herein means the owner or owners at the time
in question of the fee title to the Property. In the event of a transfer of Owner's title or interest in
the Property, the prior Owner shall be relieved of all liability accruing after such transfer with
respect to, and the new Owner shall become liable for, the performance of all of the obligations
and covenants of Owner hereunder to be performed after the date of such transfer. The
foregoing is not intended to prevent City from enforcing any obligations with respect to
maintenance or repair of the Landscape and Utility Easement Area against the then-current
owner of Owner's Property Subject to the foregoing, all terms of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, and against, the Parties hereto and
their respective successors and assigns, including all future owners of the Property.
(c) Time is of the essence of this Agreement. Without limiting the generality
of the foregoing, the Parties agree that each of the provisions of this Agreement relating to the
time on or before which a covenant is to be performed or a condition is to be fulfilled are
bargained-for provisions as to which a breach or failure shall be material.
(d) No person shall have any enforceable rights under this Agreement other
than the Parties hereto and their respective successors and assigns, notwithstanding the
provisions hereof by which other persons may exercise certain rights or privileges.
(e) Owner hereby waives and releases City, its Council, officers, employees,
agents, and representatives from and against any and all claims, actions, demands and suits for
damages caused by any of the following: (i) the City's removal of any prior landscaping from
Owner's Property in the course of construction and completion of the Project; (ii) any reduction,
suspension, interference, or temporary blockage of Owner's access to Owner's Property that
occurred during the construction and completion of the Project; and (iii) any dust, noise,
vibration; interference with operations, and claims of tenants for diminution in business during
the construction and completion of the Project (collectively, "the Released Claims"). This
release extends to all such Released Claims which now exist, whether or not such Released
Canyon Plaza/City ofChula Vista
Landscaping Agreement
33528-00002 f LFHS Doc_ No. 3705451.8
3
8114106
6-8
Claims are known to Owner, and Owner hereby expressly waives rights under California Civil
Code Section 1542 which provides as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which ifknown by him must have materially
affected his settlement with the debtor"
(f) Any notices or documents to be mailed or delivered shall be addressed to
or delivered as follows:
Owner:
Canyon Gateway Plaza, LLC
cia Gateway Property Management, LLC
3914 Murphy Canyon Road, Suite A-I07
San Diego, CA 92123
Attention: Mr. Scott B. Robinson
City:
City ofChula Vista
Engineering Division
Richard A. Ryals, Real Property Manager
276 Fourth Avenue
Chula Vista, CA 91910
(g) This Agreement and the Landscape and Utility Easement contain the
entire agreement between the Parties concerning the subject matter of this Agreement, and
neither Party relies upon any warranty, promise, representation, or agreement not contained in
writing herein concerning the subject matter of this Agreement.
(h) The Parties warrant each to the other that the person whose signature
appears on its behalf below has the authority to bind such Party to the terms of this Agreement,
and that by entering into this Agreement, such Party is not thereby in breach of any other
agreement or contract. Owner agrees to provide to City upon request, copies of its Operating
Agreement, Articles of Organization and other documents (including any required resolutions or
authorizations) that evidence the authority of the person signing on behalf of Owner to execute
this Agreement and the Landscape and Utility Easement.
[Remainder of page intentionally left blank)
Canyon PlazalCity of Chub. Vista
l.2ndscaping Agreement
33528-??oo2/ LFHS Doc. No. 3705451.8
4
8114/06
6-9
WITNESS WHEREOF, the Parties hereto have executed this Easement Agreement as
of the date flTSt above written.
CANYON GATEWAY PLAZA, LLC,
a California limited liability company
By: GATEWAY ASSET MANAGEMENT, LLC,
California limited liability company,
Sole Manager
By-
Scott B. Robinson, Sole Manager
CITY OF CHULA VISTA, a municipal corporation
By.
Stephen C. Padilla, Mayor
ATTEST
Susan Bigelow, MMC, City Clerk
APPROVED AS TO FORM.
Ann Moore, City Attorney
J;\Atlom~y\MichaclSh\Agrecments\GAM Gateway Canyon P[a:zll LS Main[C~81406-Final.doc
Canyon Plaza/City of Chula Vista
Landscaping Agreement
33528..Q(XX}21 LFHS Doc. No. 3705451.8
5
8fl4/{)6
6-10
Canyon Plaza/CityofCl\ula Vista
Landscaping Agreement
33528..000021 LFHS Doc. No. 3705451.8
EXHmIT "A-I"
EXHIBIT A-I
6-11
._._..---_.~
8114/06
]-14038
EXHIBIT "A"
General Landscape and Utility Easement
Telegraph Canyon Road
Parcel "A"
All of that portion of Parcell of Parcel Map No. 11390 in the City of Chula Vista, County of
San Diego, State of California, recorded AprillO, 1981 in the Office of the Recorder of San
Diego County, being more particularly described as follows:
Beginning at a point of intersection of the Southerly boundary of said Parcell and the
Easterly boundary of that certain land described in deed recorded September 12, 2000 as
Document No. 2000-0489436 in the Office of the Recorder of San Diego County; thence
Northerly along the Westerly boundary of said Parcell North 16028'17" East 12.94 feet to
the TRUE POINT OF BEGINNING; thence continuing along said Westerly boundary North
16028'17" East 8.00 feet; thence leaving said Westerly boundary, parallel with said
Southerly boundary of said Parcell South 73031'43" East 225.50 feet to the beginning of
a tangent 3929.00 foot radius curve concave Northeasterly; thence continuing parallel
with said Southerly boundary Southeasterly along the arc of said curve through a central
angle of 04009'50" a distance of 285.54 feet; thence radially South 12018'27" West 8.00
feet to the beginning of a concentric 3937.00 foot radius curve concave Northeasterly;
thence Northwesterly along the arc of said curve through a central angle of 04009'50" a
distance of 286.12 feet; thence North 73031'43" West 225.50 feet to the TRUE POINT OF
BEGINNING.
Containing 0.094 acres more or less.
~-Zf. -:!:If~ .2-$""-2ot1f
Seffrey J. afford, L.S. 67 3
Jb/14038.001
6-12
Canyon Pla:zalCity of Chula Vista
Landscaping Agreement
D528.o0002 I LFHS Doc. No. 3705451.8
EXHIBIT "A-2"
EXHIBIT A-2
&/14106
6-13
J-14038
EXHIBIT ~ A"
General Landscape and Utility Easement
Telegraph Canyon Road
Parcel ~B"
All of that portion of Parcell of Parcel Map No. 11390 in the City of Chula Vista, County of
San Diego, State of California, recorded April 10, 1981 in the Office of the Recorder of San
Diego County, being more particularly described as follows:
Beginning at a point of intersection of the Southerly boundary of said Parcell and the
Easterly boundary of that certain land described in deed recorded September 12, 2000 as
Document No. 2000-0489436 in the Office of the Recorder of San Diego County; thence
along said Southerly boundary of said Parcell South 73031'43" East 225.50 feet to the
beginning of a tangent 3950.00 foot radius curve concave Northeasterly; thence
continuing along said Southerly boundary Southeasterly along the arc of said curve
through a central angle of 04009'50" a distance of 287.06 feet; thence leaving said
Southerly boundary radially North 12018'27" East 13.00 feet to the TRUE POINT OF
BEGINNING; thence continuing radially North 12018'27" East 8.00 feet to the beginning of
a concentric 3929.00 foot radius curve concave Northerly; thence Southeasterly along the
arc of said curve through a central angle of 04001'36" a distance of 276.12 feet; thence
radially South 08016'51" West 8.00 feet to the beginning of a concentric 3937.00 foot
radius curve concave Northerly; thence Northwesterly along the arc of said curve through
a central angle of 04001'36" a distance of 276.69 feet to the TRUE POINT OF BEGINNING.
Containing 0.051 acres more or less.
~... tJ. ~~ .:; -5"- 20(/ P
effr y J. Ztford, L.S. 03
Jbjl4038.001
6,...14
Canyon Plaza/City of Chula Vista
Landscaping Agreement
33528-000021 LFHS Doc. No. 3705451.8
EXHIBIT "B"
EXHIBIT B
8114106
6-15
---- .----...---...-.---
EXHIBIT MBM
LEGEND
~
INOCATES PNlCa "X- GDlE:fW.
UNDSCJPE AND Urlurr E)sEJJEHT
COIfT AlNING O/J!H /alEs.
1N00000ES PG/Nr OF BEGINNING
INOICVES TNE POINT OF BEGINNING
INOCATES RJlJ/AL lJEN<JNG
INDlCITES ASSESSllR'S PNlCEL NUMBER
PJJ.&
T l' JJ.&
IRJ
N'N
REFERENCE DRAWINGS
PNlCEL M#' NO. I13so, M#' NO. 9066, fls.108S
BASIS OF BEARINGS
THE 8J.S/S OF BEJRINGS FOR THIS OHMING IS THE UNE
BETWEEN !:.'OPS-5lJI3 )ND t:.'{;PS-5D2D,
ILl N2S'1:!22W
PI
I
I
-/"Is"e
J --~S:!fJ
, I -
~I
')>1
a ~
iii rJl
t!/J !II
., ?I
~ :i?1
!> ~ I
q ~I
I
LDT 4
MAp ND. 9066
,..>'~!-""""",,,
, . 8 '
< . i i
t" : ~r&
VICINITY MAP
NO SC'lE
1'JJ.& PN/CE "
~ ~
~lufrlg
::t:~~""
~t;;",:<!
'" "',
_ ",:g!i!
l'J1:,,~
~e~~
~~~~
~~~~
~!:!H
l.ULuU,",
PARCEL J
PARCEL MAP J J390
APN,6JS.08tH;2
HlZ1S'zrE(RJ 8.DO'
fJ' WIDE STREET EASEMENT
P~R DEED REC. f(r12.-T978.
AS FILE NO.78-400954.0R.
.
100 50
GRAPHIC SCALE f'= 100'
100
,-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CeNTERUN€ 35' wIDE DRAJNK;E
EASEMENT PER DEED REC.I2-1S.1978,
AS FIlE: NO.7S-S42545.0JI.
:
:
-~
g-CCMB<.NY
;,~t~#.~~~"
O...T[ .". ~o
GENERAL LANDSCAPE AND UTIUTY EASEMENT
OVER A PORTION OF PARCEL 1 OF PARCEL
MAP NO. 11390
;;
DESCRIPTION
IT 4PP1lOVEO Q.&.lE FILW€D
CITY OF CHULA VISTA. CALIFORNIA
SWEETt OF1 SHEET
aUQ1HIl1"
FOR cln ENGLNEER
DaTE
ST.l.TlIS
"'\.4,.lolllH\i..'.'.."""'I__
"...._-',...__-1.....',-.......'_-
....._.__'1
G 1 C
. __ z
o
..0.
NO.
I./4II8EJlT COOROlNArE:S
-8
EXHIBIT ~B~
LEGEND
-
INDlUTES PNTCEJ. -e"~ GElfEP.AL.
LANDSCN'E NlD lITlUTY EASEJlEKT
CDNT NNtNG 005l./ICRES.
INDICATES POIHr OF BeGINNING
INDICATES TRl/E POJ/ff OF BEGINNING
II1DIC<TES FWJiN.. BE)RING
INDIr:/iTES ASSESSCR'S PNif:EL NlJI/BEI/
PIJ.B.
T.PIJ.B.
IRJ
N'N
REFERENCE DRAWINGS
PNfCEL M)P NO. 11~1 M-'P NO. S066. R.S. 1086
BASIS OF BEARINGS
THE: BASIS OF BENlIHGS FOR THIS CNlKING IS THE: UHE
BETWEEN CYGPs-5OtJ HID ClGPS-502tJ.
I.E.. N2!I'I2'22Vt
LOT 4
MAP NO. 9066
IJ'W/DE srREET EASEI/ENT-==
PER DeED REC.1O-12-197'8,
AS FlU NO.78-<<XJ954.DR.
l....~~
, . 8 <.""..",
< xi i
~ rEL<<MAhfCANra'fllA.
,((
NlZ18'27"E.(RJ
81>>
t
VlCINfTY MAP
NO SCAlE
.
rg
C)
...,
:/
. ~ z
KlO ..
.
N8'16'5r'ElR)
81>>
GRAPHIC SCALE 1"= 100'
=
II-~
GENERAL LANDSCAPE AND UTJUTY EASEMENT
OVER A PORTION OF PARCEL 1 OF PARCEL
MAP NO. 11390
0;
;;
O~OlI~llJfrl
ClRllldMAl.
aT' ~ROYED D.foTIi: ,. B,JED
CITY OF CHULA VISTA, CALIFORNIA
SH&:Ef 1 CF 1 SHEET
'.0.
NO.
FOR CITY ENlOI~
...."
l.MIIIEltT CClaf\OlllAt';,S
-8
STATUS
.......'~J.,~......._....-l....
""'--''''-'''''''''''--'--
"_-_I_'Z
6 17
,. .;
<; 0
~~~~
;;t:"'C rd
"'1;;0..,
~'"ltj~
",,,0
~I-ct:~
,-ek:~
'"
~~,<V1
:t:;$.~
~\ll~~
t;;~~...
~~'"C,.
1.(Jl.t.it.>,.,
KlO
r-
I
I
I
I
I
I
I
I
I
[
I
I
[
I
I
I
I
I
I
I
I
I
I
I
I
EXHIBIT "c"
Form of Landscaping and Utility Easement
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits City, only
No fee re uired.
APN(s) 639-080-62, 639-080-64
SPACE ABOVE FOR RECORDER'S USE ONLY
C.V File No. CY-I02
GRANT OF EASEMENT
FOR
LANDSCAPlN"G AND GENERAL UTILITIES PURPOSES
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CANYON GA TEW A Y PLAZA, LLC, a California limited liability company ("Owner"), hereby
grants to the CITY OF CHULA VISTA, a municipal corporation ("City"), in the County of
San Diego, State of California, a non-exclusive easement (the "Easement") for general
landscaping and general utilities purposes in, upon, over and across that certain real property
situated in the City ofChula Vista and more particularly described on Exhibits "A-I" and "A-2"
attached hereto and made a part hereof (the "Easement Area"). The Easement Area is depicted
on Exhibit "B" attached hereto and made a part hereof for reference purposes only.
Owner hereby further grants to the City the right of access, beyond the limits of the Easement
Area where required for the construction, installation and maintenance of the landscaping and
utilities permitted hereby
All utilities installed in the Easement Area shall be primarily underground to the extent practical.
Any utilities installed in the Easement Area shall generally serve the lighting, watering, traffic
control and other needs of the Easement Area and of the various road, sidewalk, traffic signal
and other public facilities, installations and equipment in the vicinity of the Easement Area,
including without limitation the landscape medians and frontages of Telegraph Canyon Road,
and the traffic control devices serving Telegraph Canyon Road at the intersections of Crest
Drive, the driveway(s) serving Owner's property, and Hillcrest Drive.
Should any of City's activities in constructing, installing, maintaining, replacing or renovating
any of the utilities contained in the Easement Area disturb the surface of the Easement Area or
Canyon Plaza/City ofChula Vista
Landscaping Agreement
33528-00002/ LfHS Doc. No. 3705451.8
EXHlB1T C
1
8/14106
6-18
any of the landscaping or other improvements therein, City shall at its cost restore the same to its
condition prior to such activities.
Owner shall take reasonable precautions not to interfere with any utilities eXlstmg in the
Easement Area, and shall repair and replace any damage thereto caused by Owner's gross
negligence or willful misconduct.
Each party warrants that the person subscribing hereunder has the power and authority to bind
said party, his heirs, assigns, personal representatives, or their successors in interest. The
singular shall include the plural and the masculine the feminine and vice-versa as used herein.
Signed this _ day of
,2006
CANYON GATEWAY PLAZA, LLC,
a California limited liability company
By: GATEWAY ASSET MANAGEMENT, LLC,
a California limited liability company,
Sole Manager
By:
Scott B. Robinson, Sole Manager
Canyon PIaza/CityofCbula Vista
Landscaping Agreement
33528-00002/ LFHS Doc. No. 3705451.8
EXHIBIT C
2
8114106
6-19
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 , and the grantee(s) consent(s) to the recordation thereof by its
duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By'
Date:
Canyon Pla.za1CityofChula Vista
Landscaping Agreement
33528-00002' LFHS Doc. No. 3705451.8
EXHIBIT C
3
8/14/06
6-20
STATE OF CALIFORNIA )
) 55.
COUNTY OF SAN DIEGO )
On , before me, , a notary public for said
state, personally appeared ,
personally known to me (or 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
helshe/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
[Seal]
[Signature]
6-21