HomeMy WebLinkAbout2006/08/01 Item 6
COUNCIL AGENDA STATEMENT
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Item ,;""
Meeting Date 08/01106
ITEM TITLE:
Resolution Approving a parcel map that is proposing to
vacate a portion of road survey 172, also being called Proctor
Valley Road, lying within P"rcel 2 of Parcel Map 16033, granted
to the County of San Diego by document filed in Book 304, Page 9
deeds on October 24, 1900 of official records of San Diego
County, and approving the associated Parcel Map Agreement for
the project.
Resolution Approving the Grant of Easements
and Maintenance Agreement for Chula Vista Tract No. 99-04, The
Shops at San Miguel Ranch, between McMillin San Miguel Ranch
LLC, and the City regarditlg maintenance of private facilities
within the public right-of-way.
SUBMITTED BY: Acting Director of Engineering~
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REVIEWED BY: Interim City Manager ifl
(4/Sths Vote: Yes_NolO
On February 29, 2000, the San Miguel Ranch Tentative Map was approved showing a
commercial center at the South East comer of Proctor Valley and Mount Miguel Road. A
request has been received from McMillin San Miguel Ranch LLC to approve a Parcel
Map and vacate a public road easement, also being a portion of Proctor Valley Road
belonging to the City of Chula Vista lying within Parcel 2 of Parcel Map No. 16033
owned by McMillin San Miguel Ranch LLC. The segment of Proctor Valley Road
followed an old alignment and has been superceded by a six-lane major road.
RECOMMENDATION: That Council adopt the following:
1. Resolution approving the Parcel Map, and the Parcel Map Improvement
Agreement.
2. Resolution approving the Grant of Easements and Maintenance Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
McMillin San Miguel Ranch LLC has proposed a commercial center featuring
Albertson's and many restaurants and services. The site is encumbered by a road
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Page 2, Item (;;;"
Meeting Date 08/01/06
easement that is no longer needed. The Public Street Easement within a portion of Parcel
:2 of Parcel Map 16033 was originally conveyed to the County of San Diego per
document in Book 304, Page 9. The City of Chula Vista became the beneficIary of the
easement when the property was annexed. Proctor Valley Road has been built on a
revised alignment and the necessary right-of-way in that area has been obtained.
Because of the surveying practices in the 1900's, the legal description for this document
is unplotable but the title report shows it in this lot. Subsequent maps to the southeast
and the northwest of said parcel have been abandoned leaving only this portion. Staff
believes that this easement is yet an older alignment of what now is Proctor Valley Road.
There are no drainage stmctures or utilities within the old easement and adequate streets
have been built to allow access to all parcels in the vicinity. The road easement serves no
purpose to the City.
FISCAL IMPACT: The costs related to the processing of this request for vacation are
being paid for by a deposit of monies provided by the applicant lmder the City's Full Cost
Recovery System.
CONFLICT OF INTEREST: Staff has reviewed the property holdings of the City
Council and has found no such holdings within 500' of the property which is the subject
of this action.
Attachments: Attachment 1: Plat showing the vacation.
Attachment 2: Developer's Disclosure Statement.
Exhibits:
Exhibit "A": The Parcel Map Agreement
Exhibit "B": The Grants of Easements and Maintenance Agreement
);\EngineerIAGENDA\CAS2006\08-0 I-06IA 1 13 for the shops@ SMR.doc
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ATTACHMENT ....i..
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Lor i-I MAp No, 1426i
PORTION OF PROCTOR
VALLEY ROAD TO BE
VACA TED.
PARCEL 2 PM i6D33
. HUNSAKER
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City of ChuIa Vista Disclosure Statement
ATTACHMENT :2.
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following infonnation must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
McMillin San Miquel Ranch. LLC
Bank of the West
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
NIl'<
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director ofthe non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Dick Lang - Lang Engineering Co.
Ann Cleator
Duncan Budinger
Scott SAndel - Newell & Associates
Brad Phipps - Benson & Bohl
NICK L~ - )1('UIUIN
5. Has anyperson* associated with this contract had any financial dealings with an official** ofthe City of
Chula Vista as it relates to this contract within the past 12 months. Y es_ N~
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City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No xx Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No ~
If Yes, which official" and what was the nature of item provided?
Date:
03/28/06
aa4
Signature of Contractor/Applicant
Ann Cleator
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
J:\Attomey\forms\disc!Qsure statement 3-6-03
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PARCEL MAP THAT IS
PROPOSING TO VACATE A PORTION OF ROAD
SURVEY 172, ALSO BEING CALLED PROCTOR VALLEY
ROAD, LYING WITHIN PARCEL 2 OF PARCEL MAP
16033, GRANTED TO THE COUNTY OF SAN DIEGO BY
DOCUMENT FILED IN BOOK 304, PAGE 9 OF DEEDS ON
OCTOBER 24, 1900, OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, AND APPROVING THE ASSOCIATED
PARCEL MAP AGREEMENT FOR THE PROJECT.
WHEREAS, a request has been received from McMillin San Miguel Ranch L.L.C. to
approve a Parcel Map and vacate a public road easement, also being a portion of Proctor Valley
Road belonging to the City ofChula Vista lying within Parcel 2 of Parcel Map No. 16033 owned
by McMillin San Miguel Ranch L.L.C.; and
WHEREAS, since the time the easement was conveyed, the City of Chula Vista annexed
the area underlying this easement; and
WHEREAS, the Public Street Easement within a portion of Parcel 2 of Parcel Map
16033 was originally conveyed to the County of San Diego per document in Book 304, Page 9 of
deeds; was and old alignment; and
WHEREAS, since 1991, Proctor Valley Road has been built on a revised alignment and
the necessary right-of-way in that area has been obtained; and
WHEREAS, there are no drainage structures or utilities within the old easement and
adequate streets have been built to allow access to all parcels in the vicinity and the road
easement serves no purpose to the City; and
WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation of
the subject portion of the aforementioned Public Street Easement; and
WHEREAS, it is necessary and desirable that the vacation be conditioned upon
completion and recordation of a Parcel Map; and
WHEREAS, in accordance with the provisions set forth in Section 66445(j) of the
California Government Code, said street easement will be vacated by the filing of said Parcel
Map with the County Recorder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby vacate the Public Street Easement over a portion of Parcel 2 of Parcel Map
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Resolution No.
Page 2
16033 as originally conveyed to the County of San Diego conditioned on the recordation of said
Parcel Map.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to
endorse upon the Parcel Map, as and for the act of the Council, that the Council has approved the
Parcel Map, and that the street is vacated as stated in this resolution.
BE IT FURTHER RESOLVED that the Resolution shall not become effective unless
and until the filing of the Parcel Map. In the event the above map is not filed within one year
following the adoption of this Resolution, this Resolution shall become void and be of no further
force or effect.
BE IT FURTHER RESOLVED, the City Engineer shall advise the City Clerk of the
completion of the aforementioned conditions, and the City Clerk shall then cause a certified copy
of this Resolution attested by her under seal, to be recorded in the Office of the County Recorder.
Presented by
Approved as to fo= by
Leah Browder
Acting Director of Engineering
H:\ENGINEER\R.ESOS\Resos2006\08-0t'-06\Parcel map reso for the Shops @ SMR.doc
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENT
AND MAINTENANCE AGREEMENT FOR CHULA VISTA
TRACT NO. 99-04, THE SHOPS AT SAN MIGUEL RANCH,
BETWEEN MCMILLIN SAN MIGUEL RANCH LLC, AND
THE CITY REGARDING MAINTENANCE OF PRIVATE
FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY.
WHEREAS, the Grant of Easement and Maintenance Agreement ("Agreement") for
the Shops at San Miguel Ranch, sets forth the developer's obligation to maintain Water Quality
Facilities in the public right-of-way; and
WHEREAS, pursuant to the terms of the Agreement, the obligation to maintain the
Water Quality Facilities located within the public right-of-way shall run with the land and shall be
binding upon and inure to the benefit of the developer and any successive fee owner of the property
or any portion thereof; and
WHEREAS, pursuant to the terms of the Agreement, the obligation to maintain the
Water Quality Facilities located within the public right-of-way may be assigned to another entity but
does not relieve the underlying fee property title holder ITom ultimately having the obligation to
maintain the Water Quality Facilities located within the public right-of-way; and
WHEREAS, the developer has agreed to all terms and conditions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula
Vista does hereby approve the Grant of Easement and Maintenance Agreement for the grant of
easements and maintenance of Water Quality Facilities located within the public right-of-way for
Chula Vista Tract No. 99-04, The Shops at San Miguel Ranch, a copy of which shall be kept on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
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THE ATTACHED AGREE.MENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: July 26, 2006
Parcel Map Agreement for Tentative Parcel Map No. 99-04
The Shops at McMillin San Miguel Ranch LLC
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RECORDING REQUESTED BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
C.V. File No. 0600-50-EP-321
PARCEL MAP AGREEMENT
TENTATIVE PARCEL MAP NO. 99-04
This Parcel Map Agreement ("Agreement") is made this day of
2006, by and between THE CITY OF CHULA VISTA, California ("City") and McMiUin
San Miguel Ranch LLC, ("Developer"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula
Vista, California, more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference ("Property"). The Property is part of a project
commonly known as The Shops at San Miguel Ranch. For purposes of this Agreement
the term "Proj ect" shall mean "Property".
B. Developer is the Owner of the Property.
C. Developer has applied for and the City has approved a Tentative Parcel
Map Waiver No. 05-09 ("Tentative Parcel Map Waiver") for the subdivision of the
Property.
D. The City has approved the Tentative Parcel Map Waiver subject to certain
Conditions of Approval ("Conditions") as more particularly described in the letter dated
April 24, 2006 ("Letter"). The description of the Conditions in this Recital section of this
Agreement is intended only to summarize and paraphrase such conditions in the Letter,
and is not intended herein to modify or explain them, and is not intended as a basis for
interpreting them.
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E. Condition No.4 of the Letter requires the Developer/Owner to agree to the
following conditions of approval:
a. Defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action, or proceeding against the City, or its
agents, officers, or employees to attack, set aside, void or annul any
approval by the City of Chula Vista, including approval by its Planning
Commission, City Council, or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Government Code
Section 66499.37 provided the City promptly notifies the Subdivider of
any claim, action, or proceeding and on the further condition that the City
fully cooperates in the defense.
b. Agree to reserve to the City of Chula Vista the right to place additional
conditions for development during the Parcel Map and the Design Review
processes for the subj ect property.
c. Defend, indemnify and hold harmless the City and its agents, officers and
employees, from any liability for erosion, siltation, or increased flow of
drainage from this project.
d. Agree to comply with all applicable sections of the Chula Vista Municipal
Code and prepare the Final Parcel Map and all plans in accordance witl1
the provisions of the Subdivision Map Act, Subdivision Ordinance, and
the Subdivision Manual of the City ofChula Vista.
e. Agree to include provisions in the Common Area Maintenance Agreement
(CAMA) assuring maintenance of all streets, driveways, sewer and
drainage systems, which are private. The City of Chula Vista shall be
named as a third party beneficiary to said CAMA. The CAMA shall
provide that the City shall have the authority but not the obligation to
enforce the terms and conditions of the CAMA in the same manner as any
owner within the Subdivision. All the individual owners of the project
shall own all private driveways jointly and inseparably.
F. City is willing, on the premise, security; terms and conditions herein
contained to approve the Final Parcel Map for which Developer has applied as being in
substantial conformance with the Tentative Parcel Map Waiver described in this
Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions
herein contained, the parties agree as set forth below.
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1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be
binding upon and inure to the benefit of the successors, assigns and interests of
the parties as to any or all of the Property until released by the mutual consent of
the parties.
1.2 Agreement Runs with the Land. The burden of the covenants
contained in this Agreement ("Burden") is for the benefit of the land owned by the
City adjacent to the Property. The Burden touches and concerns the Property. It
is the intent of the parties, and the parties agree, that this covenant shall be
binding upon, and run with, the ownership of the land which it burdens.
2. Tentative Parcel Map Waiver No. 05-09 Conditions of Approval No.4.
In satisfaction of Condition No.4 (a) of the Letter, the Developer/Owner agrees
that, on the condition that City shall promptly notifY the Developer. of any claim,
action or proceeding and on the further condition that the City fully cooperates in
the defense, the Developer shall defend, indemnify, and hold harmless the City,
and its agents, officers and employees, from any claim, action or proceeding
against the City, or its agents, officers or employees, to attack, set aside, void or
annul any approval by the City relating to the project, including approvals by its
Planning Commission, City Council, or any approval by its agents, officers, or
employees with regard to this Proj ect.
In satisfaction of condition No.4 (b) of the Letter, the Developer/ Owner agrees
to reserve to the City, the right to place additional conditions for the development
during the Parcel Map and Design Review processes for the subject property.
In satisfaction of Condition No.4 (c) of the Letter, the Developer/Owner agrees to
hold the City harmless from any liability for erosion, siltation, or increased flow
of drainage from this Project.
In satisfaction of Condition No.4 (d) of the Letter, the Developer/Owner agrees to
comply with all applicable sections of the Chula Vista Municipal Code and
prepare the Final Parcel Map and all plans in accordance with the provisions of
the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of
tlle City of Chula Vista.
In satisfaction of Condition No.4 (e) of the Letter, the Developer/Owner agrees to
include provisions in the Common Area Maintenance Agreement (CAMA)
assuring maintenance of all streets, driveways, sewer and drainage systems, which
are private. The City of Chula Vista shall be named as a third party beneficiary
to said CAMA. The CAMA shall provide that the City shall have the authority
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same manner as any owner within the Subdivision. The CAMA shall further
provide that no provision contained in the CAMA, which pertains to the City,
shall be amended without the written authorization of the City. All the
individual owners of the project shall own all private driveways jointly and
inseparably.
3. Tentative Parcel Map Waiver No. 05-09 Conditions of Approval No., 6.
In partial satisfaction of Condition No.6, the Developer agrees to secure and
construct all improvements as shown on Chula Vista Drawings No. 05091-01 thru
05091-11, work order No. SM025I, and has secured all improvements as shown
on Exhibit "B" for Proctor Valley Road and Mount Miguel Road per DRC 05-51,
including but not limited to traffic signal, signal interconnect, median removal,
median replacement, striping, and NPDES compliance facilities. Improvements
shall be completed within two (2) years from date of City Council approval of this
agreement.
4. Tentative Parcel Map Waiver No. 05-09 Conditions of Approval No.7.
In partial satisfaction of Condition No.7, the Developer agrees to maintain in
perpetuity the NPDES filter inserts in two inlets located at the Southeast comer of
Proctor Valley Road and Mount Miguel Road, and open space slopes adj'acent to
the project. Developer shall provide documentation to the satisfaction of the City
Engineer that slopes are being maintained in perpetuity by a third party.
5. Satisfaction of Conditions.
City agrees that the execution of this Agreement constitutes satisfaction of
Developer's/Owner's obligation of Condition No.4 of the Letter.
6. Recording.
This Agreement, or an abstract hereof prepared by either or both parties, may be
recorded by either party.
7. Miscellaneous.
7.1 Notices. Unless otllerwise 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
deli vered to either party shall be in writing and shall be deemed duly served,
deli vered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement.
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A party may change such address for the purpose of this paIagraph by giving
written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn.: Director of Engineering
Developer
McMillin San Miguel Ranch, LLC.
2750 Womble Road,
San Diego, CA 92106
Attn: Ann Cleator
(619) 477-4117
Developer's Mailing address
P.O. Box 85104 San Diego,
CA 92186-5104
A party may change such address for the purpose of this paIagraph by giving
written notice of such change to the other party in the manner provided in tills
paIagraph.
7.2 Captions. Captions in this Agreement aIe inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or
any of its terms.
7.3 Entire Agreement. This Agreement contains the entire agreement
between the parties regaIding the subj ect matter hereof. Any prior 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.
7.4 Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a party or his attorney prepaIed and/or drafted
this Agreement. It shall be conclusively presumed that both parties participated
equally in the prepaIation and/or drafting this Agreement.
7.5 Recitals. Any recitals set forth above aIe incorporated by reference into
this Agreement.
7.6 Tllls Agreement may be executed in counterpartS.
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(Remainder of page intentionally left blank. )
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
City of Chula Vista
By:
Matt Little, Acting City Engineer
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
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MCMILLIN SAN :MIGUEL RANCH, LLC,
a Delaware limited liability company
By: MCMILLIN MANAGEMENT SERVICES, L.P.,
a California limited partnerships, its manager
By: CORKY MCMILLIN CONSTRUCTION
SERVICES, INC., a California corporation,
its general partner
By: aa~
Name: /f-ifA/ t!.l.e4T~
Title: /1'1'
By: ~ - "Z /2.. -'-ii!''-
Name: 0UM - .6. t2.ld,~--^
Title: VP
,
Notary to attach acknowledgment for each signature.)
(Corporate/Company Authority required for each Signatory.)
J:\EngineerILANDDEV\Projccts\San Migue! Ranch\The Shops@ SMR \The Shops PM Imrovement Agreementdoc
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STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On this 15th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said
State, personally appeared ANN CLEA TOR, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and aclmowledged to me that she executed the same in her authorized
capacity(ies), and that by her signature(s) on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
,.......-.--....------....-..
0... JOYCE ROOKS ~
COMM. # 1487651 ..
eJ - . NOTARYPUBUC{:AUFORNIAG)
~ SAN DIEGO COUNTY 0
I COMM. EXP. MAY 14, 2008 t
.._~---~---~---
Notary Acknowledgement
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STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On this 15th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said
State, personally appeared DUNCAN A. BUDINGER, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
~ - - - - - - - - - ,- - ~ - r
~. JOYCE ROOKS s:
o COMM. # 1497651
~ . NOTARY PUBUc-cAUFORNIA(i)
~ . SAN DIEGO COUNlY 0
I COMM. EXP. MAY 14, 2008t
,....----~----~-....
Notary Acknowledgement
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EXHIBIT "A"
Property Description
BEING PORTIONS OF LOT 11 AND LOT 12 OF CHULA VISTA, TRACT NO.
99-04 SAN MIGUEL RANCH PHASES 1, 2 & 4 "A" MAP NO.1, ACCORDING
TO MAP THEREOF NO. 14261, FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY, RECORDED ON AUGUST 21, 2001, TOGETHER WITH PARCEL 2
OF PARCEL MAP NO. 16033, FILED IN THE OFFICE OF SAID COUNTY
RECORDER, ON MARCH 22, 1990, ALL IN THE CITY OF CHULA VISTA,
COUNTY OF SA1~ DIEGO, STATE OF CALIFORNIA.
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EXHIBIT "B"
SECURITY
Chula Vista Tract No. 99-04
Parcel Map Improvement Agreement
The Shops at San Miguel Ranch
Faithful Performane
$173,065.00
2174508
Material & Labor
$173,065.00
2174508
Surveying
monumentation
$6,900
2174525
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~'\. City Atto
Dated: July 26, 2006
Grant of Easement and Maintenance Agreement
for Tentative Parcel Map No. 99-04
The Shops at San Miguel Ranch LLC
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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 ttD: Is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid
or received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENT AND MAINTENANCE AGREEMENT
TENTATIVE PARCEL MAP NO. 99-04
THE SHOPS AT SAN MIGUEL RANCH
This Grant of Easement and Maintenance Agreement ("Agreement") is made as of this
9th day of May , 2006, by and between the CITY OF CHULA VISTA, a
municipal corporation ("City"), and MCMILLIN SAN MIGUEL RANCH, LLC, a Delaware
limited liability company ("McMillin SMR").
RECITALS
A. City is the owner of the "Maintenance Areas" described and shown on
Exhibit B attached hereto (the "Maintenance Areas").
B. McMillin SMR is the owner of the land described in Exhibit A hereto (the
"Property") and is developing thereon a shopping center known as "The Shops at San Miguel
Ranch. "
C. McMillin SMR has applied for Tentative Parcel Map Waiver No. 05-09
for the subdivision of the Property and the City has approved the Tentative Parcel Map Waiver
subject to certain conditions, one of which conditions is that McMillin SMR provide for the
perpetual maintenance of certain offsite facilities.
D. McMillin SMR and City are entering into this Agreement in satisfaction of
the above-referenced condition.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as set forth below.
[ 163842vl/2833-D78]
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1. Grant of Easement. The City hereby grants to McMillin SMR and its
agents, successors and assigns, a perpetual non-exclusive easement and right-of-way over and
across the Maintenance Areas for the purpose of maintaining, repairing and replacing the
NPDES filter inserts located thereon.
2. Maintenance Obligations.
(a) McMillin SMR. McMillin SMR hereby covenants and agrees, at
its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or
replaced, in perpetuity, the above-referenced NPDES filter inserts at a level equal to or better
than the level of maintenance which is acceptable to the City's Director of Public Works
Operations, at his/her discretion and equivalent to similar City or Community Facilities District
maintained facilities in accordance with the responsibilities outlined in Exhibit C. For purposes
of this subparagraph, the te= "maintenance" or "maintain" shall mean the maintenance, repair,
and replacement obligations described herein and shall also include repair and replacement at no
cost to the City of any City-owned property that is damaged by the perfo=ance of the
maintenance responsibilities pursuant to this paragraph.
(b) City. City hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be repaired or replaced, in perpetuity, the
inlet and all other sto= drain facilities located within the Maintenance Areas, in good and
operable condition, and to repair or replace at no cost to McMillin SMR any portion of the filters
or Property that is damaged by the perfo=ance of City's maintenance responsibilities.
3. McMillin SMR Insurance. At all times while this Agreement is in effect,
McMillin SMR shall maintain at its sole cost and expense a policy of public liability insurance
which at least meets the following requirements:
General Liabilitv Insurance. Comprehensive general liability and
property damage insurance policy insuring McMillin SMR against liability incident to ownership
or use of the Property and the easement hereby granted. The limits of such insurance shall not be
less than $3 Million covering all claims for death, personal injury and property damage arising
out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of
"A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional provisions provided they are available on a
commercially reasonable basis:
(i) The City of Chula Vista shall be named as an
additionally insured party to such insurance;
(ii) The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation ensue between insureds;
[163842vI/2833-078]
62"24
(iii) The policy shall contain the following severability
clause (or language which is substantially the same): "The coverage shall apply separately to
each insured except with respect to the limits of liability."
McMillin SMR shall provide the City with a certificate of such insurance.
4. Agreement Runs With The Land. This Agreement shall run with the land
and be binding upon and inure to the benefit of McMillin SMR and any successive fee owner of
the Property or any portion thereof. Each such successor owner (jointly and severally, if more
than one) shall perform the obligations of "McMillin SMR" hereunder. The burden of McMillin
SMR's covenants contained in this Agreement is for the benefit of the Property and the
Maintenance Areas, and the City, its successors and assigns, and any successor-in-interest
thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other parties, public or private, in
whose favor and for whose benefit such covenants running with the land have been provided,
without regard to whether the City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City 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 it or any other beneficiaries of this Agreement and
the covenants may be entitled. No fee owner of the Property shall be liable for any breach of this
Agreement which occurred before such owner acquired title or after such owner no longer holds
title to the Property.
5. Mortgagee Protection. No breach of this Agreement by McMillin SMR
(or any successor owner) shall defeat or render invalid any deed of trust made in good faith and
for value, and no person or entity which acquires title to the Property (or any portion thereof) by
foreclosure or deed in lieu thereof shall be liable for any preceding breach of this Agreement, but
this Agreement shall thereafter be binding on such person or entity.
6. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
7. Effective Date. The terms and conditions of this Agreement shall be
effective as of the date this Agreement is recorded in the Official Records of the San Diego
County Recorder's Office.
8. 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
document.
9. Recording. The parties shall cause this Agreement to be recorded in the
Official Records of the San Diego County Recorder's Office within thirty (30) days after this
Agreement has been approved and signed by the City and McMillin SMR.
10.
Miscellaneous Provisions.
[163842v 1/2833-078J
6:t25
(a) 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 t=s.
(b) Entire Agreement. This Agreement, together with any other
written document referred to herein, embody the entire agreement and understanding between
the parties regarding the subject matter hereof. This Agreement is not intended to supersede or
amend any other agreement between the parties unless expressly noted.
(c) Recitals; Exhibits. Any recitals set forth above and any attached
exhibits are incorporated by reference into this Agreement.
(d) Compliance With Laws. In the performance of their respective
obligations under this Agreement, the parties and their respective agents, employees and
contractors, shall comply with any and all applicable federal, state and local rules, regulations,
ordinances, policies, permits and approvals.
(e) 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.
(f) 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 Official Records of the
San Diego County Recorder's Office.
(g) Severability. If any t=, 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 circumstance, shall not be affected thereby and each t=, covenant or
condition shall be valid and be enforced to the fullest extent p=itted by law.
(h) 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 of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
City Engineer
[ 163842vI/2833-D18]
64'26
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
[163842v1l2833-078]
MCMILLIN SAN MIGUEL RANCH, LLC,
a Delaware limited liability company
By: MCMILLIN MANAGEMENT
SERVICES, L.P., a California limited
partnership, its manager
By: CORKY MCMILLIN CONSTRUCTION
SERVICES, INC., a California corporation,
its general partner, ~
By: d~
Name: A-,{.0/ C. L-F4?:3'n-
Title: (i' 'V:.
By: ~~j/ '~Jf~
Name: D" /!.c_,,-;~- r; ,&,,,.p'i 4.C,,"y^.
Title: U. t: . .I
6-~7
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On this 9th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said
State, personally appeared ANN CLEATOR, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacity(ies), and that by her signature(s) on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument.
!)g--------------
o. JOYCE ROOKS ~
b - : NDTk~~t1s~~~6R1MGJ
SAN DIEGO COUNTY (')
COMM. EXP. MAY 14, 200a'"
Notary Acknowledgement
6-28
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On this 9th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said
State, personally appeared DUNCAN A. BUDINGER, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instnunent.
Notary Acknowledgement
6-29
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On (date) before me,
and title "Notary Public"), personally appeared
(name
(name[s] of
signer[sJ), 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 he/she/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.
(Signature of Notary)
(Seal of Notary)
STATE OF CALIFORi'iIA )
) ss.
COUNTY OF )
On (date) before me,
and title "Notary Public"), personally appeared
(name
(name[s] of
signer[ s J), 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 he/she/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.
(Signature of Notary)
(Seal of Notary)
[ 163842v1l2833-078J
6-30
EXHIBIT A
(Legal Description of
The Shops at San Miguel Ranch)
Being portions of Lot 11 and Lot 12 of Chula Vista Tract No. 99-04 San Miguel Ranch Phases I,
2, & 4 Map No. I, according to the map thereof No. 14261, filed in the office of the San Diego
County Recorder on August 21, 2001, Together with Parcel 2 of Parcel Map 16033, filed in the
office of said County Recorder, March 22, 1990, all in the City of Chula Vista, County of San
Diego, State of California. .
[163842v 1/2833-078]
6-31
EXHIBIT B
(Legal Description)
Maintenance Area A shall be that area located within 5 feet of the exterior edges, measured at
right angles, of the 21' storm drain inlet located on the South side of Proctor Valley Road,
adjacent to Lot 11 of Map No. 14261, in the City ofChula Vista, as shown on Exhibit 'B'.
Maintenance Area B shall be that area located within 5 feet of the exterior edges, measured at
right angles, of the 4' storm drain inlet located on the East side ofMt. Miguel Road, adjacent to
Lot 11 of Map No. 14261, in the City ofChula Vista, as shown on Exhibit 'B'.
[163842vl/2833-D78]
6-32
EXHIBIT B
(Plat Showing Maintenance Areas)
[ATTACH]
[163842vl/283H78]
6-33
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t / MAINTENANCE AREA A
I / FLOGARD+PLUS DRAINAGE INSERT
I ( BY KRISTAR (MODEL NO. FGP-21.0CI)
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MAINTENANCE AREA B
FlOGARD+PlUS DRAINAGE INSERT
BY KRISTAR (MODEL NO. FGP-48CI)
IN EXISTING 4' CURB INLET, EAST SIDE ONLY
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LOT 11, ~1AP 14261
APN 595-030-53
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PARCEL 2, P.M. 16033
APN 595-030-14
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, I
i:
THE SHOPS AT SAN MIGUEL RANCH
EXHIBIT "B"
-LANG-
engineering 00.
DATE:. /,jA'1' J, 2006
JOa No.: 041110
ScALE: 1"_ 40'
DRAWN 8'1': R.G.L
AcAO #: TACltm<lnt Exhibit CHKD: R.G.L
CITY OF CHULA VISTA, CA
Consul tIne Enclneers Lend Planners
561 SAXONY pu,CE. stJrrE la1B ENClNITAS, C),UFORNJA 9.2C24
I r>----r--,
D 20 4{)'
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6 4
EXHIBIT C
(Maintenance Responsibilities)
City of Chula Vista
Area Owner Maintenance Maintenance
Two inlets located at the Maintenance ofNPDES Maintenance of sidewalk.
Southeast corner of Proctor Filter inserts
Valley Road and Mount
Miguel Road
[163 842v 1/2833-<]78]
6-35