HomeMy WebLinkAbout2007/08/14 Item 3
CITY COUNCIL
AGENDA STATEMENT
~\f? CITY OF
_& CHULA VISTA
08/14/07 Item~
ITEM TITLE:
A. RESOLUTION ORDERING THE SUMMARY
VACATION OF A PORTION OF L STREET
OBTAINED BY THE CITY THROUGH
RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY
PER DOCUMENT NO. 74-202931, RECORDED JULY
29, 1974
B. RESOLUTION DECLARING A PORTION OF
CITY-OWNED L STREET LYING ADJACENT TO
THE PROPERTY LOCATED AT 910 INDUSTRIAL
BOULE V ARD AS EXEMPT SURPLUS LAND
PURSUANT TO GOVERNMENT CODE SECTION
54221(e)(2)(C)
C. RESOLUTION AUTHORIZING THE SALE OF A
PORTION OF CITY- OWNED L STREET TO THE
OWNER OF THE ADJACENT PROPERTY LOCATED
AT 910 INDUSTRIAL BOULEVARD AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL DOCUMENTS NECESSARY TO
COMPLETE THE SALE.
SUBMITTED BY:
REVIEWED BY:
CITY ENGINEER
CITY MANAGER
,~
4/5THS VOTE: YES D NO 0
BACKGROUND
The owner of property located at 910 Industrial Boulevard has requested to purchase a
portion of City-owned slope lying between his property, Interstate 5 to the west, L Street
to the north and Industrial Boulevard to the East. A map of the site in question is
attached (see Attachment I). This area is a slope and a part of the L Street right-of-way
that was acquired by relinquishment from the California Department of Transportation.
It currently serves as lateral support for L Street as it rises going west to cross the
freeway. In order to sell this land, City Council must first vacate the public access rights
and declare the vacated portion as exempt surplus land.
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08/14/07, Item~
Page 2 of 5
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because at this time the action only involves declaring the property as excess
land; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Although environmental review is not necessary at this
time, once a project has been specifically defined, environmental review will be required
and a CEQA determination completed prior to commencing any development activities
on the subject property.
RECOMMENDATION
That Council adopt the Resolutions vacating the subject portion of L Street, declaring
said portion exempt surplus land, approving its sale, and authorizing the execution of all
necessary documents to complete the transaction.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The portion of L Street that is the subject of this action was originally a part of the
adjacent parcel located at 910 Industrial. It was acquired from the Carlins, who still own
that parcel, by the California Department of Transportation (CAL TRANS) in 1972 for
the construction ofInterstate 5. In 1974, CALTRANS relinquished the subject section of
L Street, including the slope areas, in fee to the City. The area that the Carlins
(Applicant) now wish to purchase is the slope area, which serves as the lateral support for
the street section of L Street. The Applicant's intention is to re-grade the slope and, using
terraced retaining walls, generate approximately 2,400 square feet of flat usable area.
This area would be used for the development of their property. The total area of the slope
they wish to purchase is 7,623 square feet. The only improvement currently on site is a
small drainage pipe and culvert. This area is un-landscaped, heavily weeded and not
currently maintained by the City. Staff has determined that, in its current condition, the
parcel has nominal value because it has no economic use. Additionally, it is currently
generating no property tax revenue because it is City-owned.
The sale of this parcel would be contingent upon the Applicant meeting a number of
conditions. He would be responsible for maintaining the lateral support for L Street and
indemnifying the City for any liability. All grading, retaining wall and drainage work
would be subject to City approval and would have to be properly permitted, inspected,
maintained and landscaped. Finally, if the specified work is not completed or is not
completed in full accordance with the conditions of the sale within five years, the
property would revert to the ownership of the City and the purchase price would be
forfeited.
S/d-
08/14/07, Item --=:
Page 3 of5
Summary Vacation
As stated above, in order to sell this parcel, the City must first vacate the public access
rights. Chapter 4, Section 8334(a) of the California Streets and Highways Code states
that the legislative body of a local agency may summarily vacate excess right-of-way if it
is no longer needed for public street purposes. This is the area that is not needed for
right-of-way purposes and staff is requesting that Council vacate it at this time.
Pursuant to Section 8346 of the Streets and Highways Code, all potentially affected
Utilities have been notified and an Easement for Public Utility Purposes will be reserved
across the vacated area.
Declarinl! Exempt Surplus Land
Once vacated, the parcel needs to be declared exempt surplus land before it can be sold.
In order to declare property as exempt surplus land, a finding must be made that it
qualifies. Only exempt surplus land may be offered to the adjacent owner without benefit
of a public auction.
Per Government Code Section 54221 (e) (2) "exempt surplus land" is land that is either:
A. Less than 5,000 square feet in area; or
B. Less than the minimum legal residential building lot size for the existing or most
probable zoning classification, or 5,000 square feet in area, whichever is less; or
C. Has no record access and is less than 10,000 square feet in area, is not contiguous
to land owned by a state or local agency which is used for park, recreational, open
space, or low and moderate income housing purposes and is not located within an
enterprise zone pursuant to Section 7073 of the Government Code nor a
designated program as defined in Section 7082.
The subject parcel falls under Section C and as such qualifies as exempt surplus land.
Prior to sale, a second consideration is the sales price. The sale of exempt surplus land
can only be made to an adjoining landowner. Prior to commencement of negotiations,
the City must establish a Pre-Sale Estimate (PSE) of the fair market value of the exempt
surplus land. The PSE forms the basis for negotiating the sale of the subject property,
and also serves as an internal control to ensure that the City receives an adequate return.
The PSE must take into account the following factors:
1. The original purchase price paid by the City for the subject parcel.
2. The date the City acquired the property.
3. Restrictions and requirements of any source that provided procuring funds.
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08/14/07, Item '3-
Page 4 0[5
4, Current market conditions that may affect the fair market value of the property,
5, Current, future and potential holding cost incurred by the City that may include,
among other things:
a, Maintenance
b, Nuisance abatement/removal
c, Liability risk/cost
Exempt surplus land need not be appraised prior to being offered for sale unless aPSE
cannot be readily determined,
As detailed above, the property was originally purchased by the State and relinquished to
the City at no cost in 1974 in fee, Currently the property generates no revenue for the
City and is not being maintained. It has no economic use and will require considerable
expense to become viable. Staff has determined that this parcel has a nominal value and
that an appropriate purchase price would be $1,00 per square foot or $7,623,00, The
Applicant has agreed and offered to purchase the property for this price.
The benefit of this sale is that a non-productive piece of property with maintenance issues
can be brought back on to the tax rolls, improved, landscaped and maintained at no City
cost Additionally, the sale could also playa part in the development of the Applicant's
property into a more economically productive site than currently exists. There is a risk
that the Applicant could choose not to improve the property. While we do not believe
that to be the case, we have protected the City's interest with a reversionary clause that
allows us to take the property back in five years if our conditions are not met
A Real Estate Purchase and Sale Agreement has been prepared detailing all the terms and
conditions of this proposed sale, A copy of this agreement is attached to this report as
Attachment 2, Should Council choose to vacate this land, declare it exempt surplus, and
accept the Applicant's offer to purchase, this Agreement and a deed would need to be
executed to complete the sale. A copy of the deed is attached to this report as
Attachment 3,
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property that is the subject of this
action.
FISCAL IMPACT
Funds received from the sale of this land will benefit the City's General Fund in the
amount of$7,623, Staff time costs related to the processing of this sale will be borne by
the Applicant
3-1
A TT ACHMENTS
1. Site Map
2. Real Estate Purchase and Sale Agreement
3. Grant Deed
Prepared b)/: Rick Ryals, Real Property Manager. Engineering Department
J :\Engineer\AGENDA \CAS2007\08-14-07\1 industrial excess.doc
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08/14/07, Item -=
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DATE:
JULY 24. 2007
DRAWN BY:
GREG HOPKINS.PLS
CITY OF
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GREGORY P HOPKINS
P.L.S. 7730
VISTA W.O.#
RP
CCS83:
1804
001
- 5301
RESOLUTION NO.
RESOLUTION ORDERING THE
SUMMARY VACATION OF A PORTION OF L
STREET OBTAINED BY THE CITY THROUGH
RELINQUISHMENT OF HIGHWAY RIGHT-OF-
WAY PER DOCUMENT NO. 74-202931,
RECORDED JULY 29,1974
WHEREAS, in 1972, the California Department of Transportation (CAL TRANS)
acquired a portion of the property located at 910 Industrial Boulevard in the City of Chula Vista
for the construction of Interstate 5; and
WHEREAS, CAL TRANS relinquished this property, now a portion of L Street, as excess
right-of-way in fee to the City at no cost, pursuant to Document No. 74-202931, recorded July
29,1974;and
WHEREAS, this portion of L Street is adjacent to the property located at 910 Industrial
Boulevard; and
WH EREAS, this portion of L Strcct is currently slope and is not needed as right-of-way;
and
WHEREAS, pursuant to Chapter 4, Section 8334(a) of the California Streets and
Highways Code, the legislative body of a local agency may, by resolution, summarily vacate
cxccss right-of-way ifit is no longer needed for public street purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
I. That, after considering the facts, it finds that the subject portion of L Street, as more
particularly described in a legal description designated as Exhibit '"A" and shown on a
plat designated as Exhibit '"B", which are attached to and incorporated into this
Resolution, is excess right-of-way and is not required for street or highway purposes.
2. That it orders the summary vacation of the subject portion of L Street as described in
Exhibits '"A" and '"B".
3. That it directs the City Clerk to cause a certified copy of this Resolution of vacation,
attested by the Clerk under seal, to be recorded without acknowledgement, certificate of
acknowledgement, or further proof in the Office of the San Diego County Recorder.
4. That it declares that, upon recordation of this Resolution, the portion of L Street as
described in Exhibits '"A" and '"B" is no longer a street or highway.
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Presented by
Scott Tulloch
City Engineer
Attachments:
1. Exhibit "A", Legal Description
2. Exhihit "B", Plat
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City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
"L" Street and Industrial Blvd. Excess Land
Being a portion of the West half of the West half of Quarter Section 165 of
Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of
California, according to Map No. 166, filed May 11, 1869 in the office of the
County Recorder of said County, more particularly described as follows:
Beginning at the Southeast corner of Parcel 9 as described on Relinquishment
Map No. 21797, filed for record as State Highway Map No. 140 on June 11,
1974, as file number 74-154774 in the Office of the County recorder of said
County, said point also being on the Westerly right-of-way line of Industrial
Boulevard 80.00 feet wide; thence leaving said Westerly line and along the
southerly line of Parcel 1 B as described in that certain Final Order of
Condemnation under Superior Court Case No. 308614, recorded May 25, 1970,
South 66008'17" West 209.79 feet to the Northwest corner of land as described in
a Director's Deed recorded on April 14, 1972 as File No. 92998 of Official
Records, said point also being the Southwest corner of said Parcel 9; thence
along the Westerly line of said Parcel 9, North 05031'47" West to a point that is
4600 feet distant from and at right angles to the centerline of "L" Street, 80.00
feet wide, as dedicated per document recorded on May 11, 1925 in Book 1073,
Page 468 of Official Records; thence along a line parallel to said "L" Street, North
72011'13" East, a distance of 1 92.93 feet; thence leaving said parallel line, South
62050'30" East 7.07 feet to the westerly line of said Industrial Boulevard; thence
along said Westerly line, South 17'52'15 East 21.89 feet to the Point of
Beginning.
Containing 0.175 Acres more or less
Reserving unto the grantor and their assigns, an easement for general utility and
access purposes over the above described land.
The bearings and distances used in the above description are on the California
Coordinate System, Zone 6. Multiply all distances used in the above description
by 0.9999645 to obtain ground level distances.
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License expires 12/31/07
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CITY OF
LAND
GREGORY P HOPKINS
P.L.S. 7730
W.O.#
DATE:
JULY 24. 2007
DRAWN BY:
GREG HOPKINS.PLS
CHULA
SALE
VISTA
PLAT
RP
CCS83:
1804
001
5301
RESOLUTION NO.
RESOLUTION DECLARING A PORTION OF
CITY-OWNED L STREET LYING ADJACENT TO
THE PROPERTY LOCATED AT 910 INDUSTRIAL
BOULEV ARD AS EXEMPT SURPLUS LAND
PURSUANT TO GOVERNMENT CODE SECTION
54221 (e)(2)(C)
WHEREAS, the City of Chula Vista is the fee owner of a portion L Street, between
Industrial Boulevard and Interstate 5, in the City of Chula Vista, more particularly described in a
legal description designated as Exhibit "A" and depicted on a plat designated as Exhibit "B",
which are attached to and incorporated into this Resolution (the Property); and
WHEREAS, the Property, which is adjacent to the parcel located at 910 Industrial
Boulevard (APN 6 I 7-01 0-28), is currently un-usable slope with minor drainage
improvements; and
WHEREAS, the Property is not needed for the right-of-way for L Street and is no longer
necessary for the City's use; and
WHEREAS, the City has received an offer to purchase the Property from the owner of
the adjacent parcel at 910 Industrial Boulevard; and
WHEREAS, any local agency disposing of surplus land shall, prior to disposing of that
property, send a written offer to sell or lease the property to various public agencies, pursuant to
Government Code section 54222; and
WHEREAS, pursuant to Government Code section 54222.3, section 54222 does not
apply to the disposal of exempt surplus land by a local agency; and
WHEREAS, the Property is exempt surplus land pursuant to Government Code section
54221(e)(2)(C) because it has no record access, is less than 10,000 square feet in area, is not
contiguous to land owned by a state or local agency which is used for park, recreational, open-
space, or low- and moderate-income housing purposes, is not located within an enterprise zone
or a dcsignated program area, and will be sold to an owncr of contiguous land.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
("hula Vista that it declares that portion of L Street described in Exhibits "A" and "B" and
adjacent to the property located at 910 Industrial Boulevard, as exempt surplus land pursuant to
Govcrnment Codc Section 54221 (e)(2)(C).
.1
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Presented by
Scott Tulloch
City Engineer
Attach ments:
I. Exhibit "A". Legal Description
2. Exhibit "B". Plat
Approved as to fonn by
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Ann Moore
City Attomey
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EXHIBIT "A"
LEGAL DESCRIPTION
"L" Street and Industrial Blvd. Excess Land
Being a portion of the West half of the West half of Quarter Section 165 of
Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of
California, according to Map No. 166, filed May 11, 1869 in the office of the
County Recorder of said County, more particularly described as follows:
Beginning at the Southeast corner of Parcel 9 as described on Relinquishment
Map No. 21797, filed for record as State Highway Map No. 140 on June 11,
1974, as file number 74-154774 in the Office of the County recorder of said
County, said point also being on the Westerly right-of-way line of Industrial
Boulevard 80.00 feet wide; thence leaving said Westerly line and along the
southerly line of Parcel 1 B as described in that certain Final Order of
Condemnation under Superior Court Case No. 308614, recorded May 25, 1970,
South 66008'17" West 209.79 feet to the Northwest corner of land as described in
a Director's Deed recorded on April 14, 1972 as File No. 92998 of Official
Records, said point also being the Southwest corner of said Parcel 9; thence
along the Westerly line of said Parcel 9, North 05031'47" West to a point that is
46.00 feet distant from and at right angles to the centerline of "L" Street, 80.00
feet wide, as dedicated per document recorded on May 11, 1925 in Book 1073,
Page 468 of Official Records; thence along a line parallel to said "L" Street, North
72011 '13" East, a distance of 192.93 feet; thence leaving said parallel line, South
62050'30" East 7.07 feet to the westerly line of said Industrial Boulevard; thence
along said Westerly line, South 1 r52'15 East 21.89 feet to the Point of
Beginning.
Containing 0.175 Acres more or less
Reserving unto the grantor and their assigns, an easement for general utility and
access purposes over the above described land.
The bearings and distances used in the above description are on the California
Coordinate System, Zone 6. Multiply all distances used in the above description
by 0.9999645 to obtain ground level distances.
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Gregory P. Hopkins, P.L.S. 7730
License expires 12/31/07
8- 7-07
Date
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CITY OF
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CHULA
SALE
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GREGORY
P.L.S. 7~3~OPKINS
VISTA W.Q.#
PLAT
RP 001
CCS83:
1804
6301
RESOLUTION NO.
RESOLUTION AUTHORIZING THE SALE OF A
PORTION OF CITY- OWNED L STREET TO THE
OWNER OF THE ADJACENT PROPERTY LOCATED AT
910 INDUSTRIAL BOULEY ARD AND AUTHORIZING
THE MA YOR AND CITY CLERK TO EXECUTE ALL
DOCUMENTS NECESSARY TO COMPLETE THE SALE.
WHEREAS, the City of Chula Vista is the fee owner of that certain real property
more particularly described as L Street, between Industrial Boulevard and Interstate 5, in
the City of Chula Vista, County of San Diego, State of Califomia, according to
Relinquishment of Highway Right-of-Way, filed in the Office of the San Diego County
Recorder, July 29, 1974 as File Page No. 74-202931; and
WHEREAS, a portion of the L Street Relinquishment, adjacent to the property
located at 910 Industrial Boulevard (APN 617-010-28) (the Property), is currently
un-usable slope with minor drainage improvements and is not needed for the right-of-way
for L Street; and
WHEREAS, City Council of the City of Chula Vista (City Council) has ordered
the summary vacation of the Properly; and
WHEREAS, the City Council has declared the Property as exempt surplus land,
pursuant to Govemment Code Section 54221(e)(2)(C); and;
WHEREAS, the owner of the adjacent parcel has offered to purchase the Property
from City;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it authorizes the sale of a portion of City-owned L Street to the owner of
the adjacent property located at 910 Industrial Boulevard and authorizes the Mayor and
City Clerk to execute all documents necessary to complete the sale.
Presented by
Approved as to form by
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Ann Moore
City Attomey
Scott Tulloch
City Engineer
Attachments:
I. Exhibit "A", Real Estate Sale and Purchase Agreement
2. Exhibit "B", Grant Deed
11:\I:N(j[NFFK.,RES()S\lh:sos2007\OX-14-0T.,L industrial sale revised by ee.doe
"6 ---IS
THE A TT ACHED AGREEMENT 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
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Ann Moore
City Attorney
Dated: & Ii 0 I 0 1
Real Estate Purchase and Sales Agreement
Between City of Chula Vista
And the Carlin Family Trust Dated May 2, 1983
3~'fc
REAL ESTATE PURCHASE AND SALES AGREEMENT
This real estate sales agreement [Agreement] is made by and between the City of
Chula Vista, a California municipal corporation [Seller], and the Carlin Family Trust dated
May 2,1983 [Purchaser].
RECITALS
In 1972, the California Department of Transportation [CAL TRANS] acquired the Property from
Robert and Esther Carlin [the Carlins] for the construction ofInterstate 5. At that time, the
Property was a portion of the parcel located at 910 Industrial Boulevard.
The Carlins transferred the parcel located at 910 Industrial Boulevard to Purchaser in 1983.
CALTRANS relinquished the Property as excess right-of-way in fee to the City at no cost in
1974.
The Property consists of a slope with a culvert and drainage pipe.
Purchaser wishes to purchase the Property from Seller for development of the parcel located at
910 Industrial Boulevard.
AGREEMENT
I. Property Description: Seller agrees to sell and convey to Purchaser, and
Purchaser agrees to purchase from Seller, pursuant to the terms and conditions contained in this
Agreement, approximately 0.175 acres of property generally consisting of a slope which is
bounded by L Street, Industrial Boulevard, Interstate 5, and property owned by the Purchaser,
more specifically described in Exhibit "A" and shown on a plat designated as Exhibit "B", which
are attached to and incorporated into this Agreement by this reference[the Property].
2. Effective Date: This Agreement shall be effective on the date which is the later
of the two dates on which this Agreement is signed by the Seller and the Purchaser [Effective
Date].
3. Purchase Price: The Purchase Price for the fee simple interest in the Property
shall be seven thousand six hundred twenty three dollars ($7,623). Purchaser shall deposit a
Page I of8
3-/1
Cashier's Check for the amount of $7,623 made payable to the City ofChula Vista with the City
within ten (10) days of the Effective Date of this Agreement.
4. Title: Seller shall convey fee simple title to the Property to Purchaser by Grant
Deed in the form attached to this Agreement as Exhibit C [Deed] subject to a non-exclusive
drainage easement, existing utility easements, zoning and building laws and ordinances, and acts
done or suffered by Purchaser or claims made by, through, or under Purchaser. The Grant Deed
shall contain language stating that Purchaser and his/her successors and assigns shall maintain
the slope, or any remaining portion of the slope, including any remaining City interest, and the
lateral support for L Street to the satisfaction of the City Engineer in perpetuity. The deed shall
be delivered to Purchaser fully executed and ready for recordation [Delivery].
5. Conditions Precedent to Sale of Property: Prior to the conveyance oftitle to the
Property the following must occur:
a. The excess right-of-way across the Property shall be vacated, reserving
an easement for public utility purposes.
b. The City Council of the City ofChula Vista shall declare, by
Resolution, the Property "Exempt Surplus Land".
6. Environmental Review: Purchaser understands and agrees that the grading
permit required for the Improvements, defined in Section 16 of this Agreement, is subject to
environmental review pursuant to the California Environmental Quality Act [CEQA].
7. Title Insurance: If desired, Purchaser may obtain Title insurance for the
Property. Purchaser shall pay the standard premium for said Title Insurance.
8. Representations and Warranties: Purchaser acknowledges that Purchaser is
purchasing the Property on an as-is basis with no representations or warranties of any kind,
expressed or implied, either oral or written, made by Seller or any agent or representative of
Seller with respect to any structural or physical condition of the Property, or with respect to the
existence or absence of toxic or hazardous materials, substances or wastes in, on, under or
affecting the Property. Seller has made and makes no warranty or representation regarding the
fitness of the Property, or any portion of the Property, for any particular purpose, quality or
merchantability. To the best of its actual knowledge, without any duty of inquiry or
investigation, Seller shall disclose to Purchaser in writing any findings of the Property and its
operations. Seller is not liable or bound in any manner by any warranties, either expressed or
implied, guarantees, promises, statements, representations or information pertaining to the
Property made or furnished by any real estate agent, broker, employee, servant or other person
representing or purporting to represent Seller.
9. Indemnity: Purchaser releases and agrees to protect, defend, hold harmless and
indemnifY Seller and its elected officials, officers, employees, contractors and agents from and
against all demands, claims, injury, liability, loss, damage, cost and expense, however same may
be caused, including all costs and reasonable attorney's fees in providing the defense to any
claim arising therefrom, for any loss of, or damage to property (real and/or personal), for
Page 2 of8
?v/2
personal injury to or death of any person or persons arising out of or occurring by reason of, or
any way connected with the purchase or use of the Property from and after the date of Delivery.
10. Indemnity for Lateral Support of L Street: Purchaser releases and agrees to
protect, defend, hold harmless and indemnify Seller and its elected officials, officers, employees,
contractors and agents from and against all demands, claims, injury, liability, loss, damage, cost
and expense, however same may be caused, including all costs and reasonable attorney's fees in
providing the defense to any claim arising therefrom, for any loss of, or damage to property (real
and/or personal), for personal injury to or death of any person or persons arising out of or
occurring by reason of, or any way connected with Purchaser's use or improvement of the
Property which in any way affects or impacts the lateral support on L Street.
II. Indemnity for Drainage: Purchaser releases and agrees to protect, defend, hold
harmless and indemnify Seller and its elected officials, officers, employees, contractors and
agents from and against all demands, claims, injury, liability, loss, damage, cost and expense,
however same may be caused, including all costs and reasonable attorney's fees in providing the
defense to any claim arising therefrom, for any loss of, or damage to property (real and/or
personal), for personal injury to or death of any person or persons arising out of or occurring by
reason of, or any way connected with Purchaser's use or improvement of the Property which in
any way affects or impacts the drainage on or across the Property.
12. Environmental Indemnity: Purchaser shall indemnify, protect, defend and hold
the Seller and its elected officials, officers, employees, contractors and agents [Indemnified
Parties] harmless from and against any and all damages, losses, liabilities, obligations, penalties,
claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements, or
expenses (including, without limitation, attorneys' and experts' fees and disbursements) of any
kind or of any nature whatsoever [Obligations] which may at any time be imposed upon,
incurred by or asserted or awarded against the Seller, effective upon Delivery, as to the Property
or any portions of the Property, arising from or out of: the existence, release, presence or
disposal on, in, under, about or adjacent of any hazardous materials, hazardous substances,
hazardous waste or toxic substances, as defined in all applicable local, state and federal laws and
regulations [Hazardous Materials].
(a) Purchaser shall comply with any and all laws, regulations, and/or orders
which may be promulgated with respect to the discharge and/or removal of any Hazardous
Materials, to payor cause other parties to pay immediately when due the costs of the removal of,
or any other action required by law with respect to, any Hazardous Materials, and to keep or
cause other parties to keep the Property free of any lien imposed pursuant to any laws,
regulations or orders.
(b) While Purchaser is the owner of the Property, Purchaser will not use the
Property or allow the Property to be used for any activities involving, directly or indirectly, the
use, generation, treatment, storage, release or disposal of any Hazardous Materials, except in
accordance with law.
Page30f8
?v10
(c) Purchaser shall not install or permit to be installed on the Property friable
asbestos or lead-based paint or any substance containing asbestos or lead-based paint and
deemed hazardous by federal or state regulations. Purchaser shall be responsible at its expense
for compliance with all applicable governmental requirements in the removal of any asbestos and
lead-based paint, to the extent that these costs are not paid by the Federal Government. Purchaser
agrees to and shall defend, indemnify and hold harmless Seller and its elected officials, officers,
employees, contractors and agents from and against all claims, liability, loss, damage, costs or
expenses (including reasonable attorney fees and court costs) arising from or as a result of
Purchaser's removal or remediation of any asbestos or lead-based paint from the Property, or
Purchaser's failure to remove or remediate any asbestos or lead-based paint from the Property.
(d) Notwithstanding the payment and performance in full of all of the
Obligations, this Indemnity shall not terminate to the extent an environmental claim arises from
or relates to any of the following contingencies or events: (i) the Seller has at any time or in any
manner participated in the management or control of, taken possession of (whether personally,
by agent or by appointment of a receiver), or taken title to the Property or any portion of the
Property; (ii) there has been a change, between the date of this Agreement and the date on which
all of the Obligations are paid and performed in full, in any Hazardous Materials laws, the effect
of which may be to make a lender or mortgagee liable in respect to any of the Obligations,
notwithstanding the fact that no event, circumstance, or condition of the nature described in
paragraph (i) above ever occurred.
(e) This Indemnity shall be binding upon Purchaser, and its successors and
assigns, and inure, together with all rights and remedies of Seller pursuant to this Agreement, to
the benefit of Seller, its respective elected officials, officers, employees, and agents and any
successor to Seller's powers and interests in the Property. None of the rights or obligations of
Purchaser pursuant to this Agreement may be assigned or otherwise transferred without the prior
written consent of Seller.
13. Release: Effective from and after the Delivery, Purchaser waives, releases,
acquits, and forever discharges Seller, its elected officials, officers, employees, and agents to the
maximum extent permitted by law, of and from any and all claims, actions, causes of action,
demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct
or indirect, known or unknown, foreseen or unforeseen, that it now has or that may arise in the
future because of or in any way growing out of or connected with this Agreement and the
Property (including without limitation the condition of the Property), except matters arising from
Seller's fraud or intentional misrepresentation. BUYER EXPRESSL Y WAIVES ITS RIGHTS
GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY OTHER
PROVISION OF LAW THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT BUYER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE
MATERIALLY AFFECTED ITS AGREEMENT TO RELEASE SELLER.
Seller's Initials:
Buyer's Initials:
Page 4 of 8
3-20
14. Real Estate Commission: Purchaser and Seller represent, warrant and agree that
no real estate commissions, finder's fees or broker's fees have been or will be incurred in
connection with the sale of the Property. The rights and obligations of Purchaser and Seller
pursuant to this section shall survive the Delivery or termination of this Agreement.
15. Default and Remedies:
(a) Seller's Default - Purchaser's Remedies: In the event that Seller
defaults on its obligations under this Agreement, Purchaser may, at its sole option and as its
exclusive remedies for such default either (i) terminate this Agreement by written notice to Seller
and the Title Company, if any, or (ii) if Seller's default results from its failure to transfer
possession and title to the Property to Purchaser at Delivery, enforce specific performance.
(b) Purchaser's Default - Seller's Remedies: In the event Purchaser defaults
on its obligations under this Agreement, Seller may, as Seller's sole and exclusive remedy for
such default, terminate this Agreement by written notice delivered to Purchaser.
16. Reversion: Purchaser is purchasing the Property for the purpose of grading a .
portion of the Property to expand the usable area of the adjacent property, currently identified as
San Diego Assessor's Parcel No. 647-010-28 ("Improvements"). If after five years from
Delivery, Purchaser or its successor in interest has failed to obtain approval by the City of Chula
Vista for the Improvements, or if Purchaser or its successor in interest grades or begins
Improvements without the appropriate permits required by the City, the City shall have the right
to enter the Property and terminate the grant. In this instance, title to the Property shall revert to
the City and all Purchaser's, or its successor's, interest in the Property shall cease. Purchaser or
its successor in interest shall not be entitled to the return of any portion ofthe Purchase Price.
Purchaser or its successor in interest shall bear any and all costs of completing the reversion of
title to the Property to the City.
17. Limited Liability: Any obligations or liabilities of Seller arising by virtue of this
Agreement shall be limited to the Property and resort shall not be had to any other assets of
Seller.
18. Time of Essence: Time is of the essence to both Seller and Purchaser in the
performance of this Agreement, and they agree that strict compliance by both parties is required
as to any date set out herein.
19. Notices: All notices, waivers, demands, requests or other communications
required or permitted by this Agreement shall, unless otherwise expressly provided, be in writing
and be deemed to have been properly given, served and received (a) if delivered by messenger,
when delivered; (b) if mailed, on the third (3rd) business day after deposit in the United States
mail, certified or registered, postage prepaid, return receipt requested; (c) telexed, tclegraphed or
telecopied, six hours after being dispatched if such sixth hour falls on a business day within the
hours of8:00 a.m. through 6:00 p.m. of the time in effect at the place of receipt, or at 8:00 a.m.
on the next business day thereafter if such sixth hour is later than 6:00 p.m. or (d) if delivered by
Page 5 of 8
3-21
reputable overnight express courier, freight prepaid, the next business day after delivery to such
courier, in every case addressed to the parties to be notified as follows:
Richard A. Ryals
Real Property Manager
City of Chula Vista
276 Fourth Avenue, MS E-IOO
Chula Vista, CA 91910
Bruce M. Carlin, Trustee
Carlin Family Trust
957 Tingley Lane
San Diego, CA, 92106
With a copy to:
Ann Moore
City Attorney
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Glen R. Googins
Attorney at Law
344 F Street, Suite 100
Chula Vista, CA 91910
20. Interpretation: This Agreement shall be governed by the laws of the state of
California. The section headings are for convenience only and are in no way intended to
interpret, define or limit the scope or content of this Agreement. If any party is made up of more
than one person or entity, then all are identified in the singular in this Agreement. If any right of
approval or consent by a party is provided for in this Agreement, the party shall exercise the right
promptly, in good faith and reasonably, unless this Agreement expressly gives such party the
right to use its sole discretion. The term Business Day shall mean Monday through Friday
excluding holidays recognized by the state of California.
21. Entire Agreement: This Agreement represents the entire agreement between the
parties for the purchase of the Property and supersedes all prior negotiations, representations or
agreements, either oral or written.
22. Amendments or Changes to the Agreement: The terms and provisions ofthis
Agreement shall only be amended or changes pursuant to a written instrument signed by both the
Seller and the Purchaser.
Page 60f8
3-22-
23. Authority to Contract: Each signatory to this Agreement represents and warrants
that it has the authority to enter into this Agreement and that this Agreement shall be binding
upon and inure to each party, their officers, directors, trustees and representatives upon
ratification and/or approval by their respective governing bodies.
24. Successors and Assigns: The provisions of this Agreement shall bind the
successors and assigns of the parties, except for a bona fide purchaser for value, not affiliated in
any way with the Purchaser.
25. Assignment: This Agreement may not be assigned whole or in part by Purchaser
without the prior written consent of Seller, provided, however, this Agreement may be assigned,
upon written notice to the City, to one or more affiliates of Purchaser so long as the parties
responsible for the management and control of the Purchaser and such affiliate(s) are identical or
substantially the same.
26. Attorney Fees: In the event of any action or proceeding to enforce a term or
condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in
connection with any provision of this Agreement or any action or proceeding in any way arising
from this Agreement, the prevailing party in such action, shall be entitled to recover its
reasonable costs and expenses, including without limitation reasonable attorney fees and costs of
defense paid or incurred in good faith. The "prevailing party" for the purposes of this
Agreement, is that party who obtains substantially the result sought, whether by settlement,
dismissal, or judgment.
27. City Council Approval Required: Purchaser understands and agrees that this
Agreement must be reviewed and considered at a hearing before the City Council. Purchaser also
understands that prior to the execution of this Agreement by Seller, the City Council must
approve the vacation of public access rights across the Property pursuant to the California Streets
and Highways Code and must determine and declare the Property as exempt surplus land as
provided for in California Government Code. The City Council has the discretion to approve or
disapprove the vacation, the surplus land finding and/or this Agreement or any sections thereof.
This Agreement is executed by the Seller, pursuant to City Council Resolution No.
, and by Purchaser, acting by and through its lawfully authorized officer.
SELLER: THE CITY OF CHULA VISTA
Date:
By
Cheryl Cox
Mayor
Page70f8
3~23
PURCHASER: CARLIN FAMILY TRUST dated May
2, 1983
Date:
Bruce M. Carlin, Managing Trustee
APPROVED as to form:
By
Ann Moore
City Attorney
Exhibit A: Legal description of the Property
Exhibit B: Plat Map of the Property
Exhibit C: Form of Grant Deed
J:\Attomey\ELISA\AGREEMENTS\Carlin Industrial~L Real Estate Purchase and Sale Agreement FINAL FINAL 8-9-08.doc
Page 8 of 8
3-24
08/09/2007 14:26 F,~, 6194251357
MMS Design Assoc.
PURCHASER: CARLIN FAMILY TRUST dated May
2, 1983
Date:~~ 101
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Co- iL. '"
- -.........
Bruce M. Carlin. Managing Trustee
APPROVED as to form:
By
Ann Moore
City Attomey
Exhibit A: Legal description of the Property
Exhibit B: Plat Map of the Property
Exhibit C: Form of Grant Deed
Page8of8
3-ZS
~002
EXHIBIT "A"
LEGAL DESCRIPTION
"L" Street and Industrial Blvd. Excess Land
Being a portion of the West half of the West half of Quarter Section 165 of
Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of
California, according to Map No. 166, filed May 11, 1869 in the office of the
County Recorder of said County, more particularly described as follows:
Beginning at the Southeast corner of Parcel 9 as described on Relinquishment
Map No. 21797, filed for record as State Highway Map No. 140 on June 11,
1974, as file number 74-154774 in the Office of the County recorder of said
County, said point also being on the Westerly right-of-way line of Industrial
Boulevard 80.00 feet wide; thence leaving said Westerly line and along the
southerly line of Parcel 1 B as described in that certain Final Order of
Condemnation under Superior Court Case No. 308614, recorded May 25, 1970,
South 66008'17" West 209.79 feet to the Northwest corner of land as described in
a Director's Deed recorded on April 14, 1972 as File No. 92998 of Official
Records, said point also being the Southwest corner of said Parcel 9; thence
along the Westerly line of said Parcel 9, North 05031'47" West to a point that is
46.00 feet distant from and at right angles to the centerline of "L" Street, 80.00
feet wide, as dedicated per document recorded on May 11, 1925 in Book 1073,
Page 468 of Official Records; thence along a line parallel to said "L" Street, North
72011' 13" East, a distance of 192.93 feet; thence leaving said parallel line, South
62050'30" East 7.07 feet to the westerly line of said Industrial Boulevard; thence
along said Westerly line, South 1 r52'15 East 21.89 feet to the Point of
Beginning.
Containing 0.175 Acres more or less
Reserving unto the grantor and their assigns, an easement for general utility and
access purposes over the above described land.
The bearings and distances used in the above description are on the California
Coordinate System, Zone 6. Multiply all distances used in the above description
by 0.9999645 to obtain ground level distances.
~~~ / 7,,4./~
Gregory P. Hopkins, P.L.S. 7730
License expires 12/31/07
$- 7-<77
Date
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~~~ INDICATES AREA TO BE CONVEYED
~~ AREA = 0.175 ACRES
DATE:
JULY 2'1. 2007
DRAWN BY:
GREG HOPKINS,PLS
CITY OF
LAND
CHULA
SALE PLAT
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GREGORY P HOPKINS
P.L.S. 7730
VI S T A W.O.# RP 001
CCS83:
180L! - 6301
Recording requested by and
please return to:
Carlin Family Trust dated
May 2, 1983
957 Tingley Lane
San Diego, CA 92106
D
D
Assessor's Parcel Number
Chula Vista CIP File No: RP-001
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City 'of
Chula Vista, a municipal Corporation, grants to the Carlin Family Trust dated May 2, 1983, that
certain real property located in the City of Chula Vista, County of San Diego, State of California,
more particularly described as follows:
See Legal Description designated as Exhibit" A" attached to and incorporated into this Grant
Deed.
As more particularly shown on a Map designated as Exhibit "B" attached to and incorporated
into this Grant Deed.
RESERVING therefrom to Grantor of the parcel ofland described in this Grant Deed, their
successors or assigns, a non-exclusive easement for drainage purposes (Drainage Easement) on,
over, under, across and through (a) that portion of the property described in this Grant Deed upon
which a concrete drainage culvert (Drainage Improvement) has been constructed; (b) two feet on
either side of the Drainage Improvement for maintenance and repair purposes; and (c) over such
area as is necessary and appropriate for reasonable access to the Drainage Easement for
maintenance and repair purposes. Upon written approval of the City Engineer, this Drainage
Easement may be relocated or modified in order to accommodate a reconstruction or redesign of
the Drainage Improvement. The Drainage Easement may be vacated upon a Resolution by the
City Council of the City of Chula Vista fmding that the Drainage Improvement is no longer
necessary at this location.
Grantee and Grantee's successors and assigns shall maintain in perpetuity the slope, or any
remaining portion of the slope, including any remaining interest of the Grantor, and the lateral
support for L Street to the satisfaction of the City Engineer of the City ofChula Vista.
3~22
Signed this
day of
, 2007
(Notary Acknowledgment required for each signatory.)
J:\Attomey\ELISA\L Industrial Grant Deed FINAL 8~9.07.doc
~~ZC,