HomeMy WebLinkAbout2008/07/15 Item 7
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
7/15/08, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT DEED IN FEE FOR TWO
EXCESS REMNANT PARCELS ADJOINING STATE ROUTE 125
DESIGNATED AS SAN DIEGO COUNTY ASSESSOR'S PARCEL
NU11BERS 595-070-52 AND 595-070-53 FROM EASTLAKE
DEVELOPMENT COMPANY AND AUTHORIZING THE CITY
CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
ACCEPT AND RECORD THE GRANT DEED
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TRANSFER OF PARCEL DD
32019-03-01 AND PARCEL DD 32019-03-02 WHICH WERE
GRANTED TO THE CITY OF CHULA VISTA BY THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) AS PART OF THE STATE ROUTE 125 PROJECT
TO MCMILLIN OTAY RANCH LLC AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS
NECESSARY TO TRANSFER TW. ,PARCELS
DIRECTOR OF ENGINEERING .
CITY MANAGER <; T fLr D"'-G;
ASSISTANT CITY MANAGER 'S)
4/5THS VOTE: YES D NO [g]
SUMMARY
The State Route 125 Toll Road project started construction in September 2003 and opened to the
public in November 2007. This project was approved as a "Design-Build" facility. Due to the
final approved geometric alignment of the toll road, off-ramps and on-ramps, there are some
portions of parcels initially anticipated to be a part of State Route 125 that have been deemed by
the California Department of Transportation (Caltrans) to be not necessary for the toll road.
Adoption of these Resolutions will resolve the remaining excess land issues related to the
construction of the Toll Road.
ENVIRONMENT AL 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 (b)(4) of the State CEQA Guidelines; therefore,
pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no further environmental review is necessary.
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7/15/08, Item~
Page 2 of3
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
EASTLAKE PARCELS
There are two existing parcels of land held in fee ownership by the Eastlake Development
Company that were initially set aside to be used for right-of-way as part of the SR-125
transportation corridor. These parcels were set aside for transportation purposes as part of the
SR-125 project. A portion of these two parcels was eventually taken for the purposes intended,
with the majority of the parcels left as excess. The alignment of the SR-125 has been finalized
and no more right-of-way is needed in this area. The Eastlake Development Company does not
want these remnant parcels and wishes to deed these parcels to the City of Chula Vista at no cost.
These parcels have a current land use designation of OS-3. Under the current land use
designation these parcels could accommodate:
· Agriculture - interim basis
· Horticultural garden
. Christmas Tree Sales
. Field Crops
. Fruit and Vegetable stands
. Parks and recreational facilities
. Public quasi-public uses
. Tree farming
· Utilities public and private, such as electrical substations
All of these uses are subject to CEQA and may require environmental review.
The total area ofthese two parcels is approximately 15 acres. (See Attachment I)
McMILLIN PARCELS
On April 16, 2002, the City of Chula Vista entered into the Toll Road Agreement to facilitate
development of the SR-125 toll road through the City of Chula Vista. This agreement set forth
the terms and conditions for the City's transfer of property back to the private landowner. On
September 25,2007, Council approved the transfer of two Caltrans fee owned parcels to the City
of Chula Vista. These two parcels were deemed to be excess land, fell outside the SR-125 right-
of-way, and were no longer needed for the reason originally granted. The City of Chula Vista
now holds title to these two parcels, and pursuant to the conditions in the Toll Road Agreement,
must convey these properties back McMillin Otay Ranch, LLC. (See Attachment 2)
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7/15/08, Item-=---
Page 3 of 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, which is the subject of this action.
FlSCAL IMPACT
There is no impact to the General Fund as a result of this action. All costs associated with the
maintenance of those parcels being transferred to McMillin will be borne by McMillin. The
parcels being granted to the City by the Eastlake Development Company are anticipated to be
leased or sold and will be maintained by others.
ATTACHMENTS:
I. Eastlake Grant deed with Legal Description
2. McMillin Quit Claim Deeds with Exhibits
Prepared by: Rick Ryals, Real Property A4anager, Engineering Department
M:\Engineer\AGENDA\CAS2008\06-17-08\SR-125 Eastlake-McMillin Parcels CAS.doc
7-3
A"IT AGhi-,,,;H:f'J-:r
/
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
> (This s ace for Recorder's use, only) >
Assessor's Parcel Number's 595-070-52 and 595-070-53
Chula Vista ClP File No. SR-125
Grant Deed
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE EASTLAKE
COMPANY, LLC, a California limited liability company hereby grants to THE CITY OF CHULA
VISTA, A MUNICIPAL CORPORATION, the following real property situated in the City of Chula
Vista, County of San Diego, State of California and more particularly described as follows:
See Legal Description Designated as Exhibit" A" attached hereto and by reference made a part
hereof.
Signed this
day of
, 2008
THE EASTLAKE COMPANY, LLC.
a California limited liability company
By:
Its
By:
Its:
(Notary Acknowledgment required for each signatory.)
7-4
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 June 5, /990, and the grantee(s) consent(s)
to the recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J:ISurveyIST922ILegalslFinal\617-071-09g.doc
7-5
Form No. 1068-2
ALTA Plain Language Commitment
EXHIBIT "A"
Commitment No.: NCS-345891-SD
Page Number: 5
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SEmON 27 AND OF THE NORTHWEST
QUARTER OF SEmON 34 IN TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CHULA VISTA, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING EASTERLY OF THE WESTERLY LINE OF
THE 120 FOOT WIDE EASEMENT DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED
APRIL S, 1983 AS DOCUMENT NO. 107938 OF OFFICIAL RECORDS, AND LYING WESTERLY OF
THE WESTERLY LINE OF PARCEL MAP NO. 13883, FILED IN THE OFFICE OF THE COUN1Y
RECORDER OF SAN DIEGO COUN1Y, JULY 26,1985.
EXCEPTING THAT PORTION LYING WITHIN EASTLAKE DRNE AS DEDICATED ON MAP NO.
11403, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y.
ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED TO THE STATE OF
CALIFORNIA BY DEEDS RECORDED MAY 22, 2003 A5 FILE NO. 2003-0604639 AND 2003-
0604642, BOTH OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DOCUMENT RECORDED NOVEMBER 16, 2007 AS INSTRUMENT NO. 2007-
0723402 AND 2007-0723403, BOTH OF OFFICIAL RECORDS.
APN: 595-070-52-00 and 595-070-53-00
First American Titie Insurance Company
7-6
t-:T-T,:::",CHNiENT '"
):.?-'
Recording requested by and
please return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instntment benefits
City, only. No iee required
> (This s ace or Recorder's use, only) >
Chula Vista CIP File No. SR-125
Quitclaim Deed
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Chula
Vista, a municipal Corporation, does hereby remise, convey and forever Quitclaim to McMilliu
Otay Ranch, LLC a Deleware limited liability company, the following real property Situated in the
City of Chula Vista, County of San Diego, State of California and more particularly described as
follows:
See Legal Description and Plat designated as Exhibit "A" attached hereto and by reference made a part
hereof.
This deed is subject to all existing easements,
Signed this
day of
, 2008
THE CITY OF CHULA VISTA
Cheryl Cox, Mayor
City ofChula Vista
(Notary Acknowledgment required for each signatory.)
CT Pel, No, 32019-03-01
7-7
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 June 5, 1990, and the grantee(s) consent(s)
to the recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J :ISurveyIST922ILegalslFinalI617 -071-09g.doc
CT Pel. No. 32019-03-01
7-8
EXHIEIT uA"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document No.
2003-0604607 lying Easterly of the following described line:
Commencing at a 2" iron pipe with disc stamped 'R.C.E 22606" marking the Northeast corner of Lot
23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9111, 2000, in the office
of the County Recorder of San Diego County, said pipe bearing North 71057'57" East 2640.41 feet
from a 2" iron pipe with disc stamped "L.S. 5284" marking the Southwest comer of Lot 10 of Map No.
14432, recorded August 30th, 2002, in the office of said County Recorder; thence along the Northerly
line of said Lot 23 South 71057'57" West 22.30 feet; thence North 63024'16" West 138.24 feet to the
beginning of a 550.03 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 22039'08' a distance of 217.46 feet to the beginning of a non-tangent
433.15 foot radius curve concave Northeasterly, a radial bearing to said point bears South 44015'53"
West; thence Northwesterly along said curve through a central angle of 02000'16" a distance of 15.15
feet; thence non-tangent to said curve North 60045'28" West 30.31 feet to the beginning of a non-
tangent 320.41 foot radius curve concave Northeasterly, a radial bearing to said point bears South
46022'51" West; thence Northwesterly along said curve through a central angle of 09043'46" a
distance of 54.41 feet to the beginning of a 3606.39 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 02030'08" a distance of 157.51 feet to the
beginning of a 1913.84 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 05'38'03" a distance of 188.19 feet to the beginning of a 6998.01
foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central
angle of 01024'52" a distance of 172.745 feet to the beginning of a non-tangent 3624.21 foot radius
curve concave Northeasterly, a radial line to said beginning bears South 65027'01" West; thence
Northwesterly along said curve through a central angle of 03'14'26" a distance of 204.98 feet; thence
North 21018'33" West 204.19 feet; thence North 17"29'08" West 83.50 feet to the beginning of a
1407.94 foot radius curve concave Easterly; thence Northerly along said curve through a central
angle of 08037'48" a distance of 212.07 feet; thence North 08'37'59" West 232.59 feet; thence North
09011'35" West 169.93 feet; thence North 08022'34" West 56.24 feet; thence North 09'10'03" West
77.41 feet to the beginning of a 137.26 foot radius curve concave Easterly; thence Northerly along
said curve through a central angle of 13032'35" a distance of 32.44 feet; thence North 04'22'32" East
131.80 feet to the beginning of a 284.84 foot radius curve concave Westerly; thence Northerly along
said curve through a central angle of 14'16'08" a distance of 70.93 feet to the beginning of a 121.88
foot radius reverse curve concave Easterly; thence Northerly along said curve through a central angle
of 19'00'59" a distance of 40.45 feet; thence North 09007'23" East 160.03 feet to the beginning of a
911.54 foot radius curve concave Southeasterly; thence Northeasterly along said curve through a
central angle of 14039'39" a distance of 233.25 feet to the beginning of a 2155.33 foot radius curve
concave Southeasterly; thence Northeasterly along said curve through a central angle of 04035'30" a
distance of 172.73 feet; thence North 28022'31" East 120.32 feet; thence North 26'32'21" East 169.27
feet to the True Point of Beginning, said point being the beginning of a 593.50 foot radius curve
concave Westerly; thence Northerly along said curve through a central angle of 33033'34" a distance
of 347.62 feet to the beginning of a 1262.42 foot radius curve concave Westerly; thence Northerly
along said curve through a central angle of 07'09'41" a distance of 157.79 feet to the beginning of a
FORM IU' 6.t(3) (RSVISnl 4/96}
lU2KXA_n019_03_01_noa1g.1X)C 11/14./07 51>
7-9
36.88 foot radius reverse curve concave Southeasterly; thence Northeasterly along said curve
through a central angle of 90039'38" a distance of 58.35 feet; thence non-tangent to said curve North
08"18'56" West 45.88 feet; thence along a radial bearing North 08010'13'West 65.00 feet to a point
on a 3700.00 foot radius curve concave Southeasterly, said point being the Point of Terminus and
being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of California
recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along said curve
and said State land through a central angle of 03048'57" a distance of 246.42 feet to the Southerly
terminus of that certain course in said State land bearing North 04021'16" West 95.92 feet.
Containing 0.71 acres more or less.
Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate
System of 1983, HPGN EPOCH 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.999 993 8 to obtain ground level distances. To convert U.S. survey feet to meters,
multiply distances by 0.30480061.
There shall be no abutter's ri9hts, including rights of access appurtenant to the above-described
parcel of land in and to the adjacent State highway.
PORM RY 6-lle) UUN'ISKD 4/91S}
1.49:l:lt;tA.J20U.03-01'DQdg.OOC 11/14/07 51
7-10
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ULA
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EXHIBIT "A"
VISTA
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-----
SECTION 3
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This mop has been prepared by me.
or under my direct Ion. in conformance
with the Profes d Surveyors'
Signotur
Dote
Act.
STATE OF CALIFORNIA
D~PARTMENT OF lRAN8PORTATlON
OlSTR1CT I 1
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DIRECTOR'S DEED MAP
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RIG~;"O~OWAY Por. 52015m
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SO 125 8.11 NONE
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7.4
SCALE
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ATIACHMENT
~b
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City. only. No fee required
> (This s ace or Recorder's use, onl :> >
Chula Vista CIP File No. SR-125
Quitclaim Deed
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Chula
Vista, a municipal Corporation, does hereby remise, convey and forever Quitclaim to _McMillin
Otay Ranch, LLC a Deleware limited liability company, the following real property situated in the
City of Chula Vista, County of San Diego, State of California and more particularly described as
follows:
See Legal Description and Plat designated as Exhibit "A" attached hereto and by reference made a part
hereof.
This deed is subject to all existing easements.
Signed this
day of
, 2008
THE CITY OF CHULA VISTA
Cheryl Cox, Mayor
City of Chula Vista
(Notary Acknowledgment required for each signatory.)
CT Pel. No. 32019-03-02
7-13
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 June 5, 1990, and the grantee(s) consent(s)
to the recordation thereofby its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J:ISurveyIST922\Legals\FinalI6 I 7-07 I -09g.doc
CT Pel. No. 32019-03-02
7-14
EXHIBIT nA"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document No.
2003-0604607 lying Easterly and Northeasterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "R.C.E 22606' marking the Northeast corner of Lot
23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9th, 2000, in the office
of the County Recorder of San Diego County, said pipe bearing North 71057'57" East 2640.41 feet
from a 2" iron pipe with disc stamped "L.S. 5284' marking the Southwest corner of Lot 10 of Map No.
14432, recorded August 30th, 2002, in the office of said County Recorder; thence along the Northerly
line of said Lot 23 South 71057'57" West 22.30 feet to the True Point of Beginning; thence North
63'24'16" West 138.24 feet to the beginning of a 550.03 fcot radius curve concave Northeasterly;
thence Northwesterly along said curve through a central angle of 22'39'08" a distance of 217.46 feet
to the beginning of a non-tangent 433.15 foot radius curve concave Northeasterly, a radial bearing to
said point bears South 44"15'53" West; thence Northwesterly along said curve through a central
angle of 02'00'16" a distance of 15.15 feet; thence non-tangent to said curve North 60'45'28" West
30.31 feet to the beginning of a non-tangent 320.41 foot radius curve concave Northeasterly, a radial
bearing to said point bears South 46"22'51" West; thence Northwesterly along said curve through a
central angle of 09'43'46" a distance of 54.41 feet to the beginning of a 3606.39 foot radius curve
concave Northeasterly; thence Northwesterly along said curve through a central angle of 02'30'08" a
distance of 157.51 feet to the beginning of a 1913.84 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 05"38'03" a distance of 188.19 feet to the
beginning of a 6998.01 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 01'24'52" a distance of 172.745 feet to the beginning of a non-
tangent 3624.21 foot radius curve concave Northeasterly, a radial line to said beginning bears South
65'27'01" West; thence Northwesterly along said curve through a central angle of 03"14'26" a
distance of 204.98 feet; thence North 21"18'33" West 204.19 feet; thence North 17"29'08" West 83.50
feet to the beginning of a 1407.94 foot radius curve concave Easterly; thence Northerly along said
curve through a central angle of 08"37'48" a distance of 212.07 feet; thence North 08037'59" West
232.59 feet to the Point of Terminus; thence North 09"11'35" West 169.93 feet; thence North
08'22'34" West 56.24 feet; thence North 09"10'03" West 77.41 feet to the beginning of a 137.26 foot
radius curve concave Easterly; thence Northerly along said curve through a central angle of 13'32'35"
a distance of 32.44 feet; thence North 04'22'32" East 131.80 feet to the beginning of a 284.84 foot
radius curve concave Westerly; thence Northerly along said curve through a central angle of
14"16'08" a distance of 70.93 feet to the beginning of a 121.88 foot radius reverse curve concave
Easterly; thence Northerly along said curve through a central angle of 19000'59" a distance of 40.45
feet; thence North 09'07'23" East 160.03 feet to the beginning of a 911.54 foot radius curve concave
Southeasterly; thence Northeasterly along said curve through a central angle of 14039'39" a distance
of 233.25 feet to the beginning of a 2155.33 foot radius curve concave Southeasterly; thence
Northeasterly along said curve through a central angle of 04'35'30" a distance of 172.73 feet; thence
North 28'22'31" East 120.32 feet; thence North 26'32'21" East 169.27 feet to the beginning of a
593.50 foot radius curve concave Westerly; thence Northerly along said curve through a central angle
of 33'33'34" a distance of 347.62 feet to the beginning of a 1262.42 foot radius curve concave
Westerly; thence Northerly along said curve through a central angle of 07"09'41" a distance of 157.79
FORM !nf 6.1{B) (RrllBKD 4./96)
lH2BXA-3:2019.0J.Q4.DOI1g.OCC 11/14/07 SE
7-15
feet to the beginning of a 36.88 foot radius reverse curve concave Southeasterly; thence
Northeasterly along said curve through a central angle of 90039'38" a distance of 58.35 feet; thence
non-tangent to said curve North 08018'56" West 45.88 feet; thence along a radial bearing North
OS010'13'West 65.00 feet to a point on a 3700.00 foot radius curve concave Southeasterly, said point
being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of California
recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along said curve
and said State land through a central angle of 03048'57' a distance of 246.42 feet to the Southerly
tenminus of that certain course in said State land bearing North 04021'16' West 95.92 feet.
Containing 0.25 acres more or less.
Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate
System of 1983, HPGN EPOCH 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.9999938 to obtain ground level distances. To convert U.S. survey feet to meters,
multiply distances by 0.30480061.
There shall be no abutter's rights, including rights of access appurtenant to the above-described
parcel of land in and to the adjacent State highway.
FORM Rtf 6.1(8) (UVI&IW ,nil
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ULA
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EXHIBIT "A"
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KEY MAP
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 1 I
DIRECTOR'S DEED MAP
0032019-03-02
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0032019-03- 02
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EXHIBIT "e"
STATE OF CALIFORNIA
DEPARTMeNT OF TRANSPORTATION
DiSTRICT 11
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DIRECTOR'S DEED MAP
0032019-03-02
Por, 52015m
RIGHT OF WAY
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SO 12~
E.A. 232302
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RESOLUTION 2008-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT
DEED IN FEE FOR TWO EXCESS REMNANT
PARCELS ADJOINING STATE ROUTE 125
DESIGNATED AS SAN DIEGO COUNTY
ASSESSOR'S PARCEL NUMBERS 595-070-52 AND
595-070-53 FROM EASTLAKE DEVELOPMENT
COMP ANY AND AUTHORIZING THE CITY CLERK
TO EXECUTE ALL DOCUMENTS NECESSARY TO
ACCEPT AND RECORD THE GRANT DEED
WHEREAS, the Eastlake Development Company owns two parcels of land that were set
aside to be used for right-of-way purposes as a pari of the State Route 125 (SR-125)
transportation conidor; and
WHEREAS, a portion of these two parcels was taken for right-of-way purposes with the
majority of the parcels left as excess; and
WHEREAS, the alignment of SR-125 has been finalized and the Califomia Department
of Transportation (Caltrans) has determined that these excess parcels are not necessary for SR-
125; and
WHEREAS, the Eastlake Development Company does not want these remnant parcels,
clllTently designated as San Diego County Assessor's Parcel Numbers 595-070-52 and 595-070-
53, and wishes to deed these parcels to the City ofChu1a Vista at no cost
NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it accepts a Grant Deed in fee for two excess remnant parcels adjoining State Route 125
designated as San Diego County Assessor's Parcel Numbers 595-070-52 and 595-070-53, more
particularly described in a legal description attached to this Resolution as Exhibit "A", from
Eastlake Development Company.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the City Clerk to execute all documents necessary to accept and record the Grant
Deed.
Presented by
Approved as to fonn by
,J., 4 -L
.~ cA- -'{t~~\ /0.,;'-.-
Bart Miesfeld V
Interim City Attorney
R. A. Hopkins
Director of Engineering
7-20
FOl1Tl No. 1068-2
ALTA Plain Language Commitment
EXHIBIT "A"
Commitment No.: NCS-345891-SD
Page Numben S
THOSE PORTIONS OF THE SOUTI-lWEST QUARTER OF SECTION 27 AND OF THE NORTHWEST
QUARTER OF SECTION 34 IN TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE.01Y OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAllFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING EASTERLY OF THE WESTERLY llNE OF
THE 120 FOOT WIDE EASEMENT DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED
APRIL 5,1983 AS DOCUMENT NO. 107938 OF OFFICIAL RECORDS, AND LYING WESTERLY OF
THE WESTERLY llNE OF PARCEL MAP NO. 13883, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 26,1985.
EXCEPTING THAT PORTION LYING WITHIN EASTlAKE ORNE AS DEDICATED ON MAP NO.
11403, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED TO THE STATE OF
CAllFORNIA BY DEEDS RECORDED MAY 22, 2003 AS FILE NO. 2003-0604639 AND 2003-
0604642, BOTH OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DOCUMENT RECORDED NOVEMBER 16, 2007 AS INSTRUMENT NO. 2007-
0723402 AND 2007-0723403, BOTH OF OFFICIAL RECORDS.
APN: 595-070-52-00 and 595-070-53-00
First American Titfe Insurance Company
7-21
EXHIEIT "A"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document No.
2003-0604607 lying Easterly of the following described line:
Commencing at a 2' iron pipe with disc stamped "R.C.E 22606" marking the Northeast corner of Lot
23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9th, 2000, in the office
of the County Recorder of San Diego County, said pipe bearing North 71057'57" East 2640.41 feet
from a 2" iron pipe with disc stamped "L.S. 5284' marking the Southwest corner of Lot 10 of Map No.
14432, recorded August 30th, 2002, in the office of said County Recorder; thence along the Northerly
line of said Lot 23 South 71057'57' West 22.30 feet; thence North 63024'16" West 138.24 feet to the
beginning of a 550.03 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 22039'08" a distance of 217.46 feet to the beginning of a non-tangent
433.15 foot radius curve concave Northeasterly, a radial bearing to said point bears South 44015'53"
West; thence Northwesterly along said curve through a central angle of 02'00'16" a distance of 15.15
feet; thence non-tangent to said curve North 60045'28" West 30.31 feet to the beginning of a non-
tangent 320.41 foot radius curve concave Northeasterly, a radial bearing to said point bears South
46022'51" West; thence Northwesterly along said curve through a central angle of 09043'46' a
distance of 54.41 feet to the beginning of a 3606.39 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 02030'08" a distance of 157.51 feet to the
beginning of a 1913.84 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 05'38'03" a distance of 188.19 feet to the beginning of a 6998.01
foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central
angle of 01024'52" a distance of 172.745 feet to the beginning of a non-tangent 3624.21 foot radius
curve concave Northeasterly, a radial line to said beginning bears South 65027'01' West; thence
Northwesterly along said curve through a central angle of 03014'26" a distance of 204.98 feet; thence
North 21018'33" West 204.19 feet; thence North 17'29'08" West 83.50 feet to the beginning of a
1407.94 foot radius curve concave Easterly; thence Northerly along said curve through a central
angle of 08037'48" a distance of 212.07 feet; thence North 08037'59' West 232.59 feet; thence North
09'11'35" West 169.93 feet; thence North 08022'34" West 56.24 feet; thence North 09010'03' West
77.41 feet to the beginning of a 137.26 foot radius curve concave Easterly; thence Northerly along
said curve through a central angle of 13032'35' a distance of 32.44 feet; thence North 04'22'32' East
131.80 feet to the beginning of a 284.84 foot radius curve concave Westerly; thence Northerly along
said curve through a central an9le of 14016'08' a distance of 70.93 feet to the beginning of a 121.88
foot radius reverse curve concave Easterly; thence Northerly along said curve through a central angle
of 19'00'59" a distance of 40.45 feet; thence North 09007'23" East 160.03 feet to the beginning of a
911.54 foot radius curve concave Southeasterly; thence Northeasterly along said curve through a
central angle of 14039'39' a distance of 233.25 feet to the beginning of a 2155.33 foot radius curve
concave Southeasterly; thence Northeasterly aiong said curve through a central angle of 04035'30" a
distance of 172.73 feet; thence North 28022'31" East 120.32 feet; thence North 26'32'21' East 169.27
feet to the True Point of Beginning, said point being the beginning of a 593.50 foot radius curve
concave Westerly; thence Northerly along said curve through a central angle of 33'33'34' a distance
of 347.62 feet to the beginning of a 1262.42 foot radius curve concave Westerly; thence Northerly
along said curve through a central angle of 07'09'41" a distance of 157.79 feet to the beginning of a
f'OllH R'" 6-US) {UVISEII 'H96l
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36.88 foot radius reverse curve concave Southeasterly; thence Northeasterly along said curve
through a central angle of 90039'38" a distance of 58.35 feet; thence non-tangent to said curve North
08018'56" West 45.88 feet; thence along a radial bearing North 08010'13"West 65.00 feet to a point
on a 3700.00 foot radius curve concave Southeasterly, said point being the Point of Terminus and
being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of California
recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along said curve
and said State land through a central angle of 03"48'57" a distance of 246.42 feet to the Southerly
terminus of that certain course in said State land bearing North 04'21'16" West 95.92 feet.
Containing 0.71 acres more or less.
Coordinates, bearings and distances, as stated hereon, are based on the Califomia Coordinate
System of 1983, HPGN EPOCH 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.999 993 8 to obtain ground level distances. To convert U.S. survey feet to meters,
multiply distances by 0.30480061.
There shall be no abutter's rights, including rights of access appurtenant to the above-<lescribed
parcel of land in and to the adjacent State highway.
PORM RW 6.1fB) IRBVISiD 4/96)
lU21D1.A-nQU.QJ-Ol-nQd9'.OOC 11/14/07 sa
7-23
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UL'A
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EXHIBIT "A"
30
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SECTION 3
OTAY
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LOT 10
PARCEL 2
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KEY MAP
This map has been prepared by me,
or under my direction, in conformance
with the Profes d Surveyors'
Date
4J~S-
~,;,
STATE OF CALIFORNIA
DEPARTIIENT OF lRAN8PORTATlON
DISTR!CT 11
Act.
NO. lS
* Exp.
Signatur
E,A 232302
DIRECTOR'S DEED MAP
0032019-03-01
RIC~:"O~OWAY POI. 52015m
COUNTY ROUTE KlOl.l[TER POST SCAlE
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UTILITY AND ACCESS
EASEUENf GRANTED TO
THE tlTV ~ CHUlA VISTA
PER nlE NO. 2ooJ-0514411
!lEe. I MlY 16. 200J
@ SLOPE EASEUENT
CRAN1(O TO THE
CITY Of CHUll VISTA
PER I'ILE NO. 200J~057H17
RH.' l.lAY 18, 200J
CHULA
EXISTING RIGHT OF WAY
GRANTED TO HIE STATE
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RESOLUTION 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE TRANSFER OF
PARCEL DO 32019-03-01 AND PARCEL DD 32019-03-
02 WHICH WERE GRANTED TO THE CITY OF
CHULA VIST A BY THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
(CALTRANS) AS PART OF THE STATE ROUTE 125
PROJECT TO MCMILLIN OTAY RANCH LLC AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL DOCUNIENTS NECESSARY TO
TRANSFER THE PARCELS
WHEREAS, in 2002, the City of Chula Vista (City) entered into the City of Chula Vista
Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting
Real Propetiy to facilitate development of the State Route 125 (SR-125) toll road through the
City; and
WHEREAS, McMillin Otay Ranch LLC previously transferred Parcel DD 32019-03-01
and Parcel DD 32019-03-02 to the California Depaliment of Transportation (Caltrans) to
t8ci IItate the construction of SR-125; and
WHEREAS, on September 25, 2007, pursuant to Resolution No.2007-240, the City
Council accepted Parcel DD 32019-03-01 and Parcel DD 32019-03-02 in fee from Caltrans in
order to finalize the right-of-way for the SR-125; and
WHEREAS, the alignment of SR-125 has been finalized and Caltrans has deternlined
that these Parcels are not necessary for SR -125; and
WHEREAS, the City is obligated to transfer these Parcels to McMillin Otay Ranch LLC.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the transfer of Parcel DD 32019-03-01 and Parcel DD 32019-03-02, more
par,tlcularly described in legal descriptions attached to this Resolution as Exhibit "A", which
were granted to the City by the Califomia Department of Transportation as part of the State
Route 125 project, to McMillin Otay Ranch LLC.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the Mayor and City Clerk to execute all documents necessary to transfer title to these
Parcels to McMillin Otay Ranch LLC.
Presented by
Approved as to fornl by
'--{:~ J,- /(;'-~-=* rF~
Bart Miesfeld
Interim City Attorney
Rick Hopkins
Di rector of Engineering
7-26
EXHIBIT "A"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document No.
2003-0604607 lying Easterly and Northeasterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "R.C.E 22606" marking the Northeast corner of Lot
23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 91h, 2000, in the office
of the County Recorder of San Diego County, said pipe bearing North 71057'57" East 2640.41 feet
from a 2" iron pipe with disc stamped "L.S. 5284' marking the Southwest corner of Lot 10 of Map No.
14432, recorded August 30th, 2002, in the office of said County Recorder; thence along the Northerly
line of said Lot 23 South 71057'57" West 22.30 feet to the True Point of Beginning; thence North
63024'16" West 138.24 feet to the beginning of a 550.03 foot radius curve concave Northeasterly;
thence Northwesterly along said curve through a central angle of 22039'08" a distance of 217.46 feet
to the beginning of a non-tangent 433.15 foot radius curve concave Northeasterly, a radial bearing to
said point bears South 44015'53" West; thence Northwesterly along said curve through a central
angle of 02000'16' a distance of 15.15 feet; thence non-tangent to said curve North 60045'28" West
30.31 feet to the beginning of a non-tangent 320.41 foot radius curve concave Northeasterly, a radial
bearing to said point bears South 46022'51' West; thence Northwesterly along said curve through a
central angle of 09043'46" a distance of 54.41 feet to the beginning of a 3606.39 foot radius curve
concave Northeasterly; thence Northwesterly along said curve through a central angle of 02030'08" a
distance of 157.51 feet to the beginning of a 1913.84 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 05038'03" a distance of 188.19 feet to the
beginning of a 6998.01 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 01024'52" a distance of 172.745 feet to the beginning of a non-
tangent 3624.21 foot radius curve concave Northeasterly, a radial line to said beginning bears South
65027'01" West; thence Northwesterly along said curve through a central angle of 03014'26" a
distance of 204.98 feet; thence North 21018'33" West 204.19 feet; thence North 17029'08" West 83.50
feet to the beginning of a 1407.94 foot radius curve concave Easterly; thence Northerly along said
curve through a central angle of 08037'48" a distance of 212.07 feet; thence North 08037'59" West
232.59 feet to the Point of Terminus; thence North 09011'35" West 169.93 feet; thence North
08'22'34" West 56.24 feet; thence North 09010'03" West 77.41 feet to the beginning of a 137.26 foot
radius curve concave Easterly; thence Northerly along said curve through a central angle of 13032'35"
a distance of 32.44 feet; thence North 04022'32" East 131.80 feet to the beginning of a 284.84 foot
radius curve concave Westerly; thence Northerly along said curve through a central angle of
14016'08" a distance of 70.93 feet to the beginning of a 121.88 foot radius reverse curve concave
Easterly; thence Northerly along said curve through a central angle of 19000'59" a distance of 40.45
feet; thence North 09007'23" East 160.03 feet to the beginning of a 911.54 foot radius curve concave
Southeasterly; thence Northeasterly along said curve through a central angle of 14039'39" a distance
of 233.25 feet to the beginning of a 2155.33 foot radius curve concave Southeasterly; thence
Northeasterly along said curve through a central angle of 04035'30" a distance of 172.73 feet; thence
North 28022'31" East 120.32 feet; thence North 26032'21" East 169.27 feet to the beginning of a
593.50 foot radius curve concave Westerly; thence Northerly along said curve through a central angle
of 33033'34" a distance of 347.62 feet to the beginning of a 1262.42 foot radius curve concave
Westerly; thence Northerly along said curve through a central angle of 07"09'41" a distance of 157.79
FO~ RV i.liB) (klVlSCO 4/96)
U92&xA-3:2a1.9-01-o2-no.1g.DOC ll/14/07 sa
7-27
feet to the beginning of a 36.88 foot radius reverse curve concave Southeasterly; thence
Northeasterly along said curve through a central angle of 90039'38" a distance of 58.35 feet; thence
non-tangent to said curve North 08018'56" West 45.88 feet; thence along a radial bearing North
08010'13"West 65.00 feet to a point on a 3700.00 foot radius curve concave Southeasterly, said point
being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of California
recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along said curve
and said State land through a central angle of 03048'57" a distance of 246.42 feet to the Southerly
terminus of that certain course in said State land bearing North 04021'16" West 95.92 feet.
Containing 0.25 acres more or less.
Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate
System of 1983, HPGN EPOCH 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.9999938 to obtain ground level distances. To convert U.S. survey feet to meters,
multiply distances by 0.30480061.
There shall be no abutter's rights, including rights of access appurtenant to the above-described
parcel of land in and to the adjacent State highway.
roaM RlI' 6-1{BllUV1SIW ./gEi)
lU2BX.A-J;201S.0).01-tlOaig,OCC 1l!U/07 sa
7-28
, cp r
EXHIBIT "A"
F
VISTA
ULA
ell
~
30
29
28
10032019-03-021
-----
SECTION 3
MAP 14432
SIR H
ROAD LOT
OT 10
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PARCEL 3
PM 18 81
KEY MAP
ThiS map has been prepared by me,
or under my direct lon, In conformonce
with the Profession I Lond urveyors' Act.
STATE OF CALIFORNIA
DEPARTMENT OF TRA.N8PORTATION
DISTRICT 11
~
~m
No. LS
* Exp.
Signature
DIRECTOR'S DEED MAP
0032019-03-02
RIG~:"O~OWAY Por. 52015m
COUNTY ROUTE Kl.OU(T[R POST SCAlE
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SHEET 1 OF :s
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EXHIBIT "8"
STATE OF CALIFORNIA
DEPARTMeHT OF TRAN8PORTATION
DISTRICT 11
DIRECTOR'S DEED MAP
0032019-03 - 02
POI. 52015m
RIGHT OF WAY
MAP NO.
COUNTY ROUTE
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MAP NO, 14432
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EXHIBIT "e"
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
DIRECTOR'S DEED MAP
0032019-03-02
Por. 52015m
RIGHt OF WAY
M.&P NO.
COUNTY ROUTE
SO 125
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