HomeMy WebLinkAbout2008/12/16 Item 8
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Memorandum
CITY OF
CHULA VISfA
Department of Planning and Building
DATE:
December 16, 2008
TO:
The Honorable Mayor and City Council Members
SUBJECT:
Scott Tulloch, Interim City Manager ~
Jill D. S. Maland, Deputy City Attom~~
Steve Power, Principal Planner 4 f
Revisions to Agenda Item NO.~: Otay Rock Quarry
VIA:
FROM:
The agenda statement, resolution, and agreements, regarding the referenced item have been revised
to show that the agreement the Council is being asked to approve was broken into two separate
agreements.
The title of Resolution 8B. originally read:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN INDEMNIFICATION AND RELINQUISHMENT OF RIGHTS
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND
RIMROCK, CA LLC
It has been revised to read:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN INDEMNIFICATION AGREEMENT BY AND BETWEEN THE
CITY OF CHULA VISTA AND RIMROCK CA LLC AND JAMES P. BALDWIN;
AND APPROVING A RELINQUISHMENT OF RIGHTS AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC, RR
QUARRYLLC, JAMES P. BALDWIN AND OTAY VALLEY QUARRY LLC
The documents in your binder have been amended to reflect the change, as follows:
1. The agenda statement and resolution have been revised to reflect the new title;
2. The original agreement was broken into two separate agreements, as reflected in the new
title.
The revised documents are attached to this memorandum. Please contact Steve Power at x5864 if
you have any questions regarding this matter.
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DETERMINATION BY THE
COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY QUARRY
OPERATION LOCATED AT THE EASTERN TERMINUS OF
MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY
NON-CONFORMING USE
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INDEMNIFICATION
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA
AND RIMROCK CA LLC AND JAMES P. BALDWIN; AND
APPROVING A RELINQUISHMENT OF RIGHTS AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA
LLC, RR QUARRY LLC, JAMES P. BALDWIN AND OTAY
V ALLEY QUARRY LLC
DIRECTOR OF PLANNING AND BUILDING~
CITY ATTORNE%
INTERIM CITY MANAGER ~
REVIEWED BY:
4/5THS VOTE:
YES
NO X
SUMMARY
Rimrock CA LLC and Otay Valley Quarry LLC (referred to collectively as "Rimrock) own and
operate the Otay Ranch Pit/Rock Mountain Mine located at the eastern terminus of Main Street. The
mine has been in operation since the 1940s and produces aggregate. The mine was originally
located within the jurisdiction of the County of San Diego, and was annexed into the City of Chula
Vista in 1997. In 1973 the County of San Diego approved a grading permit for mining operations on
the site. In 1977, the County renewed the grading permit allowing mining operations to continue at
the site indefinitely. At a public hearing in 1980, the County of San Diego formally determined that
the site of the Otay Quarry was a vested legally non-conforming mining operation. This
determination was made based upon the previously approved grading plan/permit(s) and
accompanying legal description for the site. The applicant is requesting that the Chula Vista City
Council affirm the previous determination by the County of San Diego that the site is a vested
legally non-conforming mining operation.
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Date, Item No.: (~
Meeting Date: 12/16/08
Page 2 of 4
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; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION Not applicable
ANALYSIS
Rimrock is requesting that the City Council affirm the County of San Diego's (County)
determination that it has a vested mining right to operate and expand its mining operations on
the area shown on Exhibit B (Vested Future Mining Area). On August IS, 1980, at a public
hearing, the County's Planning Commission approved a Reclamation Plan for the mining
operations. In its decision, the Planning Commission formally confirmed that the mining
operation was a legal nonconforming use (Attachment I).
The County has documented the status of Rimrock's mining operation as a legal non-conforming
use since October 19, 1973, with issuance of Grading Permit L6844. The Grading Permit did not
specify the property subject to excavation but referred to the legal description in the grading plan
(Grading Plan) to provide the legal description of the land under the Permit (Attachment
2/Grading Permit). The Grading Plan and Grading Permit were both designated by the County
as L6844 and both were approved on September 17, 1973.
In 1977, Grading Permit L6844 was transferred to the new owners of the mining operation. The
re-issued grading permit, dated August 24, 1977, stated that it was issued for a "nonconforming
special use" (Attachment 3/1977 Grading Permit). Once again, the 1977 Grading Permit referred
to the Grading Plan to provide the legal description of the land under the 1977 Permit. In
addition, the County required that new security be posted for the Grading Permit. The new
instrument of credit that was provided for the 1977 grading permit covered the same legally
described land on the Grading Plan (Attachment 4). The 1973 and 1977 Grading Permit
included the property shown on Exhibit B as the Vested Future Mining Area, along with a much
larger area.
The California Surface Mining and Reclamation Act of 1976 (SMARA), provides that a vested
right may be acquired for a mining operation if either a permit or other authorization was
required for such activity and it was obtained prior to January I, 1976; or if mining was
conducted without a permit, it was pursuant to an existing legal nonconforming use as of January
I, 1976. (CA. Pub. Res. Section 2776.) Rimrock contends that they have a vested right to mine
under SMARA by the 1973 Grading Permit issued by the County and because Rimrock
o n
J:\Planning\SteveXP\citycouncil agenda statement vested rights 12 08!1na1.doc 0"" oJ.~
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Date, Item No.: 6
Meeting Date: 12/16/08
Page 3 of 4
commenced mmmg operations in or around 1948; as evidenced by the County's 1980
determination that it has a vested mining operation.
Rimrock is now requesting that the City Council affirm the County's determination that they
have a vested right to conduct surface mining operations for only the area identified as the
Vested Future Mining Area, even though it appears that the County's 1980 determination may
have pertained to a much larger area. Rimrock has agreed that the City Council's affirmation
would apply only to the Vested Future Mining Area and not to any other property. Rimrock has
agreed to relinquish any and all vested rights, it may have to operate and expand its mining
operations on any property other than that area shown as the Vested Future Mining Area. The
City's affirmation would acknowledge the County's finding that the mining operation is a legally
non-conforming use. No additional City conditional use permit would be required to conduct
surface mining operations within the Vested Future Mining Area. However, the mining
operation will be controlled by Covenants that have been recorded against its land (Attachment
5). The Covenants cannot be amended or removed without the approval ofthe City. In addition,
the City has the right to enforce any violation of the Covenants.
Although the City may affirm that Rimrock's mining operation is a legal nonconforming activity,
Rimrock would still be subject to state and federal laws and regulations, as well as other
applicable City Municipal Code provisions. This would include complying with the Endangered
Species Act since a small portion of its land within the Vested Future Mining Area is currently
designated as preserve land under the City's MSCP Subarea Plan. Rimrock is currently
negotiating with the Wildlife Agencies to trade other biologically equivalent land for a small
portion of property located within the Vested Future Mining Area. Rimrock will have to apply
to the City for an MSCP boundary adjustment, as provided for in the City's MSCP Subarea
Plan, to complete this process. If Rimrock were unsuccessful in receiving an MSCP boundary
adjustment from the City then it would be precluded from conducting mining operations on any
land that is designated as preserve. In addition, Rimrock will need to provide a revised
Reclamation Plan for the City's approval.
The City's ability to regulate the mining operations will be limited once the City has recognized
the operations as a legal nonconforming use. The Covenants that have been recorded against
Rimrock's land provide enforceable operating parameters for the mining activities. Rimrock has
agreed to indemnify and defend the City should there be any legal challenges concerning this
affirmation or its mining operations within the Vested Future Mining Area.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMPACT
There will be no net fiscal impact to the General Fund from this action. All costs associated with
processing this request have been paid by the applicant.
.J:\Planning\StcveXP\citycouncil agenda statement vested rights 12 08final.doc g - 3
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Date, Item No.: 6
Meeting Date: 12/16/08
Page 4 of 4
ATTACHMENTS
1. August 15, 1980 County of San Diego Planning Commission Decision
2. 1973 County of San Diego Grading Permit
3. 1977 County of San Diego Grading Permit
4. Instrument of Credit for Grading, dated July 6, 1977
5. Covenants recorded by Rimrock
EXHIBITS
A. Limits of 1973 Grading Permit
B. Vested Future Mining Area
C. Legal Description of Vested Future Mining Area
Prepared by: Steve Power, Alep Principal Planner, Planning & Building Dept.
J:\Planning\Stl.:vcXP\citycouncil agenda statement vested rights 12 08finaLdoc g ..., ~
Attachment 1 - August 15, 1980 County of San Diego Planning Commission Decision
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SAN
[1 I EGO
C 0 U ;, T Y
PLAXNI1\(;
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----------
9l5(J Chesapeake Drive
San Diego, eft." :>2123
AuzUst 15, 1980'
Decision of the Cornr.:ission
~l the Application of Nclson-Slo~'
Application ;;U1"uer RP79-09
GRflNT, as per revised reclamation plan; pursuant to Section 37.701-714 et. seq. of
the' County Code and attached "pplicatioll and in compliance with the State Surface
I.jining and Rec1anation Act of 1975 for a vested nonconforming mining operation.
_Th_e".p1..an.s.h.~1.L :reclaim. th.,..1.aJ1!!J<;>r :a;gr.i:-~Ar~.~~e_.:rn=Eoii~ :P1'i<sfs-TPnase"Torthe 5
Phases of the original applieation is not herein granted). . _
A. \';ithin 180 days of grantin;: of this Rec1a",ation Plan the applicant shall:
1. Submit a revised Reclamation Plan to the satisfaction of the Director of
Department of Planning and Land Use shDl,.ing:
a. Limits of evaluation.
b. Indicate Phase Four as ":;0 Extraction" (ERB Biology).
E. Within one year of the granting of this Reclamation Pl~, or.within 60 acidiLiona]
days if the Director of Pla~ning and Land Use determines the applicant is dili-
gently pursuing these conditions, the applicant shall:
1. Submit detailed and co~lete landscape plans to the Regulatory Planning
Division for the approval of the Director of Planning and Land Use. The
landscape plans shall specifically shO\~ the revegetation of newly created
slopes with existing native plant materials by mulclung brushed material
,vith the native topsoil of the site (ERB Biology).
2. Execute a 20. foot easement for a riding and hiking trail. The trail
will be located in Parcels 5, 6, 15, 16, 25, 26, 35, 36, and 45 of Dtay
Ranch Nap No. 862. The easement will begin at the northwesterly corner
of parcel 45 and continue along the existing utility road for the power
lines easterly through parcels 36, 35, 26, 25, 16, 15, and northeasterly
(across the Otay River) through parcels 6 and 5 to the easterly boundary
of the Otay Rallch to the satisfaction of Director, Department of Trans-
portation.
3. Execute a secured agreement to improve the. Riding and Hiking Trail Sys-
tem to the following design standards to the satisfaction of Director,
Department of Transportation,: .
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RP79-09
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a.
The trail shall contain a mlIllmum eight (8) feet of tread Iddth
wi th drainage structures as necessary..
b.
The trail. surface shall consist of the native sDil, or where the
'soil is highly erosive Dr will nDt support the traffic, ~ treaJ
surfacing material such as decDmposed granite I<hich will blend
with the natural environment shall be provided.
c.
Trail gradients shall not exceed 15L lihere natural grades exceed
15% sufficient width fDr SId tcl,hacks shall be prDvided tD accommD-
date a 15% gradient trail.
d.
Trails shall intersect TDads at approximately 900 angles.
e. The trail system shall be continuous through the property and shall
prDvide for .local access ~lithin the property.
f. Points where the trail exits tile property shall be cDDrdinated liith
existing Dr planned trail IDcatiDns on adjacent property.
g. Signs at trail entrances tD prDvide identification, rules and regu-
latiD:Js; anel r.arkers alon;:: the route to direct users.
4. Provide the Director Df Department of Planning and "Land Use a letter
frDm the Director, Department of Transportation stating"all Rid~lg and
Hiking Trail imprDvements have been completed to Department Df Transpor-
tation's satisfaction.
5. PrDvide a comprehensive evaluatiDn frDm the applicant's civil engineer
Idth appropriate nitigating measures for the follOldng issues:
a. Flood hydraulics anu fluvial analysis (erosion and sedimentation
study fDr the prDject site and adjacent properties).
b. Floodway and floDd plain bank stabilities.
6. PrDvide a floDd plain and floodl,-ay study..for the project from the appli-
cant's er.lgineer which shall reflect any changes in the, existing flood
. plain, floodwa)' lines. . The study shall be to the satisfaction Df the
Department of Sanitation and Flood Control.
7 Grant a flowage easement over any portion Df the property that is within
the floDuway.
8. CDmplete the fDlln'<ing procedures tD the satisfaction of Environmental
Analysis DivisiDn (ERE ArchaeDlo&y):
a. A qualified archaeologist will map each site individually and show
the following:
1) CDntDurs.
2) Natural features, i.e., rock outcrops, etc.
3) ~jan.made features, i.e., artifact concentration, milling, etc.
4) .Plot each site location on an aerial map of the project.
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1\P79-09
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b.
Artifacts on each site will be micromapped. photographed _ in place,
anQ collected fror.; the surface.
c.
Each site will be fully photographed (black and ~,hite. non-polaroid)
from four (4) directions.
d. Each site will be test excavated to determine what subsurface contell
if an'y ~ exists (sites having no depth of artifacts or midden deposit
way not require further-mitigation).
e. Preservation and/or salvage research designs Idll be presented to
EAD for approval for each site depending Oll whether it will be
destroyed or not.
1) Preservation Plans shall provide site protection by _ complete
avoidance and an D-,:>en Space Easement with a buffer area of
30 feet all around.
2) Salvage research designs will provide mitigation through
excavation and recovery of up to 20% of-each site area.
f. A full report of the above work, analyses and conclusions will be
prepared and five (5) copies ,-fill be submitted to EM_.
g. Provide a letter from the Enviro~~ental Analysis Division that
archaeological mitigation measures have been satisfied.
_ 9. nark ,dth posts the 15p feet l-dde zone west of the eastern aqueduct as
described in "Biology Report of llelson-Sloan. RP79-09, Log #79-19-49,"
to the satisfaction of Environmental Analysis Division Coordinator.
10. Heet all provisions of Section 87.701 through 87.714 of the County Code
including "Right of Entry" and security f.or its future restoration.
Said security shall be in the &uount of $20.000.00; however, in no event
shall the limitation on the amount of security required be construed as
a limitation on the liability of the permittees.
11. Submit to the satisfaction of the pirector of Planning and Land Use:
a. A statement the applicant accepts responsibility for reclaiming the
mined_lands in accordance with the Reclamation Plan.
b. The names and addresses of the OImers of all surface and mineral
interests of subject land.
C. 11ithin two years of the granting of this Reclamation Plan or within 60
additional days if the Director of Department of Planning and Land Use
determines the applicant is diligently pursuing these conditions. the
applicant shall:
Construct flood control improvements if necessary to the satisfaction
of Department of Sanitation and Flood Con~rol. and provide a letter
from the Director of Sanitation and Flood Control that all requirements
of this Department have been satisfied (ERB Flooding).
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RP 79-09
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D. The Following conditions cond1tions apply (ERB Biology):
1. Vegetation shall not be remover! from the area in Phase fOur (4) except as
required by written order of fire protection agency.
2. No mechanical invasion shall be allowed into the area of Coast Barrel
Cactus in the ISO foot wide zone west of the eastern aqueduct as
described in "Biology Report of Nelson-Sloan, RP79-09, Log #79-19-49
(Phase 5).
3. Only one phase shall be worked at a time.
4. Native cacti shall be salvaged for use in revegetation in portions of
Phase Five on an annual basis.
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Attachment 2 - 1973 County of San Diego Grading Permit
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CQUKTY OF SAN~Ie.GO ~
COUNTY O?.ER.&.TIOt..1;~ Gi;ENTER
PHONE 278-9200, EXT. ~2S or 537
%i2)Pt't '" :
'COUNTY ENGUiE!:R DEPARTMEHT
5555 OVERLANO AVE.. BLDG. 2
SAN DIEGO. CAUFD.RN~A92i23
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THIS FO!<MWHEH PROPERLY VALIDATED BY SI.GNATURE 1S.A PERM!T TODD THf:'WORK DeSCRIBeO. THE PERMIT IS VALID FOR A SIX.(6} MONTHS
peRIOD. ALL WORK AUTHORIZED MUST CONFORM TO CONDITIONS OUTLINED IN THE SAN DIEGO COUUTY EXCAVATION AHD "GRADING ORDINANCE
:.DIVISION 7, TtTLF 8. OF TH e SAN DIEGO COUNTY CODE. .
(FOR APPLICANT TO COMPLETi;l (FOR COUNTY USE ONL Yl
<JA.'T2:.:.__7:.. -3 REQU.esSTEo15T7A3RTING DATE~ FE~ AMOlJNT
I _ I - _-I PL.AN CHECK :) J:{. {:;;..
L.EGAL DESCRIPTION: (po,.. off..l~r No; Map No; cn:.' 'h:fl1" G.t:;
See Gra.d~nq .t:"l~, . .' . A.,.~~~';;Tf iNS'. ..... ,n. .:;--
SITE AOORES", 6 lIl~les e<l,st of Interstate l~jtTRUcT' PLAN CHECK
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~ERMIT"Ee:: i(J1rf~..jk-Y7~'1Jttt? PAOr-lE:' ~~:l.-:tt!." I.:.TRUCT. INSPECTION
:::.;-~~. . ....p, T=' ~~n_!:L.. .
- NEWAL.
ACORESS )00'1 S '!J.11fi7Z: _, -, l' f ..
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PLANS BY: . pHONE:
11ark E. Darroucrh 729-S957..
AOORESS l'b - 1 . f .
p. O. Box 845 Car s aa, Ca ~ orn~a' -
'PROPOSED use: OF GRADED SI;re:' ': ,! .. . 1. -, " ;: I
I~1inincr of lar-;;e rTuarrv stone '._~~}1 ~;T~,:~.P:.7~.s-r:~. r.........
GRADING BY: PHONE: ;/1 .'.:0: . iSPE.CI~L~,~~.$ PE~f!'"l:r...NO.
SilberberNer Constructors. Inc. 729-89 7 ~LOG:PE;;':'i~N~rfll!(1:J
A~..R8S: Box 845r 'carlsba!i, California \ir~.M;"N~'1 ",-.
cor.t...,'CTED FILL: OTHER AGENCY
NO 8A SOILS REPORT MAY BE REQUIRED FOR ^ Bt.DG. PERMIT" (lOENTIFY)
yes A. COMPACTION REPORT rs REQlJIREiJ. ~"'H(J.~a.."i /. I i~. ,: r.): !t~! r;~','I,f:.l"."1
.SOILS ENGR: PHO,",E:_7-:- -';'Tr;'-.~- -
, Southern Calif. Testin'" Laboratorv'~i;' ", ::- ;.1j.ii:~"'~'."''''''''
. c:.IJPr:-RV;S'EO GRADING" (lAusr be su~rYisecl if ov.r 5,000 C.Y.) '.
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:SU'PER',(ISli>I.G ENGIN.EER: PHONE:
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ADDRESS
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GRAD! NG PERMIT
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OATE REC'O
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COST EsTIMATE . ..J
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CASH DEPOSIT
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7/v/77
PERMIT NO.
SPECIAL. CONOITIOI.cs-W'HICH ARr;: MADE A PART OF THIS PERMIT
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IMPORTI
WASTE
'CUBIC YARDS ON SITE
'CUT FILL
500,000 cyl
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I HEREBY ACKNOWLEDGE THAT I HAVE READ THE APPLICATION ~NO "
.STATE THAT THE INFORMATION I HAVE PROVIDEC IS CORRECT AND:._ iff,iled to Area: ----.
AGREE TO CO;.tPLY WITH ALL COUNTY ORDINANCES AND STATE LAWS:>, ~ . -.rJ' - &-~
REGUl.ATIMG EXCAVATIN.G AND GRADING, A.ND THE PROVISIONS AND'. "'r-' D G No. J-'!!!!. ~'1-0---
CONOITIONS OF ANY PERIAIT ISSUEO PURSUANT YO THIS APPLlCATlO!;,'" OG-{:-le9.1D73 . .u. .. .
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SrGNATURE OF PERM1TTEE:.:;. I' . i ~. .
OR AU,HORIZED AGENT;' / i.. /.r/; ,.-,J .. "u;."...z:..,
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INSPECTION
'DATE
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. Cor.\p;:leli>:>n Roport Rcc'd
Finol c",tific:ot:o..,
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PERMIT VALIDATION .
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Attachment 3 - 1977 County of San Diego Grading Permit
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COUNTY OF SAN DIEGO
COUNTY OPERATIONS I!:ENTER ;.
PHONE 278-9200, EXT. 528 or 537
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COUNTY ENGINEER DEPARTMENT.
5555 bVeRUNO AVE.. BLDG. 2 .
SAN DIEGO, CAlIF~NIA 92123
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GRAD! NG PERMIT
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. ,HIS FORM WHEN PROPERLV. VAI,!D~,eil'BY SIGNAOURE IS A PERMIO TO DO THE WORK.DESCRI6EO. THE PERMIT IS VALID FOR A (12) MONTHS
~ERIOD. ALL WORK AUTHORIZED MUST CONFORM TO CONDITIONS OUTL.INED IN THE SAN DIEGO COUNTY EXCAVATION AND GRADING ORDINANCE,
DIVI~IOH 7. TITLE 8. OF THE SAN DIEGO COUNTY COD:E. .
(FOR APPLICANT TO COMPLE'J'E)
EESEPS. 0
FEES
PL.,(N CHECK
(FOR COUNTY USE ONLY
AMOU NT
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DATE RECtO
'7-/7-73
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PERMIT
STRUCT. PLAN-"CHEC!<
COST ESTlMA TE (' ~ . ).
BOND . \ ~ ,~.
C.A.SH DE'POS!'T
;10 O/)()~
OTHER PERMITS
SPECIAL USE PERMIT NO.
BLDG. PERMIT NO.
. T. M. NO.
OTHER AGENCY
{I0ENT.IF-Y}
PERMIT NO.
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S?ECIAL CONDITIONS WHICH ARE M.ADE A PART OF THIS PERMIT.
PHONE:
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7E
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FEE
QUANTITY
IMPORTI
WASTE
CUSIC YAROS ON SITE
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NON CoNF(JteM/A/? 5:f>EC///I... . 5G'
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I HEREBY ACKNOWLEDGE THAT I HAVE READ THE A.PPLICATION AND
STATE THAT THE INFORMATION I HAVE PROVIDED,IS CORRECT AND
AGREE TO.COMPLY WITH AlLCOUHTY .ORDINANCES AND STATE LAWS
REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND
CONDITIONS OF ANY. PERMIT ISSUED PURSU~NT TO THIS APPLlCATtON.
INSPECTION
4e-
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SIGNATURE OF PERMITTEE
OR AUTHORIZED AGENT
OATiE"
'NSPEC.TOR
P'" App,.,.1 0.;.T'S! - /1- /97:1
::RMI~.~ D.~, t5~~'f~77
~.nrdt Expiration Dol.. ?
Ii I/IJl3
Rou9h Grodil"lV
Cornpoctlon Report Rsc'd
Finol C.rtiFicatillfl
Colftplttt~d.
PERMIT NO.
Ori..inGI _ Fil.
Copy _ Perm in..
L6844
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cc: CCII1stfuction, Cashle', Building In.pec!I~.
SUp"rvislng EnginMt
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Attachment 4 - Instrument of Credit for Grading, dated July 6, 1977
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INSTr(UHENT OF CREOI'f .
' For Grading
Pursuant to Section 87.2DS(b)
of the San Diego County Code
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InfEREAS,
UNITED ENTERPRISES. INC. ,
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1007 Fifth Avenue,
(Permittee)
San Diego, Calif. 92101
S.D.
_ - ~ - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - )1 has
filed (> , l<~th the County Engineer of Sun Diego County an application
for a p~rlOit to perform ex:cavatl.on or fill 'work, or -both, within the unincorporated area
of the County of San Diego, more specifically described in the application for the grad-
ing permit, upon real property mroed'by said permittee J..-nm-m as Lots and portions of lots
numbered 32. 33. 34, 35, 36. 37. 38, 39 ,& 42, 43, 44 and 45 of the Otay Rancho in the Co. 0
in ac"ordance ldth the provisions of the San Diego County Code; and,
,liHEREAS, WELLS ;~GO BANK, N..B.A. - \ 8DO ,310(\, ?'~~Q'''-;- ,..:,,-,
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. .hereinafter referred to as financial institution, is a financial institution subject to
regulation by the state or federal'gov'ernment and said fi"ancial institution by this
instrument of credit pledges that the funds specified herein are on deposit in a trust
fund and said funds are ,gt!aranteed fO~ payntent~ NOl~ ~FORE" , " ',' __ ' . ," ", '
IT IS AGREED by and beitl.een' the permithee and the financial':institutiDll;' in order
to' gi\1c assurance to the County, of San Diego that 'said grailingl#ll~ b.e completed in
, compliance with the requirements of Division 7 of Title 8 of the San Diego County Code,
in compliance -with all terms and conditions of the grading permit, and within the time
limit specified in said grading permit; that said financial institution has on deposit
the, sum of $ 20.000.00 > which shall be paid out only as hereinafter provided.
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The trust fund shall Dot be terminated by reason of the death, dissolution, in-
solvency, or bankruptcy of the permittee and/or the financial institution issuing this
instrument of credit. The trust fund shall not be terminated and/or cancelled by ,
reason of the subsequent annexation and/or incrrfPoration of any or all, of the real pro-
perty into a city or other public entity., I! ' , '"
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The finand'll. institution agrees to hold tne money hereinabove pledged to have been
deposited'in the t..-ust find, and to make payment from the trust, fund .only as follDl's:
1. In the event that the financial institution receives notice from the
County Engineer 0": the Board of Supervisors 'of the County of San Diego'
that the grading has not been completed in compliance with the require- "
ments of Division 7 of Title 8 af the Sa'n Diego County Code and the terms
and conditions of the. grading permit or that the grading has not been ',,, ,-
'completed within the time limit specified'in said permit, together with
a demand 'for paymen,t of the money held in the trust :(~nd> or any portion
thereof, the financial ilrstitution s,ha11 pay the amount demanded to'the
County of San Diego, and pay the re~ining balance" if any, to the per-
mittee. '
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2.
In the event that' the financial institution receives notice from the
County Bngineer' or the Board of Supervisors of the County of San Die"o
. 0
that the grading has been completed in compliance ldth the requirements
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of Division 7 of Title 8 of the San Diego County Code and the terms
ilnd conditions of the grading permit and has been' completed within the
time limit specified :i,n the grading permit, together with. a request
for release of the trust fun~, the financial institution shall pay
the entire amount of the trust fund to the permittee. .
authorized and' directed to issue this instn;,"e~t o'f credit to the County of,,:
the effect that the undersigned financial institution holds the aforesaid .
irrcvoc'able t;ust fund for the aforesaid purposes.. .'
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San Diego to
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Accepted:
Dated:
JulY' 6, 1977
COUNTY OF SAN' DIEGO
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'R. .J. '.MASSMAN .
County Engineer
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Acknmdedgments or e"ecuillon of the per1i1ittee
and financial institution lI\ust be attached.
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'. STATE OF CHIFORNIA
COUNTY OF pAN DI)!;GO
On~ 6. 1 <)77 b,r." m,.
the unllcr!:ien("d. II ~ofart. l"uhlic i.n and for ~aid County and StOltc'.
d Robert Newell .
l,er~ni1n)" apj"IeaTC -
known 10 me to he du~._-=-_rre!'-ident. and
Ro:=::e B. Patek-_ ". known 10 me !o b~.
..Ass.t ,-Tr:ea..5lSrailJ'arJ of the l"orporarioll thai euC"ull"d the
within In:<trtJrnent. known to m.e: to be thc rc.rsons ....h? exet"ulf'd the
within In!:trumenE on hf'half of the ,.orpor:llon Ihercln named.. a,!d
:'It'"l::nowlf'd~rd to me Ihill suC'h ('orporatlon e~eculed. the within
inl'trumC:l\t pursuanr ro its by.ll1wS or a resolul1on of Its board of
direclors.
Sij;nahm:
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Nancy C. Jones
~a;lf' fTyp,.d or rrint('dl
Ntllu'f Public: in and ror $aid Count)' and Slale
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Permittee Asst. 'Treas.
(STATE R FEDER.>\L REGULATED FINANCIAL INSTI';'
'. TUTION)
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FOR NOTARY SEAt.: OR STAMP
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san Die:;o 6$0 OFFICE San Diel;o CALIFORNIA..
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United Ente~ises, Inc. * *= '* * * * * * * if * .:f' * * * * * HAS DEPOSITED IN THIS BANK
Twenty th~s'ahd'-
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DOLLA~S $ 20,000.00
"..~ TO THE ORDER Of f!nlln+.y t\f" ~.Qn ni p!.:n UPON PRESENTATION AND SURRENDER of THIS CERTIFIcATE
;I: _ ,A;,tD QO n,qr AfTER CATE. IF PRESENTMENT IS NOT MADE WITHIN TEN 110) DAY~ AFTER DATE OR ANY SUBSEOUEN'
.e,,-y DATE. THE MATURITY OF THIS CERTIACATE SHALL AUTOMATICALLY BE RENEWED FOR SUCCESSIVE PERIODS OF 90 ~~r
. :dl COMPUTED Ol'i A 365 DAY BASIS FROM DATE SHALl. BE PAID 1:.:,:rt~~~,. AT THE RATE OF. ".~O PERCENT PER Ar.NU
., :':,," TO THE DEPOSITOR. THIS BANK RESERVES THE RIGHT TO REDEEM THIS CERTIFICATE ON THE ORIGINAL OR 'ANY SUBSEQUENT MAllJR
. ~ .i>'qN AT LEAST THIRlY (30) DAYS WR":EN NOTJCE ~O THE OWNER OF RECORD PRIOR T HE BEGINNING OF SUCH EXTENSION OF MATURm'
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.'."CATE OF DEPOSIT - WITH AUTOMATIC
. ...; suBJECT TO CHECK RENEWAL PROVISION
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DEPOSITOR:
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-n""'" CERTIFICATE NUMBER:
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AGREEMENT FOR
TIME CERTIFICATE OF DEPOSIT - PAYABLE TO: (!rmn+;y.....f San :9i.-:..~v
To: VVELLS FARGO BANK.N..A. "on J;l<o;r 6>0 .Olf;co I
In con,;derat;on of your ""dn, to the unde..;,ned your Ti"'" en"m.". of Depo,;' ;.n the amount of $?O, rv:n1
C011T'1t;y n"f ~a.n niero . I!we. JOintly and severallv, agree. i
payable to -- "..,... f" :
1. That said Certificate shall mature ~d8VS after date 0 Issu.ance. . I
2. That., If not redee.med within .10 days-,dter maturitY. the dua date shall be automatically extended for
like successive periods: , ' .. - r' . -. ed by It
3. Th t said Certificate and this agreement shall be subject to any c;OndltlOOS or Imitations Impel is
. pr~enl and future laws, rules and n:g~[ations- applicable thereto;
4. That said Cerrlfica.te shall. bear rl1teres~ at ~he r~e.; ~e ~~k ~~~:n;..~~~r~~b~::e~;e~~y r:~~~
::~~n:~~h{o::~~~o~i~I~~~~u';~~tic~.~f ~~~ to the 8,.;tent necessary to comply with any law, rule, or
regulatiDn appli<:able to said Certifi.:ate:d; ~ d I 30 d
50 That this agreement may be terminated upoa the bank ing to the ?W~ recor. at east ayl
priDr to ~ny maturity or extended maturity, writte" .. of ch termln3
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Corp or-ate Resolution Dated: see
Date:
Amount:
Opened by:
Date Closed:
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PAYABLE TO
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TIME CERTIFICATE OF DEPOSIT
CQ1mt7 e:f SaR me""o
Zip Code:
Reason:
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Attachment 5- Covenants Recorded by Rimrock
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RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAlL TO:
CITY OF CHULA VISTA
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON DEC 16. 2008
DOCUMENT NUMBER 2008-0639472
GREGORY J. SMITH. COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
TIME 3:04 PM
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
DECLARATION OF COVENANTS OF OPERATION
This Declaration of Covenants of Operation of the Otay Ranch PitIRock Mountain Mine
("Declaration") is made this Lt'I day of ~008, by Rimrock CA LLC, a Delaware limited liability
company, RR Quarry LLC, a Delaware limited liability company and Otay Valley Quarry LLC, a
Delaware limited liability company (collectively "Declarant"),
RECITALS
A. Declarant (also referred to herein as "Rimrock" or "Mining Operator") owns the real
property located in the City of Chula Vista ("City"), County of San Diego, State of California, which is
more particularly described on Exhibit A (referred to herein as the "Property" or "Vested Future Mining
Area"), and is primarily located within a master planned community commonly known as the Otay Ranch
Proj ect.
B. Declarant owns and operates the Otay Ranch PitIRock Mountain Mine located at the
eastern terminus of Main Street, within the City.
C. Declarant conducts mining operations including excavation, materials processing storage
and hauling (all such activities are herein described as "Mining Operations") within the Property.
D. Land located in proximity to the Property is designated within the City's General Plan for
open space, recreation, residential and commercial uses.
E. Declarant desires to establish covenants, conditions and restrictions upon the Property .
and each and every portion thereof, which will constitute a standard of operations on the Property and for
the use and enjoyment thereof, and for the purpose of enhancing and protecting the value, desirability and
enjoyment of the Property.
NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Property is,
and shall be, held, conveyed, encumbered, hypothecated, leased, rented, used, occupied and improved
subject to the following limitations, covenants, conditions, and restrictions which are hereby declared and
agreed to be in furtherance of the improvement, use, protection, maintenance and sale of all of the
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Property and all of which are declared and agreed to be for the purpose of enhancing, maintaining and
protecting the value and attractiveness of the Property and every part thereof. All of the limitations,
covenants, conditions, and restrictions, shall run with the land and shall be binding upon an inure to the
benefit of all parties having or acquiring any right, title, or interest in the Property or any part thereof, and
shall be binding on and inure to the benefit of each successor-in-interest of such parties. Rimrock hereby
declares that all of the Property described on Exhibit "A' shall be subject to this Declaration and has
recorded the Declaration against the Property.
Notwithstanding the foregoing, this Declaration is not deemed effective and shall not have created any
binding covenants, conditions or restrictions unless and until such time as the City has affirmed the vested
future mining rights of the Otay Ranch Pit/Rock Mountain Mine within the boundaries of the Property.
In the event, the City fails within thirty (30) days following recordation of this Declaration, to affirm the
vested future mining rights of the Otay Ranch Pit/Rock Mountain Mine within the boundaries of the
Property, or the City's affirmation is for whatever reason nullified or overturned such that Declarant is
found to have no vested future mining right, City shall, if requested by Declarant, immediately execute
any and all documents reasonably requested by the Declarant to remove this Declaration as a matter of
title for the Property. In such circumstance, the Declaration shall be considered null and void.
COVENANTS OF OPERATION
AIR Ol'ALITY
1. The Mining Operator shall implement best management practices to reduce the amount of
fugitive dust generated from the Mining Operations, including but not limited to the following measures:
a. Multiple applications of water during grading between dozer/scraper passes.
b. Watering or chemical stabilization of unpaved internal roadways after completion of grading.
c. Use of sweepers or water trucks to remove "lrack-out" at any point of public street access.
d. Termination of grading if winds exceed 25 mph.
e. Stabilization of dirt storage piles by chemical binders, tarps, fencing, or other erosion control
measures.
f. Stock piles of crushed rock shall be kept moist, or watered before being loaded into haullrucks.
g. The unpaved haul roads shall be watered at one hour intervals, unless the road appears visibly
wet.
h. Maximum speed of all vehicles on the haul roads shall be 15 miles per hour. Speed sign shall
be posted.
i. Material processing equipment shall be operated in accordance with all conditions listed in the
permit to operate the Mining Operation issued by the San Diego Air Pollution Control District.
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NOISE
2. Upon issuance of the building permit for the first residential development within 1,500 feet of an
active Mining Operation or rock crushing activity, a noise mitigation plan shall be completed that
identities any mitigation or modifications to operations as may be needed to limit noise levels in order to
be in compliance with the City's Municipal Code standards (19.86.030). A letter, verifying compliance
with this standard shall be prepared by a qualified acoustician and sent to the City's Director of Planning
and Building for review and approval prior to the occupancy of the first residential unit.
3. Once the first residence is occupied within 1,500 feet from the outer perimeter of an active
Mining Operation, Mine Operators (including mining and processmg plant operations) shall confirm that
nOlse levels are in compliance with the noise standards set forth in the City's Municipal Code
(19.68.030).
4. An exception to any hours of operation restriction may be made when an emergency exists for
federal, state or local governmental contracts. Emergency extensions are limited and shall require review
and approval by the City's Director of Planning and Building. Any restrictions to hours of operation
would not include real emergencies (natural disasters) as defined in California Environmental Quality
Act. which require these uses to operate beyond the specific hours of operation.
5. Mine equipment maintenance can occur 24 hours per day, as long as such activity IS In
compliance with the noise standards set forth in the City's Municipal Code (19.68.030).
OPERATIONS
6. All storage, service and repair areas shall be located on the site so that they are not visible, or
shall be screened from adjacent development or designated circulation element roadways.
7. On road truck hauling shall be permissible 24 hours per day on designated truck routes.
8. The Property shall be maintained at all times in a neat, manner free of all junk, litter and debris.
9. All private outdoor lighting shall be shaded and adjusted to fall on the same premises where such
lights are located and in accordance with the applicable regulations of the City's Municipal Code.
10. All operations shall be maintained in a safe and sanitary condition. In case of damage to public
Improvements of the City caused by these operations, the Mining Operator shall immediately repair the
same or reimburse the City for doing so. Such damages shall be at the full cost, risk and responsibility of
the Declarant and successors in interest.
11. The Mining Operator shall establish and maintain for its Mining Operations a minimum setback
of 100 feet from the adjoining easterly property line.
12. The Mining Operator shall provide an acceptable financial assurance mechanism consistent with
CalIlornia State Law.
13. The Mining Operator shall install fences and provide warning/trespass signs along the active
Mining Operations to comply with the applicable City Municipal Code. All perimeter fencing shall be
retained until post-reclamation development of the Mining Operation site occurs.
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14, Blasting shall be limited to the hours between 10 a.m. and 4 p.m. Blasting is only allowed after 4
p,m. if required for emergency safety purposes. If blasting is required after 4 p.m., the Mining Operator
shall notify the City.
15. The Mining Operator shall retain a qualified blasting specialist to develop a site specific blasting
pro&'Tam report to assess, control, and monitor noise and ground vibration from blasting, for any
residences located within 1,000 feet of the mining operation.
16. The Mine Operator shall provide public notification of blasting schedule for residents within
1,000 feet of blasting. The Mine Operator shall give a monthly blasting schedule in writing to residences
within 1,000 feet of potential blast locations. The notice shall disclose the anticipated blasting schedule
and provide a contact phone number for the blasting contractor. Unscheduled changes to the blasting
schedule will require the blasting schedule to be reissued no less than (24) hours prior to the blasting.
GEOLOGY/SOILS
17. Should any areas experience sloughing, slumping or other slope failure beyond the planned limits
of mming, which failure is determined by the City to have been caused by mining activities, those areas
shall be remediated in accordance with design parameters approved by the City. Construction, inspection
and testing of those areas shall be performed by a geotechnical or civil engineer to verify compliance with
the applicable design specifications and shall be paid for by the Mining Operator.
18. The Mining Operator shall implement the Best Management Practices as set forth in the
applicable Storm Water Pollution Prevention Plan, including but not limited to the following:
a, Vegetation removal shall not precede mining by more than 12 months.
b. Straw mulch shall be spread over revegetation areas after seeding/planting.
c. Silt fencing shall be installed near the toe of any fill slopes with exposed (unvegetated) soil.
d. Contour furrows (shallow ditches) shall be constructed or straw wattles (rice straw wrapped
in tubular plastic netting) shall be placed along contour on final graded fill slopes to minimize
runoff velocity and catch seeds transported in runoff.
CI!L TURALlP ALENTOLOGICAL RESOURCES
19. In the event that paleontological resources are discovered during land alteratIOn activities, the
mming crew shall immediately cease work in the vicinity ofthe find. A qualified paleontologist approved
by the City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in
accordance with local and Society of Vertebrate Paleontology guidelines.
20. Should any cultural resources, such as structural features, unusual amounts of bone or shell,
al1lfacts, human remains, or architectural remains be encountered during any mining activities, mining
around the discovery shall be suspended and the City notified. A qualified archaeologist approved by the
City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in accordance
with City of Chula Vista protocol.
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GENERAL
21. To the extent any provision of this Declaration contlicts with the provisions of any permits or
approvals, from any state, federal, or county agency, including any Reclamation Plan approved by the
City, the more restrictive provisions shall control unless prohibited by law. Notwithstanding any other
provision herem, the Mining Operations shall be subject to and comply with all applicable State and
Federal laws and regulations, as well as, other applicable City Municipal Code Sections pursuant to its
police powers.
22. The consent of the City shall be required for any amendment to this Declaration or any provision
thereof. 1n the event an amendment is requested, the City shall submit the request to the City Manager for
decision. The City Manager shall approve or disapprove any proposed amendment within thirty (30) days
of submittal of such amendment to the City Manager.
23. The City shall have the right, but not the obligation, to enforce by any proceedings at law or in
equity, all restrictions, conditions, or covenants now or hereafter imposed by this Declaration or any
amendment thereto, including the right to prevent the violation of such restrictions, conditions, or
covenants, and the right to recover damages and attorney fees, for such violation. Failure of the City to
enforce any covenants, or restrictions herein contained shall in no event deemed a waiver of the right to
do so thereafter.
MSCP CONSISTENCY
24. Immediately upon approval of any reclamation plan andlor reclamation plan amendment,
Declarant shall satisfy the same preserve conveyance requirements for developable lands as set forth in
the Otay Ranch Resource Management Plan Phase I and 2 ("RMP") for all areas within the reclamation
plan boundaries as shown conceptually on Exhibit "B," excluding those areas within the Amended
Reclamation Plan Boundary as approved November 3, 2005. Declarant, its successors or assigns, shall
convey land within the RMP Preserve in accordance with the provisions of the RMP at a ratio of 1.188
acres of preserve land for every acre of land within the Reclamation Plan as described above. To the
extent that Declarant or its successors or assigns, obtains future land use approval to develop all or any
portion of the land within an approved reclamation planes) with land uses that would otherwise trIgger an
RMP preserve conveyance obligation, the preserve lands already conveyed pursuant to this obligation
shall be deemed a credit toward such conveyance obligation or may be used to meet the conveyance
nbligation for any other project within Otay Ranch. It is specifically understood that the existing
bnundaries of the November 3, 2005 Amended Reclamation Plan Boundary (referred to herein as "rock
quarry") which were not included in the Otay Ranch General Development Plan, are not subject to the
RMP conveyance obligation described above, provided however, should said rock quanry have a change
in its current vested nonconforming use (the use as of the date of this Declaration) that change in use shall
comply WIth all applicable City policies, requirements and provisions. Notwithstanding anything stated
herem, Declarant agrees to comply with all provisions related to restoration of preserve lands within the
Nnvcmber 3, 2005 Amended Reclamation Plan Boundary.
25. Declarant, regardless of any rights it may have, shall not conduct any mining activities
whatsoever on land within the Vesled Future Mining Area that is designated as Multiple Species
Conservation Program (MSCP) 100% Conservation areas ("Preserve") as shown on Exhibit "C".
Declarant agrees that said land shall be governed by the City's Subarea Plan and shall apply for and
receive approval of a preserve boundary adjustment in accordance with the City's MSCP Subarea Plan
prior to any mining activity being conducted within the 100% Conservation areas ("Preserve"). Once said
land has received a boundary line adjustment, then the mining activity may proceed in accordance with an
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ap:)f()vsd lZeciarnatiOl: Plar, D('cbr~m: agrees thai It shali tah' responsihili!y for a breach. If any, to the
Ci~y's 11llpicmcnt31ior: Agreement Qr the MSCP Subarea PIa!"] that results from its activities This
prcwisi:m shall no: 3ppiy to <:my Preserve land !bat is. aiready included within tbe approved Novemher 3,
2[){J:' Arn(;llucd Reciama~lon Plan BOU!ldary_ Immediately Up,:}]1 3pfJrnval of the ,'\.mended
Ecc.jmnmloll Plar,. Dciara:lt shall illS'_lI!: (;Jl(; m<limair: bj(\-f;-Jllcin~ 8wund tb~ pCri1llelCr of th,:s= preserve
~lr::;ClS, a:;; showL ()I", Exhibi1 "C", Lii11il su:h ti:nt' as (1 houndary line adjustmcnlls appmvecL
2(), fUvlP Cnl1Sist::'>llCY: Dcc18rJll', shall f~djy c'-)lllr~Y \\-itii all opplicablc i)fovi:.;.;ion:;, of 111'.;: f~ivlP, ~lS
Il1<: ~l:: am::.:ndcc fron: tlrllC ID Inm.:
!vlSC'P Consistcnc) iE ~hc CVClJt theE DecJarar;1 uses the Cay's take 8u1.horiza~i~H: pursm:!lt to the
('it) c,fChu);! Visu~'s !\i1SCP Sllh:ire~i Pian, Deciara!lt shall fuily CDPlpJy VI,'itl', al~ 2.p;Jlicab]c :1rovisloTls of
~hc Iv1SCP. uS m,-~:' he ameJ1(.i~d 1'nl];__: link' [C time.
p\ \.\'L'\,ESS 'NHEREOF. Dsclarant ha5 (~xcculcd this ~nslrument as of tbe cia", and y-ear first herein
ab(I\':;" \.\Tlll(.~n,
By:
RR Ql1arr~. LLC.
A Delaware Limited Liabilit), COlnpan)'
By: JJJ&K Management. Inc..
/\ Delaware Corpora~ior:
lts Managing Member
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approved Reclamation Plan. Declarant agrees that it shall take responsibihty for a breach, if any, to the
City's Implementation Agreement or the MSCP Subarea Plan that results from its activities. This
provision shall not apply to any Preserve land that is already included within the approved November 3,
2005 Amended Reclamation Plan Boundary. Immediately upon approval of the Amended
Reclamation Plan, Declarant shall install and maintain bio-fencing around the perimeter of these preserve
areas. as shown on Exhibit "C", until such time as a boundary line adjustment is approved.
26. RMP Consistency: Declarant shall fully comply with all apphcable provisions of the RMP, as
may be amended from time to time.
27. MSCP Consistency. In the event that Declarant uses the City's take authorization pursuant to the
City of Chula Vista's MSCP Subarea Plan, Declarant shall fully comply with all applicable provisions of
the MSCP, as may be amended from time to time.
IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first herein
above written.
DECLARANT:
Otay Valley Quarry, LLC
A Delaware Limited Liabihty Company
By:
Rimrock CA, LLC
ADelaW~Ompany
By:
RR Quarry, LLC,
A Delaware Limited Liabihty Company
By: JJJ&K Management, Inc.,
A Delaware co~
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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personally appeared '
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who proved to me on the basis of ~tlsfactory evidence to
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cSth1n Instriment and ack'nowl ged 10 me that
hels~lthej executed the e in hi r/lh. authorized
pacity(ij{s), and that b~~the~g~,i) on the
instrumel1t the person~, or (he entity upon behalf of
which the pers01s) aclted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct. "..-
WITNESS ~fd an
Signature
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OPTIONAL
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Description of Attache
Signer(s) Other Than Named Above:
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Capacity(ies) "ed by Signer(~
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Corporate Officer - Title(s): - Corporate Officer - Title(s):
U Partner - :.= Limited L General U Partner - u Limited U General
Attorney in Fact n Attorney in Fact
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Guardian or Conservator _ Guardian or Conservator
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RIGHTTHW,1BPRINT
OF SIGNER
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Signer Is Representing:
@2lJ07NationaINotaryAssoo,ation.- De Soto Ave., P.O. Box 2402-Chatsworth.CA 91313-2402owww_NationalNoIary.org Item Jil5907 ReorderCaJlTolI-Free1-800-B76-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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who proved to me on the basis 01 satisfactory evidence to
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within instrument and acknowledged to me that
he/sh~,~1 ,e, executed the same in hisillefAAeir authorized
capacity(iesj, and that by his!l:lsr'IRsir signature~) on the
instrument the person(8), or the entity upon behalf of
which the personJ6) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Nolary Seal AOl;lve
Signature (-
OPTIONAL
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Though the information below is not required by faw, it may prove valuable to persons relying on the document
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Description of Allached Document
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Title or Type of Document: i. 'L\.. "_r\L -1 -~
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Number of Pages:
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SAN DIEGO-CORONADO
PIPELINE PER DEfD TO
THE CITY OF SAN DIEGO
IN BOOK 570, PAGE 113
RECORDED 6-24-1912
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~URVmNG PH(8S8)SSa.4500- fX{8S8)558-1414
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EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF' THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAlp PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"48'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30.04'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00
FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69"23'00"
WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH
80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET;
THENCE NORTH 80011'00" WEST. 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00
FEET; THENCE NORTH 58.56'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH
57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE
NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF3 '8-30
:ml M:\2409\OD4\legsl Descriptions\A01 Vested Mining Rights.doc
WO 2409.04 12111/08
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23"05'00" EAST, 80.00 FEET; THENCE NORTH 57"22'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 71.00 FEET; THENCE NORTH 49"13'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'QO" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH lS017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145,00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64"05'00" EAST, 23.50
FEET; THENCE SOUTH 88"39'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86"27'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55,78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33,00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET;
THENCE NORTH 29"07'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST,
106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 3S021'00"
EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71,00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60"59'00" EAST, 44.00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 l=EET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3 7-5 - 3 J
:ml M:\24091OO4\Legal O.scriptions\A01 Vestee Mining Rlghts.doc
wn 'A09.0d 12/111OB
THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00
FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,
146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60001 '00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83"01 '00" EAST, 32.00 FEET; THENCE SOUTH 89"04'00" EAST, 120.00 FEET;
THENCE NORTH 81049'00'; EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST,
68.00 FEET; THENCE NORTH 16"54'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30"07'00" EAST, 22.00 FEET; THENCE NORTH
62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10"32'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00"01'00" WEST, 297.00 FEET; THENCE NORTH 09"24'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57"33'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
8B.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
J}-/4" d/L ~0fd..~
DAVID W. AMBLER P.L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:ml M:\2409\004\Legal Cescrlptlons'A01 Vested Mining Rlghts.doc
WO 2409-04 12/11108
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FUTURE VILLAGE 4
DEVELOPMENT AREA
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RECORDED 5/24/1912.
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ENGINEERING ~n Diego, C. 92121 c; ,-).
SURVEYING p~~85a1556.4'.iOO. FX(65&)SS&- 1414
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IN BOOK 570, PACE 113
RECORDED 6-24-19/2.
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Limits of 1973 Grading Permit A
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Vested Future Mining Area B
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EXHIBIT "C"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010,59 FEET TO THE BEGINNING OF A 287,50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149,59 FEET; THENCE SOUTH 77016'37" WEST, 503,98 FEET TO THE
BEGINNING OF A 320,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011 '08" WEST, 166,57 FEET; THENCE SOUTH 16023'00" EAST, 91.00
FEET; THENCE SOUTH 26000'00" WEST, 62,00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 109,00 FEET; THENCE NORTH 69023'00"
WEST, 82,00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH
80'22'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59,00 FEET; THENCE
SOUTH 63029'00" WEST, 156,00 FEET; THENCE NORTH 72056'00" WEST, 60,00 FEET;
THENCE NORTH 80011 '00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169,00
FEET; THENCE NORTH 58056'00" WEST, 198,00 FEET; THENCE NORTH 78'09'00" WEST,
100,00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59,00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH
57049'00" WEST, 59.00 FEET; THENCE NORTH 77'50'00" WEST, 125,00 FEET; THENCE
NORTH 28005'00" WEST, 44,00 FEET; THENCE NORTH 15049'00" WEST, 65,00 FEET;
PAGE 1 OF 3
:d M:\2409\004\LegaJ Descrlptions\A01 Vested Mining Rights.doc
WO 2409-04 1219108
[>-37
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 71.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST,
1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00"
EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
71.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:\2409\004\Legal Descrrptions\A01 Vested Mining Rights.doc
WO 2409-04 12/9/08
;-38
THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00
FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,
146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST,
68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00001'00" WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET: THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
/b7~4/L /2.o~'2M~
DAVID W. AMBLER P.L.S.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:d M:\2409\004\Legal Oescriptions\A01 Vested Mining Rights.doc
WO 2409.04 1219/08
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SAN DlfaO-CORONADO
PIPELINE PER DEED TO
THE CITY OF SAN DIEGO
IN BOOK 570. PAGE 773
RECORDED 5-24-797~
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& ASSOCIATES
SAN 0 I EO ~ I H C.
PLANNING lOW Huemekem Street
ENGINEERING San Diego, Ca lJnn
~RvrnNG PH(B58)SSB-4SOO' FX{8S8)55a.1414
R: \0676\lcMop\DP Mining Rights SHT 01.dwg[ ]Oec-09-2008: 10: 01 W.O. 25-366A
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DETERMINATION BY THE
COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY
QUARRY OPERATION LOCATED AT THE EASTERN
TERMINUS OF MAIN STREET, CHULA VISTA, WAS A
VESTED LEGALLY NON-CONFORMING USE
WHEREAS, RR Quarry, LLC; Rimrock CA LLC; and Otay Valley Quarry LLC (referred
to collectively as "Rimrock") own and operate the Otay Ranch PitIRock Mountain Mine, located
at the eastern terminus of Main Street; and
WHEREAS, the mine was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City ofChula Visa in 1997; and
WHEREAS, the County issued a Grading Permit (L6844), dated October 19, 1973, to
conduct mining operations, however the permit did not specify the property subject to excavation
but referred to the legal description in the grading plan to provide the legal description of the
land under the permit, this land is depicted on Exhibit "A"; and
WHEREAS, the County transferred Grading Permit L6844 to the new owners of the
mining operation on August 24, 1977, which stated that the Permit was issued for a
"nonconforming special use" and once again, the 1977 Grading Permit referred to the Grading
Plan to provide the legal description of the land under the 1977 Permit; and
WHEREAS, the new owners provided an instrument of credit for the 1977 Grading
Permit that covered the same area described on the Grading Plan referred to by the 1973 and
1977 Grading Permit; and
WHEREAS, on August 15, 1980, the County Planning Commission approved a
Reclamation Plan for the mining operation covering portions of the land depicted on Exhibit "A"
and all of the area shown on "Exhibit "B" and in its decision affirmed that the mining operation
was a legal nonconforming use; and
WHEREAS, the California Surface Mining and Reclamation Act of 1976, California
Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a
mining operation if either a permit or other authorization was required for such activity and it
was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was
pursuant to an existing legal nonconforming use as of January 1, 1976; and
WHEREAS, Rimrock contends that they have a vested right, under SMARA, to mine the
property that is depicted as the "Vested Future Mining Area" on Exhibit" B" because of the
1973 Grading Permit issued by the County and because mining operations commenced in or
around 1948; and
J:\AttomeyIRESOLUTIONSIPLANNING\Vested Rights Final_12.16.08.doc
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Resolution No. 2008-
Page 2
WHEREAS, Rimrock is requesting that the City Council affirm the County's decision
that it has a legal nonconforming use with respect to only the area depicted as the "Vested Future
Mining Area" on Exhibit "B", which is smaller than the area covered under the 1973 and 1977
Grading Permits but is within all of the area covered under the 1980 County Planning
Commission's decision of vested use; and
WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to
operate and expand its mining operations on any property other than that area shown as the
"Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C"; and
WHEREAS, a noticed public hearing was held on December 16, 2008, and evidence of
the County's determination of Rimrock's vested right to operate a mine was presented to the City
Council; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") and has determined
that the activity is not a Project as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060 (c )(3) of the State CEQA Guidelines the activity is not
subject to CEQA, so no environmental review was necessary.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula that it
affirms the County of San Diego's determination that Rimrock's mining operation over the area
depicted on Exhibit "B" and legally described on Exhibit "C", attached hereto and incorporated
herein by this reference, was a vested legal nonconforming use under SMARA, provided
however, any and all mining activities shall be subject to all applicable State and Federal laws
and regulations, as well as, other applicable City Municipal Code provisions pursuant to its
police powers.
Presented by:
Approved as to form by:
Gary Halbert, AICP
Director of Planning & Building
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(l Bart C.Miesfe .
-t"r'tjtyAttorney
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Limits of 1973 Grading Permit A
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Vested Future Mining Area B
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LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00
FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00"
WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH
80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET;
THENCE NORTH 80011 '00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00
FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH
57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE
NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF 3
:d M:\2409\O04\Legal Descrlptlons\A01 Vested Mining Rights.doc
WO 2409-04 12/9/08
i~'-I5"
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 77.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST,
1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021 '00"
EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
.77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:\2409\004\Legal Descriptlons\AOl Vested Mining Rights.doc
WO 2409-04 1219108
,j-tic,
THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00
FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,
146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00" EAST, 39,00 FEET; THENCE NORTH 37023'00" EAST,
68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26,00 FEET;
THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100,00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35,00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
/rY~ 4d /2.o~-2~ot3
DAVID W, AMBLER P.L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:d M:\2409\004\Legal Descrlpllons\A01 Vested Mining Rights.doc
WO 2409-04 1 '219/08
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SAN DIEGO-CORONADO
PIPELINE PER DEED TO
THE CITY OF SAN OlteO
IN BOOK 570, PAGE 713
RECORDED 6-24-191~
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HUNSAKER
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SAN DIE G 0, I H C.
PlANNING 10179 Huennekens Street
ENGlNE{RING San Diego, Ca gnn
SURVEYING PH(858)558-4SOO' fX{aS8)SSS.141.
R: \0676\l<Mop\DP M;n;ng R;ghl' SHT 01.dwg[ ]O,c-09-2008: 10: 0' W.O. 25-366A
8-48
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INDEMNIFICATION
AGREEMENT BY AND BETWEEN THE CITY OF CHULA
VISTA AND RIMROCK CA LLC AND JAMES P. BALDWIN;
AND APPROVING A RELINQUISHMENT OF RIGHTS
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RIMROCK CA LLC, RR QUARRY LLC, JAMES P. BALDWIN
AND OT A Y V ALLEY QUARRY LLC
WHEREAS, Rimrock CA LLC, RR Quarry LLC and Otay Valley Quarry LLC own and
operate the Otay Ranch Pit/Rock Mountain Mine, located at the eastern terminus of Main Street
and James P. Baldwin owns a portion of said property and mining operation (all referred to
herein collectively as "Rimrock" unless otherwise stated); and
WHEREAS, the mine was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City ofChula Visa in 1997; and
WHEREAS, the County issued Rimrock a Grading Permit (L6844), dated October 19,
1973, to conduct mining operations, however the permit did not specify the property subject to
excavation but referred to the legal description on the grading plan to provide the legal
description of the land under the permit; and
WHEREAS, the County transferred Grading Permit L6844 to the new owners of the
mining operation on August 24, 1977, which stated that the Permit was issued for a
"nonconforming special use" and once again, the 1977 Grading Permit referred to the legal
description on the Grading Plan to provide the legal description of the land under the 1977
Permit; and
WHEREAS, the new owners provided an instrument of credit for the 1977 Grading
Permit that covered the same area described on the Grading Plan referred to by the 1973 and
1977 Grading Permits (Exhibit A); and
WHEREAS, on August 15, 1980, the County Planning Commission approved a
Reclamation Plan for the mining operation for portions of the area identified under the 1973 and
1977 Grading Permits and in its decision affirmed that the mining operation was a legal
nonconforming use; and
WHEREAS, the California Surface Mining and Reclamation Act of 1976, CA Public
Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a mining
operation if either a permit or other authorization was required for such activity and it was
obtained prior to January I, 1976; or if mining was conducted without a permit, it was pursuant
to an existing legal nonconforming use as of January 1, 1976; and
J:\Attomey\RESOLUTIQNS\PLANNING\Vesled Rights Indemnity FINAL - JDSM Rev_12-16-08.doC
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Resolution No. 2008-
Page 2
WHEREAS, Rimrock contends that they have a vested right to mine under SMARA by
the 1973 Grading Permit issued by the County and because Rimrock commenced mining
operations in or around 1948; and
WHEREAS, Rimrock requested that the City Council affirm the County's decision that it
has a legal nonconforming use with respect to only a portion of the area covered under the 1973
and 1977 Grading Permits but is within all of the area covered under the 1980 County's Planning
Commission determination of vested use; and
WHEREAS, Rimrock CA LLC, RR Quarry LLC and Otay Valley LLC and James P.
Baldwin have agreed to relinquish any and all vested rights they may have to operate and expand
mining operations on any property other than that area shown as the "Vested Future Mining
Area" on Exhibit "B" and legally described on Exhibit "c" attached to this Resolution; and
WHEREAS, Rimrock CA LLC and James P. Baldwin have agreed to indemnify and hold
the City harmless pursuant to the terms of that certain Indemnification Agreement, dated
December 16, 2008, and referred to herein; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") and has determined
that the activity is not a Project as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not
subject to CEQA, so no environmental review is necessary.
NOW THEREFORE, be it resolved that the City Council approves the Relinquishment of
Rights Agreement, dated December 16, 2008, by and between the City of Chula Vista and
Rimrock CA LLC, RR Quarry LLC, James P. Baldwin and Otay Valley Quarry LLC.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council approves the
Indemnification Agreement, dated December 16, 2008, by and between the City of Chula Vista
and Rimrock CA LLC and James P. Baldwin.
Presented by:
Approved as to form by:
Gary Halbert, AICP
Director of Planning and Building
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Limits of 1973 Grading Permit A
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Vested Future Mining Area B
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EXHIBIT "e"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1,2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01,2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00
FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00"
WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH
80'22'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET;
THENCE NORTH 80011'00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00
FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH
57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE
NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF 3
:d M:\2409\004\Legal Descrlptlons\A01 Vested Mining Rights.doc
WO 2409-04 12/9/06 9,' - t- .'3
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THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 71.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST,
1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021 '00"
EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
71.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:\2409\004\Legal Descriptlons\A01 Vested Mining Rights.doc ~ :>. (-"'! r
WO 2409-04 12/9/08 . ~ I W
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THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36'12'00" EAST, 180.00
FEET; THENCE NORTH 33'22'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,
146.00 FEET; THENCE NORTH 35'19'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60'01'00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST,
68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
/~~ ad /2'o~'2~ot3
DAVID W. AMBLER P.L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
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EXHIBIT "C"
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SAN D/tGO-CORONADO
PIPfLlNt PtR OttO TO
THt CITY OF SAN DlteO
IN BOOK 570. PACt 113
RtCORDtD 6-24-191~
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HUNSAKER
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SAN 0 I EGO, 1101 C.
PlANNING 1I)m Huennekem Stlee!
ENGINEERING San DIego, Ca M121
SURVff1NG PH(8S8)sS8-4500. fX(858)s5801414 ,"'. .~
R: \0676\l<Mop\lJP M;n;ng R;ghls SHT 01.dwg( ]0,,-09-2008: 10: 01 W,O. 25-366A tJ>
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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Dated: 12//6/ ()ei.
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Indemnification Agreement by and between
Rimrock CA LLC, James P. Baldwin,
and the City of Chula Vista
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RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
INDEMNIFICATION AGREEMENT
This Indemnification Agreement ("Agreement") is entered into to be effective as of
December 16,2008, by and between Rimrock CA LLC, a Delaware limited liability company,
and James P. Baldwin, an individual (referred to herein collectively as "Rimrock") and the City
of Chula Vista, a California municipal corporation and charter city ("City").
RECITALS
A. Rimrock owns an interest in the real property located in the City as more particularly
described and shown on Exhibit "A" (the "Property"), which is located within a master planned
community commonly known as the Otay Ranch Project.
B. Rimrock owns and operates the Otay Ranch PitIRock Mountain Mine ("Mine")
located on the Property at the eastern terminus of Main Street, within the City.
C. The Property was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City in 1997.
D. Rimrock contends that it has a vested right to operate and expand its mmmg
operations within portions of the Property, described as the "Vested Future Mining Area" on
Exhibit "B".
E. Rimrock has provided the City with the following information, along with other
evidence, to substantiate its claim that it has a legal non-conforming use to operate a mine within
the Future Mining Area:
· On October 19, 1973, the County issued Grading Permit L6844 to conduct mining
operations. The Grading Permit did not specify the property subject to excavation
but referred to a grading plan to provide the legal description of the land under the
permit. The Grading Plan was also designated L6844.
~-S8
· In 1977, Grading Permit L6844 was transferred to the new owners of the mining
operations. The re-issued grading permit, dated August 24, 1977, stated that it
was issued for a "nonconforming special use." Once again, the 1977 Grading
Permit referred to the Grading Plan to provide the legal description of the land
under the 1977 Permit. New security was posted for the 1977 Grading Permit
which covered the same property described in the Grading Plan for the 1973 and
1977 Grading Permits.
· On August 15, 1980, the County's Planning Commission approved a Reclamation
Plan for the mining operations. In its decision, the Planning Commission
confirmed that the mining operation was a legal nonconforming use and the
Reclamation Plan described the property to which the Reclamation Plan applied,
which property description included all of the Vested Future Mining Area.
F. Rimrock has requested that the City affirm the County's determination that it has a
vested mining right to operate and expand its mining operations within the Vested Future Mining
Area in order to provide clarity with respect to its rights to mine within the Vested Future Mining
Area.
H. The City considered Rimrock's request to affirm the County's determination that it
has a vested mining right to operate and expand its mining operations within the Vested Future
Mining Area in order to provide Rimrock with clarity with respect to said rights.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Rimrock and City agree as follows:
ARTICLE 1
Indemnification
1.1. Indemnification. Rimrock, jointly and individually, (jointly referred to in this Article as
"Indemnitor") shall solely and jointly be responsible to defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and against any and all claims,
causes of action, demands, suits, actions or proceedings, judicial or administrative, for writs,
orders, injunction or other relief, damages, liability, cost and expense (including, without
limitation, attorneys' fees) arising out of, connected with or incidental to the City's actions in
affirming the County's determination with respect to its vested rights as a legal nonconforming
use or from any and all City action, conduct or matter arising therefrom or related thereto.
1.2. Defense. Indemnitor's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents or employees in defending
against such claims, whether the same proceed to judgment or not. Further, Indemnitor, at its
own expense, shall upon written request by the City, defend any such suit or action brought
against the City, its officers, agents or employees. Upon Indemnitee exercising such option to
tender a defense, Indemnitee shall reasonably cooperate in the defense of such action. At its sole
discretion, the City may participate, at its own expense, in the defense of any such action, but
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such participation shall not relieve Indemnitor of any obligation imposed by this Agreement. If
the City decides not to tender its defense to Indemnitor, City and Indemnitor each agree to
reasonably cooperate with each other in the defense of such action. City shall have the right to
propose to end litigation by settlement. City agrees to notify the Indemnitor of its desire to settle.
Each party shall cooperate in good faith in any said settlement negotiations. Notwithstanding the
foregoing, the City shall have the to settle with respect to its involvement in any such litigation
provided however the Indemnitor may continue to pursue its rights as a party to the litigation and
Indemnitor shall have the same obligations to indemnify the City pursuant to this paragraph. In
no event however, shall the City have the right to enter into a settlement agreement that would
specifically give up any property right or vested right owned by Indemnitor or its related entities
without Indemnitor's written approval. Nothing herein shall obligate the City to grant or
exercise its discretion on any matter which the City has a right to exercise such discretion, in
order to implement the terms and conditions of a settlement agreement.
ARTICLE 2
ARTICLE 2 General Provisions
2.1. Governing Law. This Agreement shall be governed and construed in accordance with
the laws ofthe State of California.
2.2. Effective Date. The terms and conditions of this Agreement shall be effective as of
December 16, 2008, or the date this Agreement is approved by the City Council of Chula Vista,
whichever is later.
2.3. Counteroarts. 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.
2.4. Entire Agreement. This Agreement embodies the entire agreement and understanding
between the parties regarding the subject matter hereof, and any and all prior or
contemporaneous oral or written representations, agreements, entitlements, understandings
and/or statements shall be of no force and effect.
2.5. Exhibits. The attached exhibits are incorporated by reference into this Agreement.
2.6. Authoritv 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 actions or agreements have
been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind
the real property owners for which this Agreement shall be recorded against.
SIGNATURE PAGE TO THE IDEMNIFICATION AGREEMENT
3
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first set forth above.
Dated:
CITY OF CHULA VISTA
By:
Cheryl Cox
Mayor
Attest:
By:
Donna Norris
City Clerk
Approved as to Form:
By:
Bart C. Miesfeld
City Attorney
Dated:
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RIMROCK CA, LLC
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By: sir. ,,/- ) /<, L/
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Dated:
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JAMES P. BALDWIN
By: (/,./'/<; / /! \
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LIST OF EXHIBITS
Exhibit A
Exhibit B
The Property (Legal Description)
Vested Future Mining Area (Legal Description)
4
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
C<'.c<'.e<'.c<'..e<'.c<'.c<'.c<'.c<'.c<',('X'.e(.'..c<'..c(',.cc,cc..(';i('..c<"..e<'..Q('crA'5C-6<'A-X'..c<"..b<'..c<'..c<'.o<"..c<'..b<'.<'X"'.c<'.c<".&'..c<'..c<'.c<".,o('..G<'.c<'.c<'.c<'.C<'.c<'...e<'.d
State of California
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County of l )ii--\\!"':., rL-
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On \)'('~ll\\Jiill'--i IJiY<{ before me,
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personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person~) whose name(?l' isla~ subscribed to the
within instrument and acknowledge9 to me that
he/~e/th/y executed the same in hislh,er/th,efr authorized
capacity(~, and that by hislhir/t~r signature(s) on the
instrument the person(?l', or the entity upon behalf of
which the person(!lY acted, executed the instrument.
I
I certify under PENALTY OF PERJURY under the iaws
of the State of California that the foregoing paragraph is
true and correct.
Place NotafySealAbol/8
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal Bnd reattachment of this form to anorher document.
Description of Attached Document
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ENQNHRINC S.n DiceD, CI. 92121
$URVfYINC PH(85S)558-4SOO. FX(aS8)SS& 1.1.
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EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 32, 33, 34, 35, 36,37,38,39,4243 OF THE OTAY RANCH, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 7, 1900.
EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 34, 35, AND 36, CONVEYED BY
SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER
COMPANY, BY DEED DATED APRIL 11, 1912 AND RECORDED JUNE 24, 19121N BOOK
570, PAGE 113 OF DEEDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 39, 42, AND 43
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 17, TOWNSHIP
18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN SAID SAN DIEGO COUNTY,
ACCORDING TO LICENSED SURVEYOR'S MAP THEREOF NO. 275, A PLAT OF WHICH IS
FILED IN THE OFFICE OF THE COUNTY RECORDER NOVEMBER 5,1936; THENCE
ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 17, SOUTH 88'55'00"
EAST, A DISTANCE OF 2,071.03 FEET (2,074.27 PER SAID LICENSED SURVEYOR'S MAP
NO. 275) TO A POINT ON THE WESTERLY BOUNDARY OF SAID OTA Y RANCH, SAID
POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHERLY LINE, NORTH 19'00'00" WEST, ALONG SAID WESTERLY BOUNDARY, A
DISTANCE OF 2,893.65 FEET (2,893.04 FEET PER SAID LICENSED SURVEYOR'S MAP NO.
275) TO THE MOST NORTHERLY NORTHEAST CORNER OF THAT LAND DESCRIBED IN
DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 16, 1962 AS FILE NO. 64315
OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY NORTH 19'00'00" WEST, A
DISTANCE OF 741.41 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, NORTH
74'23'37" EAST, A DISTANCE OF 3,829.24 FEET; THENCE SOUTH 02'44'38" EAST, A
DISTANCE OF 2,922.46 FEET; THENCE SOUTH 59'39'21" WEST, A DISTANCE OF 3,064.30
FEET TO THE TRUE POINT OF BEGINNING.
PAGE 1 OF 3
:d M:\2409\004\Legal Descriptioos\a02 Net of 73 grading permit.doc
WO 2409-4 12/15/08
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ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF FRACTIONAL SECTION 20,
TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON
OTAY INDUSTRIAL PARK, MAP NO. 8147, FILED IN THE OFFICE OF THE COUNTY
RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID FRACTIONAL SECTION 20,
BEING ALSO THE WESTERLY BOUNDARY LINE OF SAID OTAY RANCH. NORTH 18037'06"
WEST 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
RANCH BOUNDARY NORTH 71022'54" EAST 55.00 FEET; THENCE NORTH 18037'06"
WEST, PARALLEL WITH SAID RANCH BOUNDARY LINE 200.00 FEET; THENCE SOUTH
71 "22'54" WEST 55.00 FEET TO SAID RANCH BOUNDARY LINE; THENCE ALONG SAID
LINE SOUTH 18"37'06" EAST 200.00 FEET TO SAID POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY OTAY RANCH BOUNDARY DISTANT SOUTH
18"37'10" EAST 499.12 FEET ALONG SAID OTAY RANCH BOUNDARY FROM THE
SOUTHEAST CORNER OF LOT 17 OF MAP NO. 8147; THENCE LEAVING SAID OTAY
RANCH BOUNDARY EASTERLY ALONG A NON-TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 157.00 FEET, A RADIAL TO SAID POINT BEARS
NORTH 34056'19" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 49"41'39" AN ARC LENGTH OF 136.17 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 75"14'40" EAST 179.58 FEET; THENCE SOUTH 14045'20" WEST 62.00 FEET;
THENCE NORTH 75014'40" WEST 45.61 FEET TO THE BEGINNING OF A TANGENT 95.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107'28'43" A LENGTH OF 178.21
FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 44 OF OTAY RANCH;
THENCE DEPARTING THE ARC OF SAID CURVE NON-RADIALLY SOUTH 71 "58'08" WEST
9.63 FEET ALONG THE NORTHERLY LINE OF SAID LOT 44 TO THE EASTERLY LINE OF
THAT EASEMENT FOR COUNTY HIGHWAY RECORDED APRIL 9,1979 AS FILE NO. 79-
144675 OF OFFICIAL RECORDS; THENCE NORTH 18"37'10" WEST 78.39 FEET ALONG
PAGE 2 OF 3
;d M:\2409\004\legal Oescnptions\a02 Net of 73 grading permit.doc
WO 2409-4 12/10lOR
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THE EASTERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY; THENCE SOUTH
71 '22'50" WEST 55.00 FEET ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR
COUNTY HIGHWAY TO A POINT OF INTERSECTION WITH SAID RANCH BOUNDARY;
THENCE ALONG SAID RANCH BOUNDARY NORTH 18'37'10" WEST 119.86 FEET TO THE
POINT OF BEGINNING.
PAGE 3 OF 3 V.'. -,~ i:..
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SAN DIEGO-CORONADO
PIPELINE PER DEED TO
THE CITY OF SAN DIEGO
IN BOOK 570, PAGE 113
RECORDED 6-24-1912.
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HUNSAKER
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PlANNING '1707 WiIp\e5 5tJeet
ENQNEERINC SNl Diego, Ci 92121
SURViYING PH(85aI5~-4S00' fX/8S81558.1414 ) ,> .'0
R: \0676\tiIop\a:' Mining Rights Exhibit A. SHT 01.dW(!rlOec-15-200a 15: 08 W,O. 25-356A ( ,,~
EXHIBIT "B"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01,2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77'16'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011 '08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00
FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00"
WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH
80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET;
THENCE NORTH 80011'00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00
FEET; THENCE NORTH 58'56'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH
57049'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE
NORTH 28'05'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF3 8-1' 0
:d M:\2409\004\LeQal Descriotions'A01 Vested Minino Riohts_dor: tp 0
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00. EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 77.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST.
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00. EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00. EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST,
106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00"
EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00. EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00. WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00.
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00. EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00. WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00. EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:\2409\004\Legal Descriptions\A01 Vested Mining Rights.doc
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THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00
FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,
146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST,
68.00 FEET; THENCE NORTH 16054'00. EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62041 '00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10032'00. WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00001'00. WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00. EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00. EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
PAGE30F3 8 70
:d M:\2409\004\Legal Descriptions\A01 Vested Mining Rights.doc ... I
WQ 2409-04 12/15/08
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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Dated: /1/ s;lo~
Relinquishment of Rights Agreement
by and between Rimrock CA, LLC,
RR Quarry LLC, Otay Valley Quarry LLC,
James P. Baldwin, and the City ofChula Vista
'g-" .
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITYOFCHULA VISTA
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276 Fourth A venue
Chula Vista, CA 91910
Above Space for Recorder'. Use
RELlNQmSHMENT OF VESTED RIGHTS AGREEMENT
This Relinquishment of Rights Agreement ("Agreement") is entered into to be effective as of
December 16, 2008, by and between Rimrock CA, LLC, a Delaware limited liability company,
RR Quarry LLC, a Delaware limited liability company, Otay Valley Quarry LLC, a Delaware
limited liability company and James P. Baldwin, an individual (referred to herein collectively as
"Rimrock") and the City of Chula Vista, a California charter city and municipal corporation
("City").
RECITALS
A. Rimrock owns the real property located in the City as more particularly described and
shown on Exhibit "A" (the "Property"), which is located within a master planned community
commonly known as the Otay Ranch Project.
B. Rimrock owns and operates the Otay Ranch Pit/Rock Mountain Mine ("Mine")
located on the Property at the eastern terminus of Main Street, within the City.
C. The Property was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City in 1997.
D. Rimrock contends that it has a vested right to operate and expand its m1010g
operations within portions of the Property, described as the "Vested Future Mining Area" on
Exhibit "B".
E. Rimrock has provided the City with the following information, along with other
evidence, to substantiate its claim that it has a legal non-conforming use to operate a mine within
the Future Mining Area:
. On October 19, 1973, the County issued Grading Permit L6844 to conduct mining
operations. The Grading Permit did not specify the property subject to excavation
but referred to a grading plan to provide the legal description of the land under the
permit. The Grading Plan was also designated L6844.
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. In 1977, Grading Permit L6844 was transferred to the new owners of the mining
operations. The re-issued grading permit, dated August 24, 1977, slated that it
was issued for a "nonconforming special use." Once again, the 1977 Grading
Permit referred to the Grading Plan to provide the legal description of the land
under the 1977 Permit. New security was posted for the 1977 Grading Permit
which covered the same property described in the Grading Plan for the 1973 and
1977 Grading Permits.
. On August 15, 1980, the County's Planning Commission approved a Reclamation
Plan for the mining operations. In its decision, the Planning Commission
confirmed that the mining operation was a legal nonconforming use and the
Reclamation Plan described the property to which the Reclamation Plan applied,
which property description included all of the Vested Future Mining Area.
F. Rimrock has requested that the City affirm the County's determination that it has a
vested mining right to operate and expand its mining operations within the Vested Future Mining
Area in order to provide clarity with respect to its rights to mine within the Vested Future Mining
Area.
G. The City conoidered Rimrock's request to affirm the County's determination that it
has a vested mining right to operate and expand its mining operations within the Vested Future
Mining Area in order to provide Rimrock with clarity with respect to said rights.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Rimrock and City agree as follows:
ARTICLE I
Relinquishment of Rights
1.1. Relinauishment of RilZhts. Rimrock agrees to waive and relinquish any claims to
vested rights it may have as a legal nonconforming use to operate and expand mining operationo
or any other related activities, including operating a quarry or processing plant within any
portion of the Property other than that portion described as the Vested Future Mining Area on
Exhibit "B".
1.2. General Release. Rimrock acknowledges the risk that, subsequent to the execution of
this Agreement, claims which were unknown or unanticipated may be discovered, incurred or
suffered, including but without limitation, unknown or unanticipated claims which if known may
have materially affected the decision to enter into this Agreement. Rimrock nonetheless desires
to enter into this Agreement and hereby waives, relinquishes and discharges any such claim, and
waives, relinquishes and discharges all rights under Section 1542 of the Civil Code of California.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of
California and any similar law of any state or territory of the United States or other jurisdiction
are hereby expressly waived. Said section reads as follows:
2
'6-13
1542. GENERAL RELEASE - CLAIMS EXTINGUISHED. A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MA TERlALL Y AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.
ARTICLE 2
General Provisions
2.1. Govemimz Law. This Agreement shall be governed and construed in accordance with
the laws of the State ofCalifomia.
2.2. Effective Date. The terms and conditions of this Agreement shall be effective as of
December 16, 2008, or the date this Agreement is approved by the City Council of Chula Vista,
whichever is later.
2.3. Counteroarts. 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.
2.4. Entire AlZreement. This Agreement embodies the entire agreement and understanding
between the parties regarding the subject matter hereof, and any and all prior or
contemporaneous oral or written representations, agreements, Entitlements, understandings
and/or statements shall be of no force and effect.
2.5. Exhibits. The attached exhibits and Diagrams are incorporated by reference into this
Agreement.
2.6. Authoritv of Sil!Jlatories. 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 actions or agreements have
been taken so as to enable said signatory to enter into this Agreement on behalf of and to bind
the real property owners for which this Agreement shall be recorded against.
SIGNATURE PAGE TO THE RELINQUISHMENT AGREEMENT
3
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first set forth above.
Dated:
Attest:
By:
CITY OF CHULA VISTA
By:
Cheryl Cox
Mayor
Donna Noms
City Clerk
Approved as to Fonn:
By:
Dated:
Dated:
Bart C. Miesfeld
City Attorney
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RIMROCK CA, LLC
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RR QUARRY LLC
By: /(/ .'- ./j,.lkj; <C
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Dated:
orA Y V ALLEY QUARRY LLC
By:
Dated:
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JAMES P. BALDWIN
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LIST OF EXHIBITS
Exhibit A
Exhibit B
The Property (Legal Description)
Vested Future Mining Area (Legal Description)
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Dated:
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By:
Dated:
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JAMES P. BALDWIN
By:
LIST OF EXHIBITS
Exhibit A
Exhibit B
The Property (Legal Description)
Vested Future Mining Area (Legal Description)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cC.e<',ccj!j('~~~~~~L;(>.l!X'~b(!nC~d'~~~~~~~~nrd'Nrbf'.6:'J!j(',R;{
County of
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State of California
On ,'~I.::',~ \ ~:~<_ :u,,',t". ' .before me, ;C';""')A;; , 'j .-...-.t"~j~';;~';~';~~~~Y"'~
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personally appeared
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Na~l ol Slgn.~
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who proved to me on the basis of satisfactory evidence to
be the personjlll whose name,ls) islare-subscribed to the
within instrument and acknowledged to me that
helaAaAha) executed the same in hisJharAAair authorized
capacity(iesl. and that by hisl~er.~heir signature($) on the
instrument the person(8). or the entity upon behalf of
which the person") acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary SNI AtKNe
WITN ESS my hand and official seal.
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Signature
OPTIONAL
Though the information bBlow is not required by law, it may prove valuablfl to persons relying on the document
and could prewmt fraudulent removal and reattachment of this form to another document.
Description 01 Attached Document
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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within. instrument and acKnowledged to me that
he/~llitjtly executed the same in h~lIj)Sir au!hOrized
capacity(~, and that by hi~r/tljlll'r signaturel8) on the
instrument the person(Jf, or the entity upon behalf of
which the person(% acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Calffornia that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. .
II!, "I ~' L/iL' Il~
Signature Y1(/It., il, fL."" 11/(i1
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OPTIONAL
Though ",. inbrmation below is not required by law. it may prove valuabht to persons relying on the document
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EXHIBIT "A"
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HUNSAKER
& ASSOCIATES
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PlANNINC 9707 WlpIa Street
[NCN.EtINC SIIn Olea' c.a 921Z1
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EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 32, 33, 34, 35, 36, 37, 38, 39, 42 43 OF THE OTAY RANCH, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 7, 1900.
EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 34. 35, AND 36, CONVEYED BY
SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER
COMPANY, BY DEED DATED APRIL 11, 1912AND RECORDED JUNE 24, 1912 IN BOOK
570, PAGE 113 OF DEEDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 39, 42, AND 43
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 17, TOWNSHIP
18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN SAID SAN DIEGO COUNTY,
ACCORDING TO LICENSED SURVEYOR'S MAP THEREOF NO. 275, A PLAT OF WHICH is
FILED IN THE OFFICE OF THE COUNTY RECORDER NOVEMBER 5,1936; THENCE
ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 17, SOUTH 88'55'00"
EAST, A DISTANCE OF 2,071.03 FEET (2,074.27 PER SAID LICENSED SURVEYOR'S MAP
NO. 275) TO A POINT ON THE WESTERLY BOUNDARY OF SAID OTAY RANCH, SAID
POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHERLY LINE, NORTH 19'00'00" WEST, ALONG SAID WESTERLY BOUNDARY, A
DISTANCE OF 2,893.65 FEET (2,893.04 FEET PER SAID LICENSED SURVEYOR'S MAP NO.
275) TO THE MOST NORTHERLY NORTHEAST CORNER OF THAT LAND DESCRIBED IN
DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 16,1962 AS FILE NO. 64315
OF OFFICiAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY NORTH 19'00'00" WEST, A
DISTANCE OF 741.41 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, NORTH
74'23'37" EAST, A DISTANCE OF 3,829.24 FEET; THENCE SOUTH 02'44'38" EAST, A
DISTANCE OF 2,922.46 FEET; THENCE SOUTH 59'39'21" WEST, A DISTANCE OF 3,064.30
FEET TO THE TRUE POINT OF BEGINNING.
PAGE 1 OF3
:d M:\2409\004\Legal Oescriptionsla02 Net ci 73 grading pomil.doc
we 2409-4 12/15108
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ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF FRACTIONAL SECTION 20,
TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON
OTAY INDUSTRIAL PARK, MAP NO. 8147, FILED IN THE OFFICE OF THE COUNTY
RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID FRACTIONAL SECTION 20,
BEING ALSO THE WESTERLY BOUNDARY LINE OF SAID OTAY RANCH, NORTH 18"37'06"
WEST 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
RANCH BOUNDARY NORTH 71022'54" EAST 55.00 FEET; THENCE NORTH 18"37'06"
WEST, PARALLEL WITH SAID RANCH BOUNDARY LINE 200.00 FEET; THENCE SOUTH
71022'54" WEST 55.00 FEET TO SAID RANCH BOUNDARY LINE; THENCE ALONG SAID
LINE SOUTH 18"37'06" EAST 200.00 FEET TO SAID POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 43 DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY OTAY RANCH BOUNDARY DISTANT SOUTH
18"37'10" EAST 499.12 FEET ALONG SAID OTAY RANCH BOUNDARY FROM THE
SOUTHEAST CORNER OF LOT 17 OF MAP NO. 8147; THENCE LEAVING SAID OTAY
RANCH BOUNDARY EASTERLY ALONG A NON-TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 157.00 FEET, A RADIAL TO SAID POINT BEARS
NORTH 34"56'19" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 49"41'39" AN ARC LENGTH OF 136.17 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 75"14'40" EAST 179.58 FEET; THENCE SOUTH 14"45'20" WEST 62.00 FEET;
THENCE NORTH 75"14'40" WEST 45.61 FEET TO THE BEGINNING OF A TANGENT 95.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107"28'43" A LENGTH OF 178.21
FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 44 OF OTAY RANCH;
THENCE DEPARTING THE ARC OF SAID CURVE NON-RADIALLY SOUTH 71"58'08" WEST
9.63 FEET ALONG THE NORTHERLY LINE OF SAID LOT 44 TO THE EASTERLY LINE OF
THAT EASEMENT FOR COUNTY HIGHWAY RECORDED APRIL 9, 1979 AS FILE NO. 79-
144675 OF OFFICIAL RECORDS; THENCE NORTH 18"37'10"WEST 78.39 FEET ALONG
PAGE 20F3 0-'6...1
:d M:\2oI09I004\Legal DlO6Cl'ipUonsla02 Net a 73 grading porm~.doc 0
U.......,A"... A..,'."'......
THE EASTERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY; THENCE SOUTH
71022'50" WEST 55.00 FEET ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR
COUNTY HIGHWAY TO A POINT OF INTERSECTION WITH SAID RANCH BOUNDARY;
THENCE ALONG SAID RANCH BOUNDARY NORTH 18037'10" WEST 119.86 FEET TO THE
POINT OF BEGINNING,
PAGE30F3 Q" - '13
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SAN DIEGO-CORONADO
PIPElINE PER DEED ro
THE CfTY OF SAN DIEGO
IN BOOK 570. PAGE ',J
RECORDED 6-24-'912.
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EXHIBIT liB"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS .NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18"39'03. EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15. A DISTANCE OF 132.30
FEET; THENCE SOUTH 47"27'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"48'41. A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51. A DISTANCE OF 249.36 FEET; THENCE SOUTH 32"37'46. WEST, 965.58 FEET;
..
THENCE SOUTH 30004'17. WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'06. WEST, 166.57 FEET; THENCE SOUTH 16023'00. EAST, 91.00
FEET; THENCE SOUTH 26000'00. WEST, 62.00 FEET; THENCE SOUTH 69"14'00. WEST,
104.00 FEET; THENCE SOUTH 73013'00. WEST, 109.00 FEET; THENCE NORTH 69"23'00.
WEST, 82.00 FEET; THENCE NORTH 56022'00. WEST, 31.00 FEET; THENCE SOUTH
80022'00" WEST, 303.00 FEET; THENCE NORTH 62"25'00. WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72"56'00" WEST, 60.00 FEET;
THENCE NORTH 80011'00" WEST, 135.00 FEET; THENCE NORTH 84"25'00. WEST, 169.00
FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47034'00. WEST, 23.00 FEET; THENCE SOUTH 59"30'00.
WEST, 59.00 FEET; THENCE NORTH 77027'00. WEST, 52.00 FEET; THENCE NORTH
57049'00. WEST, 59.00 FEET; THENCE NORTH 77050'00. WEST, 125.00 FEET; THENCE
NORTH 28005'00. WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF 3 8''' 8 5
:d M:\2409\004\LegaJ OescriplionslA01 Vested Mining Rlghls.doc
'Mn')AnnI'\A ...,/....,:",..
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00' WEST, 80.00 FEET; THENCE NORTH 64008'00.
WEST, 77.00 FEET; THENCE NORTH 49"13'00. WEST, 125.00 FEET; THENCE NORTH
54"03'00. WEST, 112.00 FEET; THENCE NORTH 58053'00. WEST, 133.00 FEET; THENCE
NORTH 56"OO'oo"WEST, 323.00 FEET; THENCE NORTH 51"19'00" WEST, 92.00 FEET;
THENCE NORTH 54"38'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12"02'00. WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 00020'00. EAST, 261.95 FEET; THENCE NORTH 1601TOO.
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83"22'00. EAST, 145.00 FEET; THENCE NORTH 87014'00M EAST, 116.00 FEET; THENCE
SOUTH 28"50'00. EAST, 23.00 FEET; THENCE SOUTH 1005TOO" EAST, 63.04 FEET;
THENCE SOUTH 64"05'00. EAST, 16.46 FEET; THENCE SOUTH 64"05'00. EAST, 23.50
FEET; THENCE SOUTH 88"39'00" EAST, 43.00 FEET; THENCE NORTH 76"59'00" EAST,
19.00 FEET; THENCE NORTH 20050'00. EAST, 107.00 FEET; THENCE SOUTH 86021'00.
EAST, 42.00 FEET; THENCE SOUTH 77047'00' EAST, 54.00 FEET; THENCE SOUTH
70"25'00' EAST, 55.78 FEET; THENCE SOUTH 59"29'00' EAST, 45.36 FEET; THENCE
NORTH 89"12'OOM EAST, 33.00 FEET; THENCE NORTH 47017'00. EAST, 27.00 FEET;
THENCE NORTH 29"07'00' EAST, 116.00 FEET; THENCE NORTH 22012'00. EAST, 132.00
FEET; THENCE NORTH 17040'00. EAST, 110.00 FEET; THENCE NORTH 10048'00. EAST,
106.00 FEET; THENCE NORTH 50049'00' EAST, 110.00 FEET; THENCE NORTH 38021'00'
EAST, 44.00 FEET; THENCE NORTH 24"38'00. EAST, 503.00 FEET; THENCE NORTH
16044'00. EAST, 54.00 FEET; THENCE NORTH 02010'00' EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26"50'OOM WEST, 71.00
FEET;THENCE NORTH 14"14'00. WEST, 63.00 FEET; THENCE NORTH 03038'00' WEST,
133.00 FEET; THENCE NORTH 60059'00. EAST, 44.00 FEET; THENCE NORTH 37"10'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00' EAST, 62.00 FEET; THENCE NORTH
24"29'00. EAST, 94.00 FEET; THENCE NORTH 32044'00. EAST, 120.00 FEET; THENCE
NORTH 35001'00. EAST, 245.00 FEET; THENCE NORTH 34014'00. EAST, 51.00 FEET;
THENCE NORTH 19"34'00. EAST, 45.00 FEET; THENCE NORTH 04"58'00. EAST, 35.00
FEET; THENCE NORTH 01"25'00" WEST, 36.00 FEET; THENCE NORTH 14045'00. WEST,
77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11"01'00.
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25"22'00' EAST, 50.00 FEET; THENCE NORTH 41041 '00" EAST, 25.00 FEET; THENCE
NORTH 56017'00' EAST, 238.00 FEET; THENCE NORTH 42023'00' EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:\2409\004llegal DescrlptionslAOl Vested Mining Rlghts.doc
WO 2409-04 12/15/08
~-8G
THENCE NORTH 50"02'00. EAST, 91.00 FEET; THENCE NORTH 36012'00. EAST, 180.00
FEET; THENCE NORTH 33022'00. EAST, 63.00 FEET; THENCE NORTH 36005'00. EAST,
146.00 FEET; THENCE NORTH 35019'00. EAST, 133.00 FEET; THENCE NORTH 50"29'00.
EAST. 78.00 FEET; THENCE NORTH 60"01'00. EAST, 41.00 FEET; THENCE SOUTH
74023'00. EAST, 117.00 FEET; THENCE SOUTH 62"52'00. EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00. EAST, 120.00 FEET;
THENCE NORTH 81049'00. EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00. EAST, 39.00 FEET; THENCE NORTH 37"23'00" EAST,
6S.00 FEET; THENCE NORTH 16054'00. EAST, 42.00 FEET; THENCE NORTH 00055'00.
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62"41'00. EAST, 2S.OO FEET; THENCE NORTH 70056'00. EAST, 57.00 FEET; THENCE
NORTH 51057'00. EAST, 23.00 FEET; THENCE NORTH 38035'00. EAST, 26.00 FEET;
THENCE NORTH 10"32'00. WEST, 72.00 FEET; THENCE NORTH 15005'00. WEST, 114.00
FEET; THENCE NORTH 05042'00. EAST, 81.00 FEET; THENCE NORTH 4304S'00. EAST,
100.00 FEET; THENCE NORTH 00001'00. WEST, 297.00 FEET; THENCE NORTH 09"24'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00. EAST, 57.00 FEET; THENCE NORTH
16010'00. EAST, 35.00 FEET; THENCE NORTH 26059'00. EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00. EAST, 127.00 FEET; THENCE NORTH 57033'00. EAST, 92.00
FEET; THENCE NORTH 51054'00. EAST, 227.00 FEET; THENCE NORTH 1600S'OO. EAST,
88.00 FEET; THENCE NORTH 07019'00. EAST, 43.00 FEET; THENCE SOUTH 73010'00.
WEST, 150.00 FEET; THENCE NORTH 84"55'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01. EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
PAGE30F3 8..-87
-rl U'\?40Q\o04\LeaaI DescrlDtlons\A01 Vested Mining Rlghts.doc
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~l~ (lIT OF
. · -- CHULAVlSfA
Item No.: D
Meeting Date: 12/16/08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRlvlING THE DETER,\l[INATION BY THE
COUNTY OF SAt~ DIEGO IN 1980 THAT THE OTAY QUARRY
OPERATION LOCATED AT THE EASTERN TERMINUS OF
MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY
NON-CONFORMING USE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INDEMNIFICATION AND
RELINQlJ1SIDvffiNT OF RIGHTS AGREEMENT BY At~
BETWEEN THE CITY OF CHULA VISTA A1~ RIMROCK CA
LLC
DIRECTOR OF PLANNING ANTI BUILDINC{.-tt(
CITY ATTORNEY3Cv'-../'
INTERIM CITY MANAGER ~-r-
4/5THS VOTE:.
NO X.
YES
SUMMARY
Rimrock CA LLC and Otay Valley Quarry LLC ( referred to collectively as "Rimrock) own and
operate the Otay Ranch Pit/Rock Mountain Mine located at the eastern terminus of Main Street. The
mine has been in operation siIlce the 1940s and produces aggregate. The mine was originally
located within thejurisdiction o(the County of San Diego, and was annexed into the City of Chula
Vista in 1997. In 1973 the County of San Diego approved a grading permit for mining operations on
the site. In 1977, the County renewed the grading permit allowing mining operations to continue at
the site indefinitely. At a public hearing in 1980, the County of San Diego formally determined that
the site of the Otay Quarry was a vested legally non-conforming mining operation. This
determination was made based upon the previously approved grading plan/permit(s) and
accompanying legal description for the site. The applicant is requesting that the Chula Vista City
Council affirm the previous determination by the COlmty of San Diego that the site is a vested
legally non-conforming mining operation.
Date, Item No.: b
Meeting Date: 12/16/08
Page 2 of 4
ENVIRONlVIENT 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 defmed under Section 15378 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
environmental review is necessary.
RECOMlVIENDATION
That Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION Not applicable
ANALYSIS
Rimrock is requesting that the City Council affirm the County of San Diego's (County)
determination that it has a vested mining right to operate and expand its mining operations on
the area shown on Exhibit B (Vested' Future Mining Area). On August 15, 1980, at a public
hearing, the County's Planning Commission approved a Reclamation Plan for the mining
operations. In its decision, the Planning Commission formally confirmed that the mmmg
operation was a legal nonconforming use (Attachment 1).
The County has documented the status of Rimrock's mining operation as a legal non-conforming
use since October 19, 1973, with issuance of Grading Permit L6844. The Grading Permit did not
specify the property subject to excavation but referred to the legal description in the grading plan
(Grading Plan) to provide the legal description of the land under the Permit (Attachment
2/Grading Permit). The Grading Plan and Grading Permit were both designated by the County
as L6844 and both were approved on September 17, 1973.
In 1977, Grading Permit L6844 was transferred to the new owners of the mining operation. The
re-issued grading permit, dated August 24, 1977, stated that it was issued for a "nonconforming
special use" (Attachment 3/1977 Grading Permit). Once again, the 1977 Grading Permit referred
to the Grading Plan to provide the legal description of the land under the 1977 Permit. In
addition, the County required that new security be posted for the Grading Permit. The new
instrument of credit that was provided for .the 1977 grading permit covered the same legally
described land on the Grading Plan (Attachment 4). The 1973 and 1977 Grading Permit
included the property shown on Exhibit B as the Vested Future Miriing Area, along with a much
larger area.
The Califorriia Surface Miriing and Reclamation Act of 1976 (SMARA), provides that a vested
right may be acquired for a mining operation if either a permit or other authorization was
required for such activity and it was obtained prior to January 1, 1976; or if mining was
conducted without a permit, it was pursuant to an existing legal nonconforming use as of January
1, 1976. (CA. Pub. Res. Section 2776.) Rimrock contends that they have a vested right to mine
under SMARA by the 1973 Grading Permit issued by the County and because Rimrock
J:\Planning\SteveXP\citycollnciJ agenda statement vested rights 12 08fina1.doc
8-2
Date, Item No.: [3
Meeting Date: 12/16/08
Page 3 of 4
commenced mmmg operations in or around 1948; as evidenced by the County's 1980.
determination that it has a vested mining operation.
Rimrock is now requesting that the City Councilaffinn the County's determination that they
have a vested right to conduct surface mining operations for only the area identified as the
Vested Future Mining Area, even though it appears that the County's 1980 determination may
have pertained to a much larger area. Rimrock has agreed that the City Council's affirmation
would apply only to the Vested Future Mining Area and not to any other property. Rimrock has
agreed to relinquish any and all vested rights, it may have to operate and expand its mining
operations on any property other than that area shown as the Vested Future Mining Area. The
City's affirmation would acknowledge the County's finding that the mining operation is a legally
non-conforming use. No additional City conditional use permit would be required to conduct
surface mining operations within the Vested Future Mining Area. However, the mining
operation will be controlled by Covenants that have been recorded against its land (Attachment
5). The Covenants cannot be amended or removed without the approval of the City. In addition,
the City has the right to enforce any violation of the Covenants.
Although the City may affirm that Rimrock's mining operation is a legal nonconforming activity,
Rimrock would still be subject to -state and federal laws and regulations, as well as other
applicable City Municipal Code provisions. This would include complying with the Endangered
Species Act since a small portion of its land within the Vested Future Mining Area is currently
designated as preserve land under the City's MSCP Subarea Plan. Rimrock is currently
negotiating with the Wildlife Agencies to trade other biologically equivalent land for a small
portion of property located within the Vested Future Mining Area: Rimrock will have to apply
to the City for an MSCP boundary. adjustment, as provided for in the City's MSCP Subarea
Plan, to cqmplete this process. If Rimrock were unsuccessful in receiving an MSCP boundary
adjustment from the City then it would be precluded from conducting mining operations on any
land that is designated as preserve.. In addition, Rimrock will need to provide a revised
Reclamation Plan for the City's approval.
The City's ability to regulate the mining operations will be limited once the City has recognized
the operations as a legal nonconforming use. The Covenants that have been recorded against
Rimrock's land provide enforceable operating parameters for the mining activities. Rimrock has
agreed to indemnify and defend the City should there be any legal challenges concerning this
affirmation or its mming operations within the Vested Future Mining Area.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500' feet of the boundaries of the property, which is subject to this action.
FISCAL IMPACT
There will be no net fiscal impact to the General Fund from this action. All costs associated with
processing this request have been paid by the applicant.
C:\Documents and Settings\stevexp\Local Set.tings\Temporary InteS:.31eS\OU0\S\citycounCil.agenda statement veste~ rights 12 08tinaLdoc
Date, Item No.: g
Meeting Date: 12/16/08
Page 4 of 4
A TT ACHlVIENTS
1. August 15, 1980 County of San Diego Planning Commission Decision
2. 1973 County of San Diego Grading Permit
3. 1977 County of San Diego Grading Permit
4. Instrument of Credit for Grading, dated July 6, 1977
5. Covenants recorded by Rirnrock
EXHIBITS
A. Limits of 1973 Grading Permit
B. Vested Future Mining Area
C. Legal Description of Vested Future Mining Area
Prepared by: Steve Power, Alep Principal Planner, Planning & Building Dept.
C:\Documents and Settings\stevexp\Local Senings\Temporary Internet Files\OLKA5\citycouncil agenda statement vested rights 12 08final.doc
- 8-4 - -
-,
Attachment 1 - August 15, 1980 County of San Diego Planning Commission Decision
8-5
SAN
[J lEG 0
C 0 U ;, T Y
PLAXl-ir;,(;
c 0 l.~ 1.; I S SID ;~
----------
915!J Chesapeake Drive
San Die"o CA' n?123
OJ' _ - .
Au::;ust 15, 1980'
. Decision of the Comr.:ission
0.1 the Applicacion or Nelson-Sloan
Application ;;uilver RP79-09
, ,
GRANT, as per revised reclamation plan';' pursuant to Section 37.701-714 et. seq. of
the' County Code and attached <:pj1li cation and in compliance !vith the State Surrace
I'lining and Rec'l2J:1ation Act of 1975 for a vested nonconforming mining operation. '
_I0_e._pLan,s.!l":~f,. :r..ec1aim, th.", 13J,1~._!..<:>r .a,g:zJc!:!.l~,,::!.e_,jn..four:,pl!~s "s -(pnas e --roT'the 5
Phases of the original application is not herein granted), , _
A. !';it;lin 130 days of grantint; of this Recla.'!lation PI an the applicant shall:
1. Submit a revised Reclamation Plan to the satisraction or the Director or
Department of Planning and Land Use showing:
a.
Limits or evaluation.
b.
Indicate Phase Four as ":;0 Extraction" (ERD Diology).
B. Within one year of the granting or this Reclamati'on Pla..1 or,within 60 aciditional
days ir the Director or Planning and Land Use determines the applicant is dili-
gently pursuing these conditions, the applicant shall:
1. Submit detailed and co~lete landscape plans to the' Regulato~' Planning
Division ror the approval or the Director or Planning and Land Use. The
landscape plans shall specirically show the revegetation of newly created
slopes with existing native plant materials by mulching brushed material
',dth the native topsoil or the site (ERE Biology). '
2. Execute a'20, foot easement ror a riding and hiking trail. The trail
Hill be located 'in Parcels 5, 6, 15, 16, 25, 26, 35, 36, and 45 of Otay
Ranch }olap No. 862., The easement will begin at the northl'lesterl)' corner
of parcel 45 and continue along the existing utility road ror the power
lin~s easterly throueh paycels 36, 35, 26, 25, 16, 15, and northeasterly
(across the Otay River) through parcels 6 and 5 to th~ easterly boundary
of the Otay R&,ch to the satisraction of Director, Department of Trans-
portation.
3. Execute a secured agreement to improve the Riding and 'PSking Trail Sys-
tem to the following design' standards to the satisfaction of Director,
Department of Transportation,:
8-6
RP79-09
-.
-~-
a. The trail shall contain a T,llnU1Um eight (8) feet of tread t-:idth
wi th drainage structures as TI2CessarYa
b. -The trail surface shall consist of the n-ative soil, Or where the-
.soil is highly erosive or-will not support the traffic, u tread
surfacing material such as - decomposed granite t<hich t;ill blend
,-6th the natural-enViroTlffient shall be provided.
c. Trail gradients shall not exceed 15'". Where natural grades exceed
IS?, sufficient width for S\dtcJ1hacks shall be provided to aCCOrrui)O-
date a 15% gradient trail.
d. Trails shall intersect roads at approximately 900 angles.
e. The trail system shall be continuous through the property and shall
provide for -local access within the property.
f. Points .1;here the trail exits t;,e property shall be coordinated \;ith
existing or planned trail locations on adjacent property.
g. Signs at trail entrances to provide identification, rules and regu-
latio:lS; and r.JarI~eTs along the route to direct users..
4. Provide the Director of Department of Planning and -Land Use a letter
from the Director, Department of Transportation stating-all Ridblg and
Hiking Trail improvements have been completed to- Departnient of Transpor-
tation's satisfaction. .
5. Provide a comprehensive evaluation from the applicant's civil engineer
1.'ith appropriate Dit;igating measures for the fol19wing issues:
a. Flood hydraulics anu fluvial analysis (erosion and sedimentation
study for the proj ect site and adjacent properties).
b. Floodway and flood plain bank stabilities.
6. Provide a flood plain and flood"ay study.for the project from the appli~
cant's er!gineer which shall reflect any c[121lges in the existing flood'
.plain, floodway lines. .The study shall be to the satisfaction of the
Department of Sanitation and Flood Control.
7 Grant a flowage easement over any portion of the property that is within
the floouway.
8. Complete the fOlln'"ing. procedures to thlO satisfaction of Environmental
Analysis Division (ERE Archaeolo[y):
a. A qualified archaeologist will map each site individually and show
the following: .
1) Contours.
2) Natural features, i.e., rock outcrops, .etc.
3) ~jan.made features, i.e., artifact concentration, milling, etc.
4) .Plot each site location .on an aerial map of the project.
8-7
RP79-09
-3-
b.
Artifac.ts on each site will be micromapped, photographed, ~n place,
anej collected fron; the surface.
c.
Each site will be fully photo,Graphed (black and, "hite, non-polaroid]
'from four (4) directions.
d. Each site "ill be test excavated to determine what subsurface conten
if any, exists (sites having no depth of artifacts or midden deposit
way not, require further'mitigation).
e. Preservation and/or salvage research designs 1<ill be presented to
EAD for approval for each site, dependin'g on whether it Hill be
destroyed or not.
1) Preservation Plans shall prov~c1e site protection by, complete
avoidance and an ~~en Space Easement with a buffer area of
30 feet all around.
2) Salvage research designs "ill provide mitigation through
excavation and rec.overy of up to 20% of' each site area.
f. A full report of the above work, anaiyses and conclusions will be
prepared and five (5) c<Jpies I'rill be submitted to EM.
g.' Provide a letter from the Enviro~~ental Analysis Division that
archaeological mitigation measures have been satisfied.
, ,9. ,',ark 1-:ith posts the 15.0 feet h'ide zone west of the eastern aqueduct as
described in '''Biology Report of Nelson-Sloan, RP79-.o9,' Log #79-19-49."
to the satisfaction of Environmental Analysis Division Coordinator.
10. Heet all provisions of Section 37.7.01 through 87.714 of the County Code
including "Right of Entry" and security f.or its future :;:-estoration.
Said security shall be in the ~"ount of $20,000..0.0; however, in no event
shall the limitation on the amount of security required be construed as
a limitation on the liability of the permittees.
II,' Submit totne satisfaction of the pirector of Planning and Land Use:
a. A statement the applicant ,accepts responsibility for reclaiming the
mined lands in accordance with the Reclamation Plan.
b. The na.lles and addresses of the O\VJ1ers of all surface and. mineral
interests or subject land.
C. ]'iithin t"o years of the' granting of this Reclamation Plan or within 6.0
additional days if the Director of Department of Planning and Land Use
determines the applicant is diligently pursuing these conditions, the
applicant shall:
Construct flood control improvements if necess'ary to the satisfaction
or Department of Sanitation and Flood Can~rol, and provide a letter
from the Director or Sanitation and Flood Control that all reauirements
or this Department have been satiSfied (ERB Flooding). .
8-8
RP 79-09
- 4 -
D. The Following conditions condltions apply (ERB Biology):
1. Vegetation shall not be removed from .the area in Phase four .(4) except as
required by written order of fire protection agency.
2. No mechanical invasion shall be allowed into the area of Coast. Barrel
Cactus in the ISO foot wide zone west of the eastern aqueduct as
described in "Biology Report of Nelson~Sloan, RP79.,.09, Log #79~19-49
(Phase 5). .
3. Only one phase shall be worked at a time,
4. Native cacti shall be salvaged for use in revegetation in portions of
Phase Five on an. annual basis.
''-..
8'""9
Attachment 2 -1973 County of San Diego Grading Permit
8-10
..--...---.,
. ,
.
.
-"
,.
(
COUNTY OF SAN DIEGO J
COUNTY O?.E.RATlON5 ,~ENTER
PHONE 2'78-9200, EY,7. S28 or 537
ljfo?J., ~', "
?'''"'C ,
.COUNTY ENGlI..!:EER DEPARTMENT
5555 OVERLAND AVE.. BLDG.2
SAN DIEGO, CAUFOJ~N~A"92i2J'
~, (:
THIS fO;:M WHEN PROPERLY VALIDATED BY Sf.GNATUR~ is. A PERMtT T9 DO THE -WORK DESCRIBED. THE PERMI~ IS VALID FOR A SIX.C6} MONTHS
PERIOD. ALL WORK AUTHORIZED MUST Cc.'a'H::,?RM TO CONDITIONS OUTLINED IN THE SA.N. DIEGO <;:OUtHY EXCAV~ TICN AND GRADING ORDINANCE
DIVISION 7, l"ITL~ 8, OF TH E SAN DIEGO COUNTY CODE. .
GRADING PERMIT
.
"
c
(fOR APPLICANT TO CQMPLET"l
iJA'Tt:.~_ . _ . ,_ REQU.ESTEO ':;'TARTING pATE:. FE~
'7-' 7-"3 8-1 73 PLAN CHEC"
LEGAL DESCRIPTION: (Por4 .-.fhLot No; Mup NG; ctc:.) _ -
See Gra.d~nq J:"lan . . _ ,. . J~~~~Tf irJ5p.
S',TE"ADDRESS: 5 Jn1.1es east of Interstate ~NO..; STRUcT. PLAN cHECK
~. __ 'h;n :i:';: -; n "..~V ' , ,
PERMIl'l'E"'": "J.....1-Id'" l?yr'j-?i7:Jio/~ ~ PAONE:. :Ag5;:J.-M." STRUCT. IN~PECTION '
. . '" .#//If"'U' ~ TBC' ~~;:., .,
. ~NEWAL
~~DR~SS "j/!'~'1 Sri!. ~ ~., California. COST ESilMATE
PLANS BY:. PHO....E: 'T"YlC'L f}.e..,~,IJ
Hark E. Darroucrh 729-8957', =m> ~'~/I',/ r"'lJIl
CASH DEPOSIT
AODRESS 1 'b - 1 ' f .
P.O. Box 845 Car s aa, Ca 1 orn2a
.PROPOSED USE OF GRADED SFTE: '
Nininnof larne nuarrv stone
GRAOfNG BY: PHONE:
Silberberaer Constructors I'nc. ,72'9" 89
AiJC'Rt:.SS 1 l' f '
P.O. Box 845, 'Car sba0, Ca 1 ornla
COM?,\CTE.O FILL: .
NO SLJA SOILS REPORT rdAY BE REQUIRED FOR ^ BLDG. PERMIT"
YESD A COMPACTION REPORT IS REQUIRED. i~.
.SOIl.S ENGR: PHO!'lE::I.:(jU'=~~,:t~"._
Southern Calif.. Testina Laboratorv'~!:; :(.
'~.'IP"RV1S"ED GRADING (lAu",~ be ",up"..vi~od if over 5,(,100 C.y.).,
r~ . . . '..
.;......).11=::1 'r:1' NO b{i .
.-SUPER'.trSIN.G Et~GINEER:
'None
(FOR COUNTY US" ONL Yl
AMOUNT
:) J:1.C:};;..
" :<.CJ7'EC
DA TE REC'O
7-/1-7.3
7-1'7-):3
,
90 tJjjI'J.
711//77
~~~~: :1
O:"~ER ~Ekr:J.r~ H
./. ~'"...' ." I "TI.~' "''''.-,
. :SPECIACLtSe: PE:r:lMl:r.jlO.
7'~LO~.~ P~~~~~N~rt:Ht0J
{, !T.~;'_ ~!:. N~'"1 .. C,
OTHER AGENCY
(SDENTI FYI
,:r :1 !o',"':' . ,
. '<< i . ~f ( ,':t.q:"\: )
~:' ~:!.H:.;:J'~I.'i~''''''''-r
PERMIT N04
PHONE:
ADDRESS
.None
Fi::E
QUANTITY
IMPORTJ
WASTE
CUBIC Y AROSON SITE
'CUT FILL
,
500,000 cyl
I
I
C~l
'"G "~ - f,!.._,f:::;5i
,-. ... 1\"". .-J:.. -
I HEREBY ACKNOWLEDGE THAT I HAVE "EAD THE APPLICATiON AU ' :,'
,-STATE THAT THE INFORMATION I HAVE PROVIDED IS CORRECT AND.; ,.. i9TIerl to Area: _- .
AGREE TO COMPLY WITH ALL COUHTY ORDrNANCES AND SL\ TE LAWS:> . ~ ~
REGULATING EXCA VA TING AND GRAD:NG, AND .HE PROVISIONS AND.r _..:. . .r"
CONDITIONS OF ANY PERMIT ISSUED PURSUANT TO THIS APPUCATlCN~;J.,: 01;+-1=9.-1J73 I.U,
: ' L
, '/ .' .-
/)1:;:" , 91 r ;;~.' '
SIGNATURE O~ PERMITTEE::;.) 1_ ' ',; .,' 4 .. ~ ..--.
OR AU1=HORIZED AGENT ; , 'f. '!r/;. ,"7 I..'. [.;./'
I '/ 7
/'
rHSPEcrrCH
'DATE
iNS PEer OR
(-~"<;.('" 7,"]
'"
J.-/:= r7
'.c e",,"'" C ,J
U-)"_7.3
Plan Approval Doto: -;. /-
RO'Jg/1 Grodin;"
. COdp:lc:ti<>n Roporf R"o::'d
Finot Cl7rtifi"cl,o"
Complc'",.r
,
PERMIT VALIDATtON ' ,
Q/J/~/! <,~
By: ~l~.. t: _ ~ ( !~ .?}o~ ..,....,
D~h:
"
L 1<1 h?
/D'j<i-/.,'
c
(,V
)....."'i _. Fil"
PERMIT NO.
<: l. .l ..' ~ L-/
pormit EXl'ifotioo Dof;,:~-' '....--.< .....
go .c "
~""~l--l.,-!)..,J ['..AoE" ("'"
N!Jp '~:J.-J - . ~ f r:.
... ~. ......... t.. ,J _, ..... 'I
..-,/..,,:. - - . ..'/ I
/7,..'1 . ".'
'('L::.~. ..;..:.:".. ,') '.. __-I'I',r.. ';
"';:r7/...-~ ~.;"''-.''~-~;j.'~:' i
... /\.1' T
fi ~;....I.!".J . "'''':>~-~"'"~';'
. (.:o(..'-I,,).....~ L'
- .-I'.v':.':.
(;.0;;;' _ P<1llT.j'I,;:,~
T <:..~.~.~. '/.; ".'
'. .... / ~J [.~,',_
j}~ ~:.. J (_J: --:.J.: -=-
(
l
. cc:: -cOn~tr...etrcn~ Ccshi-er, Building 11\~{n<;I.iQO'l.
'~IS~r..i~1n9 Er"IIflc:H
F0RM.F.R n2: cp,:;:':V.'1.I7,1-0S101
8-11
Attachment 3 - 1977 County of San Diego Grading Permit
8-12
.,
COUNTY OF SAN DIEGO
COUNTY OPERATIONS !:ENTER
PHONE 278-9200, EXT. 528 or 537.
,. ;>
.
e
,-
.,
GRAD! NG PERMIT
COUNTY ENGINEER DEPARtMEN:T .
5555 OVERLAND AVE., BLDG. 2
SAN OIEGO, CAL1FO~N1A 92123
.: .. ,)
,
. :THIS fORM WHEN PROPERLY. VALJD~~EG'<BY SiGNATURE IS A PERMIT TO DO THE WORK. DESCRIBED. THE PERMIT IS 'vALID FOR A (12) MONTHS
~ERJOD. ALL WORK AUTHORIZED MUST CONFORM TO COND1TIO.NS OUTLINED IN THE SAN DIEGO COUNTY EXCAVATION AND GRADING ORDINANCE,
DIVI~ION 7, TITLE B. OF THE SAN DIEGOCOUNTYCO~E.' '
(FOR APPLICANT TO COMPLE.TE) (FOR COUNTY USE ONLY
E ES ED S. R 0 FEES AMOUNT
PL-A"N CHECK
(
PERMIT
srRuer. PLAir'CHEC!<
C::OS~ ESTIMATE Ie:. '. \.
BOND . \ ~ I~'~
~.^SH DEPOSIT
;l.06(J(j <00
OTH ER PERMITS
SPECIAL USE PERMIT NO.
BLDG, PERMIT NO.
. T. M. NO.
OTHER -'!GEi'iCY
{IDENTIFY}
PERMIT NO.
.)
SP<='CIAL CONDITIONS WHICH ARE MADE A PART OF THIS PERMIT
NO S
ISIN.G ENGINEER:
PHONE:
A/O.E
7E
IMPORT/
WASTE
CUBIC YAROSOH SITE
CUT FILL
NON CoNFcR/YI//f/? S:-f'EC//!/... . Sf?
I HEREBY ACKNOWLEDGE THAT J HAVE READ THE APPLICATION AND
STATE THAT THE INFORMATION I HAVE PROVIDED.IS CORRECT AND
AGREE TO'COMPLY WITH ALL COUNTY 'ORDINANCES AND STATE LAWS
REGULATING EXCAVATING AND GRADING, AND THE PROVISIONS AND
CONDITIONS OF ANY. PERMIT ISSUED. PURSUANT TO THIS APPLICATION.
/'?Et>1
.r
SIGNA TURE OF PERMITTEE
OR AUTHORIZED AGENT
-At?
,
',j
'1
!
INS PECTlON
DATE-
INSPEC.TOR
PI." API"...' D.;.,,~<:J - /1-/9?'8 .
::RMlftRJ,~ D..., 6~>Z'f-77
~.nnit EJIl:pf~lltiQn Dol.."~ I'
fJ olJ13
Rough Gr.;u1i119
C<lmpoction Report R"c'd
Final C.rtlfic:ation
Compl..t~d
PERMIT NO.
Origin<d _' Fi I..
Co?'t' _ p.f1'hirt."
L6844
"'4
';ifi
"."
(,
c:c:: Con-$tTuc:tion, CGshillr, Building I".pecti~,
Supervising Engi""r
l
FOAM ER 732 (REV. 7/7o.aS70) .
8-13
Attachment 4 - Instrument of Credit for Grading, dated July 6, 1977
8-14
j
/
[
, if
.
INSTf(Ul-lIoNT OF CREDIT.
' For Grading
Pursuant to Section 87.208(b)
of 'the San Diego County Code
,1...:1'0 L - 0 t...I' "./'
'r. n f I -iJi l~ . ao -.- 'roCP-. ,.1.1f:.4-"
LV' dJ' , ]...,,~ f'''IC~
~..,u- ~,
8' Do C(\-g.1315J5..
,',?U1YG~ \' ';'!&O~
.., "
11 '\
:\.-....
lYHEREAS,
UNITED ENTERPRISES, INC., 1007 Fifth Avenue, San DiaR'" Calif. 92101 '
" (Permittee)
! '.D.
- - ~ - - - - - - - - - - - - - - - - - - - - - - - , has
filed o:l:~ ",ith the County Engineer of Siln Diego County an upplication
for a pe.rHlit to perform excavation or fill 'work3 or .both, within the unincorporated a~ea
of the County of Sun Diego, more spedfically described in the application for the grad-
ing.p~rmit,. upon real prop"Bx"ty ~:)\Jned'by said permittee knmm as Lots and portions of lots
numbered 32, 33, 34, 35, 36. 37, }8, 39 '& 42, 43. 44 and 45 of the Otay Rancho in the Co. 0
in ac~ordance ,;ith the provisions or the San Diego, County Code; and, " ' ."
\ '<;.. tJ ~'Ii' <,' ';;'.0:::.-0. "/.' .' "',; ,
\;IIEREAS, WELLS FARGO BANK, N..B.A. - 0'-'--' uk:> \ . "~'..,.;"": ' "
....,
,hereinafter referr"ed to as financial institution,. is a financial institution subj ec.t to
regulation by the state or rederal 'gov'ernment and said fi.'1ancial institution by this
instrument of credit pledges tha't the funds specified herein are on deposit in a trust
ftmd and said' funds are ,~aranteed for payment, NO\~ THEREFORE,
/,-
ITlS AGREED by and be--tlveen' the permit'bee' and th~ fina~dal"in~titu-tion;' in order
,to' gille.assurance to the County of San Diegothat:said gradingl:lill.,!>_e completed in
, compliance with the requirements "or Divisioil 7 or, Title 8 of, the San Diego County Code"
in compliance with all terms and conditio~s of th~ grading permit> and within the time
iimit specified in said grading permit; that said financial institut'ion has on deposit
th", sum of $ 20.000.00 , which shall be paid out only as, hereinafter provided.
,
, "
,
The trust fund shall not be terminated by reason of the death, dissolution, in-
solvency; or bankruptcy of the permittee and/or the financial institlltion issuing this
instrument' of credit. The trust fund shall not be terminated and/or cancelled by ,
reason or the, subsequent annexation and/or inCfJ1'poration of any or all, of the real pro-
perty into a city or other public entity., )! ' , '"
. . . . ..:.
'\ '...... .--; - ....
The financial. institution agrees to hold tne money hereinabove pledged to have been
,deposited'in the trust rind, and to make payment from the trust, fund onl,y as follm.;s:
I, In the event that the financial institution receives notice from the
County Engineer or the Board of Supervisors' of the County of San Diego'
that the grading has not been co;npleted in compliance ,;ith the require- "
ments of D.ivision 7 of Title 8 of the Sa'n Diego County Code and the, terms
and conditions of the, grading permit or that the grading has not been ',,, ,-
'complete'd 1-lithiri the time limit specified'in said permit, together with
a demand 'for paymen,t of the money held in the trust f:"1lnd, or any portion
thereof, the rinancia;l irrstitution s,hall pay the amount demanded to'the
County of San Diego, and.pay the ren:aining balance, if any, to the per- : .
mittee~ ..
2. In the event that.th~ fin~ncial institution receives notice from the
County Engineer' or the Board or Supervisors of the County of San Diego
that the gradiTIg has been completed in compliance with the requirements
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of Division 7 of Title 8 of the San Diego County Code and.the terms
,lOd conditions of the grading permit and has been. completed lvithin the
time limit specified ~n the grading permit, together with. a request
for release of the trust fun~> the.financial institution shall pay
the entire amount of the trust fund to the permittee.
authorized and. directed to issue this instn;me~t ';f credit to the County of .
the effect that the undersigned financial instit"ution holds the aforesaid. .',
irrevocable t;-ust [-und for the aforesaid purposes.
You are
Siln Diego to
;U:T.)lmt in an
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Accepted:
Dated:
July 6, 1977
Asst. oTreas.
(STATE R FEDE~~L REGULATED FINANCIAL INSTI~
.. TunON)
COUNTY OF SAN. DIEGO
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By
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.R. .J. '.MASSMAN .
County Engineer
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By
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Ac1.-novledgments or execui60Ji of the permittee
and financial. institution ll\ust be attached.
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5TATE OF c._UFORNH
COUNTY OF_11MLlli:EGO
On~ 6. 1 q77 befete me.
the umll:f:o:i~n~J. .. :-;'olarf Purllie in and for :<aid County and State.
11I:r!>OMIl)" appeared Robert Newell .
known 10 me to lIe: Ihe_~_rre:<iden[. and
Jo.c;"p- B~ek- ", known 10 me :0 be
~5st -.T.r::.eiil.SUil<earary of the corporarion thzl c::r.eruft'd Ihe
""ilhin tn:<lrmnent, l.:nown 10 me to be the i'C,rsons ,,'h? exe",ul~d the
within ln~trumenl on hl"~a1f or the ...orpor~IJOn .lhereln named., a~d
:l.rknowJt'dl=rd 10 me: that such corporatIOn e~~clltcd. the withIn
in~trumC:l'\t pursuanf ro its by.la......s or .a resoluhon. of Its board of
directors.
FOR NOTARY SEAL OR STAMP
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NnlUY Pul/lie in and (or !'<lid COUrlt)' and Stal~
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8-16
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.. ....,,(~,... WELLS FARGO BANK.N.A.
.San Die:;o 650 OFFICE San Die!;o CALIFORNIA. ~
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United EnterpriEies, Inc. * {} *"* * * * * *.* * -~"* * * * * HAS
DEPOSITED IN THIS BANK
~lenty tho;'~~hd'-
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DOLlA,RS $ 20,000.00..
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..,~E TO THE ORDER Of r.mmt.y of' ~An rn pI'n UPON PRESENTATION AND ~URRENOER OF THIS CERTIFIcATE PROPERL
_ ,...$!:.D 9(') rl;ry~ AFTER DATE. IF PRESENTMENTlS NOT MADE WITHIN TEN (10) DAYS AFTER DATE OR ANY SUBSEQUEN .
~,ry DATE. THE MATURllY Of "THIS CERTIFICATE SHALL AUTOMATICALLY BE RENEWED FOR SUCCESSIVE PERIODS OF 90 c:1~r
. :~'$l COMPUTED Ol'l A 365 DAY BASIS FROM oAlE SHALL BE PArD q...2T-l;:'i?....~,. AT THE RATE OF. 5 ~ ~O PERCENT 'PER ANNU
. c :'~'f TO TH~ DEPOSI!OR. THIS BANK ~ESERVES THE RJGKT TO REDEEM THIS CERTifiCATE ON THE ORIGINAL OR 'ANY SUBSEQUENT MATtlR
. ~ ~:>qN AT lEAS~ THIRTY (30l DAYS wnn:EN NOTICE !O THE OWNER OF RECORD PRIOR T HE BEGINNING OF SUCH l;:XTENSION OF MATURITY
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. ,'""CATE OF DEPOSIT - WITH AUTOMATIC
...__ SUBJECT TO CH"CJ: RENEWAL PROViSION
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DEPOSITOR:
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~....... CERTIFICATE NUMBER:
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AGREEMENT FOR
TIME CERTIFICATE OF DEPOSIT - PAYABLE TO: ~o:m+y nf S.", D.ic"v
To: VVELLS FARGO BANK.N..A. ~O~ p;~:1' 15;;0 .om"" I
In consideration of your issuing to the undenigned your Time Certificate of Deposit in the amount of $?O J fYl()~
payable to r-mlTl7;y of ,l:."',;ln Die~o . '. Uvve. jointly atld severally, agree: !
1~ That said Certificate sh..lt mature ---3.D-days after date of is:s~anc:e: - I
2. That, If not redeemed within .10 days.after" maturity, the due date shall be automatically e:t.tended for
liI<:e successive periods; .' . . . .,. r'" d by II
3: That said Certificate and this agreflment _shall be: ~bject "to an~ COnditiOns or Imitations Impose iJ
present .and future lallVS. rule.s and re9~ratlon'S apphcllble 1hereto.. .
4. That said Certificate shall bear rnterest at the rate bof t~.~.() k % p~:n;a~~~r~~~b~~=ie~~v ~~~~~~
~~:~n~~~h{~::~~s~~o~i~~i~~~~\j~~~t~~.~~~~~~o t~e e~te~~ ne~~ssa('{ to comply with any law, rule. or
regulation iJPplic<lble to said Certifi.:atesJ; ~
That this agreement may be terminated upon the bank ing to the ?w~er record, at least 30 days
5. prior to i:!ny maturitY or extended maturity, written .. of cn termma
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Autllorlzed Signature
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Corporate Resolution Dated: see
Date:
Arnount:
Opened by:
Date Cased:
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TtME CERTIFICATE OF DEPOSIT
PAYABLE TO
Co~ty sf ~an Diebo
Zip Coda:
Reason:
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Attachment 5- Covenants Recorded by Rimrock
8-19
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
DECLARATION OF COVENANTS OF OPERATION
This Declaration of Covenants of Operation of the Otay Ranch PitIRock Mountain Mine
("Declaration") is made this _ day of 2008, by Rimrock CA LLC, a Delaware limited liability
company, RR Quarry LLC, a Delaware limited liability company and Otay Valley Quarry LLC, a
Delaware limited liability company (collectively "Declarant").
RECITALS
A. Declarant (also referred to herein as "Rimrock" or "Mining Operator") owns the real
property located in the City of Chula Vista ("City"), County of San Diego, State of California, which is .
more particularly described on Exhibit A (referred to herein as the "Property" or "Vested Future Mining
Area"), and is primarily located within a master planned community commonly known as the Otay Ranch
Proj ect.
B. Declarant owns and operates the Otay Ranch PitIRock Mountain Mine located at the
eastern terminus oflvIain Street, within the City.
C. Declarant conducts mining operations including excavation, materials processing storage
and hauling (all such activities are herein described as "Mining Operations") within the Property.
D. Land located in proximity to the Property is designated within the City's General Plan for
open space, recreation, residential and commercial uses.
E. Declarant desires to establish covenants, conditions and restrictions upon the Property
and each and every portion thereof, which will constitute a standard of operations on the Property and for
the use and enjoyment thereof, and for the purpose of enhancing and protecting the value, desirability and
enjoyment of the Property.
NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Property is,
and shall be, held, conveyed, encumbered, hypothecated, leased, rented, used, occupied and improved
subject to the following limitations,covenants, conditions, and restrictions which are hereby declared and
agreed to be in furtherance of the improvement, use, protection, maintenance and sale of all of the
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Property and all of which are declared and agreed to be for the purpose of enhancing, maintaining and
protecting the value and attractiveness of the Property and every part thereof. All of the limitations,
covenants, conditions, and restrictions, shall run with the land and shall be binding upon an inure to the
. benefit of all parties having or acquiring any right, title, or interest in the Property or any part thereof, and
shall be binding on and inure to the benefit of each successor-in-interest of such parties. Rimrock hereby
declares that all of the Property described on Exhibit "A' shall be subject to this Declaration and has
recorded the Declaration against the Property.
Notwithstanding the foregoing, this Declaration is not deemed effective and shall not have created any
binding covenants, conditions or restrictions unless and until such time as the City has affIrmed the vested
future mining rights of the Otay Ranch PitJRock Mountain Mine within the boundaries of the Property.
In the event, the City fails within thirty (30) days following recordation of this Declaration, to affIrm the
vested future mining rights of the Otay Ranch PitJRock Mountain Mine within the boundaries of the
Property,or the City's affirmation is for whatever reason nullified or overturned such that Declarant is
found to have no vested future mining right, City shall, if requested by Declarant, immediately execute
any and all documents reasonably requested by the Declarant to remove this Declaration as a matter of
title for the Property. In such circumstance, the Declaration shall be considered null and void.
COVENANTS OF OPERATION
AIR QUALITY
I. The Mining Operator shall implement best management practices to reduce the amount of
fugitive dust generated from the Mining Operations, including but not limited to the following measures:
a. Multiple applications of water during grading between dozer/scraper passes.
b. Watering or chemical stabilization of unpaved internal roadways after completion of grading.
/
c. Use of sweepers or water trucks to remove "track-out" at any point of public street access.
d. Termination of grading if winds exceed 25 mph.
e. Stabilization of dirt storage piles by chemical binders, tarps, fencing, or other erosion control
measures.
f. Stock piles of crushed rock shall be kept moist, or watered before being loaded into haul trucks.
g. The unpaved haul roads shall be watered at one hour intervals, ~nless the road appears visibly
wet.
h. Maximum speed of all vehicles on the haul roads shall be IS miles per hour. Speed sign shall
be posted.
i. Material processing equipment shall be operated in accordance with all conditions listed in the
permit to operate the Mining Operation issued by the San Diego Air Pollution Control District.
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NOISE
2. Upon issuance of the building permit for the fIrst residential development within 1,500 feet of an
active Mining Operation or rock crushing activity, a noise mitigation plan shall be completed that
identifIes any mitigation or modifIcations to operations as may be needed to limit noise levels" in order to
be in compliance with the City's Municipal Code standards (19.86.030). . A letter, verifying compliance
with this standard shall be prepared by a qualified acoustician and sent to the City's Director of Planning
and Building for review and approval prior to the occupancy of the fIrst residential unit.
3. Once the fIrst residence is occupied within 1,500 feet from the outer perimeter of an active
Mining Operation, Mine Operators (including mining and processing plant operations) shall confIrm that
noise levels are in compliance with the noise standards set forth in the City's Municipal Code
(19.68.030).
4. An exception to any hours of operation restriction may be made when an emergency exists for
federal, state or local governmental contracts. Emergency extensions are limited and shall require review
and approval by the City's Director of Planning and Building. Any restrictions to hours of operation
would not include real emergencies (natinal disasters) as defIned in California . Environmental Quality
Act, which require these uses to operate beyond the specific hours of operation.
5. Mine equipment maintenance can occur 24 hours per day, as long as such activity 1S m
compliance with the noise standards set forth in the City's Municipal Code (19.68.030).
OPER-\TIONS
6. All storage, service and repair areas shall be located on the site so that they are not visible, or
shall be screened from adjacent development or designated circulation element roadways.
7. On road truck hauling shall be permissible 24 hours per day on designated truck routes.
8. The Property shall be maintained at all times in a neat, manner free of all junk, litter and debris.
9. All private outdoor lighting shall be shaded and adjusted to fall on the same premises where such
lights are located and in accordance with the applicable regulations of the City's Municipal Code.
10. All operations shall be maintained in a safe and sanitary condition. In case of damage to public
improvements of the City caused by these operations, the Mining Operator shall immediately repair the
same or reimburse the City for doing so. Such damages shall be at the full cost, risk and responsibility of
the Declarant and successors in interest.
II. The Mining Operator shall establish and maintain for its Mining Operations a minimum' setback
of 100 feet from the adjoining easterly property line.
12. The Mining Operator shall provide an acceptable fInancial assurance mechanism consistent with
California State Law.
13. The Mining Operator shall install fences and provide warning/trespass signs along the active
Mining Operations to comply with the applicable City Municipal Code. All perimeter fencing shall be
retained until post-reclamation development of the Mining Operation site occurs.
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14. Blasting shall be limited to the hours between 10 a.m. and 4 p.m. Blasting is only allowed after 4
p.m. if required for emergency safety purposes. If blasting is required after 4 p.m., the Mining Operator
shall notify the City.
15. The Mining Operator shall retain a qualified blasting specialist to develop a site specific blasting
program report to assess, control, and monitor noise and ground vibration from blasting, for any
residences located within 1,000 feet of the mining operation.
16. The Mine Operator shall provide public notification of blasting schedule for residents within
1,000 feetofblasting. The Mine Operator shall give a monthly blasting schedule in writing to residences
within 1,060 feet of potential blast locations. The notice shall disclose the anticipated blasting schedule
and provide a contact phone number for the blasting contractor. Unscheduled changes to the blasting
schedule will require the blasting schedule to be reissued no less than (24) hours prior to the blasting.
GEOLOGY/SOILS
17. Should any areas experience sloughing, slumping or other slope failure be'yond the planned limits
of mining, which failure is determined by the City to have been caused by mining activities, those areas
shall be remediated in accordance with design parameters approved by the City. Construction, inspection
and testing of those areas shall be performed by a geotechnical or civil engineer to verify compliance with
the applicable design specifications and shall be paid for by the Mining Operator.
18. The Mining Operator shall implement the Best Management Practices as set forth in the
applicable Storm Water Pollution Prevention Plan, including but not limited to the following:
a. Vegetation removal shall not precede mining by more than 12 months.
b. Straw mulch shall be spread over revegetation areas after seeding/planting.
c. Silt fencing shall be installed near the toe of any fill slopes with exposed (unvegetated) soil.
d. Contour furrows (shallow ditches) shall be constructed or straw wattles (rice straw wrapped
in tubular plastic netting) shall be placed along contour on final graded fill slopes to minimize
runoff velocity and catch seeds transported in runoff.
CUL TURALIP ALENTOLOGICAL RESOURCES
19. In the event that paleontological resources are discovered during land alteration activities, the
mining crew shall immediately cease work in the vicinity of the find. A qualified paleontologist approved
by the City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in
accordance with local and Society of Vertebrate Paleontology guidelines.
20. Should any cultural resources, such as structural features, unusual amounts of bone or shell,
artifacts, human remains, or architectural remains be encountered during any mining activities,. mining
around the discovery shall be suspended and the City notified. A qualified archaeologist approved by the
City shall be consulted to evaluate the resource, and a mitigation plan shall be prepared in accordance
with City ofChula Vista protocol.
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8-23
GENERAL
21. To the extent any provision of this Declaration conflicts with the provisions of any permits or
approvals, from any state, federal, or county agency, including any Reclamation Plan approved by the
City, the more restrictive provisions shall control unless prohibited by law. Notwithstanding any other
provision herein, the Mining Operations shall be subject to and comply with all applicable State and
Federal laws and regulations, as well as, other applicable City Municipal Code Sections pursuant to its
police powers.
22. The consent of the City shall be required for any amendment to this Declaration or any provision
thereof. In the event an amendment is requested, the City shall submit the request to the City Manager for
decision. The City Manager shall approve or disapprove any proposed amendment within thirty (30) days
. .
of submittal of such amendment to the City Manager.
23. The City shall have the right, but not the obligation, to enforce by any proceedings at law or in
equity, all restrictions, conditions, or covenants now or hereafter imposed by this Declaration or any
amendment thereto, including the right to prevent the violation of such restrictions, conditions, or
covenants, and the right to recover damages and attorney fees, for such violation. Failure of the City to
enforce any covenants, or resrrictions herein contained shall in no event deemed a waiver of the right to
do so thereafter.
MSCP CONSISTENCY
24. Immediately upon approval of any reclamation plan and/or reclamation plan amendment,
Declarant shall satisfy the same preserve conveyance requirements for developable lands as set forth in
the Otay Ranch Resource Management Plan Phase 1 and 2 ("RMP") for all areas within the reclamation
plan boundaries as shown conceptually on Exhibit "B," excluding those areas within the Amended
Reclamation Plan Boundary as approved November 3, 2005. Declarant, its successors or assigns, shall
convey land within the RMP Preserve in accordance with the provisions of the RMP at a ratio of 1.188
acres of preserve land for every acre of land within the Reclamation Plan as described above. To the
extent that Declarant or its successors or assigns, obtains future land use approval to develop all or any
portion of the land within an approved reclamation plan(s) with land uses that would otherwise trigger an
RMP preserve conveyance obligation, the preserve lands already conveyed pursuant to this obligation
shall be deemed a credit toward such conveyance obligation or may be used to meet the conveyance
obligation for any other project within Otay Ranch. It is specifically understood that the existing
boundaries of the November 3, 2005 Amended Reclamation Plan Boundary (referred to herein as "rock
quarry") which were not included in the Otay Ranch General Development Plan, are not subject to the
R.t\ilP conveyance obligation described above, provided however, should said rock quarry have a change
in its current vested nonconforming use (the use as of the date of this Declaration) that change in use shall
comply with all applicable City policies, requirements and provisions. Notwithstanding anything stated
herein, Declarant agrees to comply with all provisions related to restoration of preserve lands within the
November 3, 2005 Amended Reclamation Plan Boundary.
25. Declarant, regardless of any rights it may have, shall not conduct any mining activities
whatsoever on land within the Vested Future Mining Area that is designated as Multiple Species
Conservation Program (MSCP) 100% Conservation areas ("Preserve") as shown on Exhibit "C".
Declarant agrees that 'said land shall be governed by the City's Subarea Plan and shall apply for and
receive approval of a preserve boundary adjustment in accordance with the City's MSCP Subarea Plan
prior to any mining activity being conducted within the 100% Conservation areas ("Preserve"). Once said
land has received a boundary line adjustment, then the mining activity may proceed in accordance with an
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8-24
approved Reclamation Plan. Declarant agrees that it shall take responsibility for a breach, if any, to the
City's Implementation Agreement or the MSCP Subarea Plan that results from its activities. This
provision shall not apply to any Preserve land that is already included within the apprqved November 3,
2005 Amended Reclamation Plan Boundary. Immediately upon approval of the Amended Reclamation
Plan, Declarant shall install and maintain bio-fencing around the perimeter of these preserve areas, as
shown on Exhibit "C", until such time as a boundary line adjustment is approved.
26. RMP Consistency: Declarant shall fully comply with all applicable provisions of the RMP, as
may be amended from time to time.
27. MSCP Consistency. In the event that Declarant uses the City's take authorization pursuant to the
City of Chula Vista's MSCP Subarea Plan, Declarant shall fully comply with all applicable provisions of
the MSCP, as may be amended from time to time.
6
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Exhibits
8-26
!EXHIBITI
limits of 1973 Grading Permit A
8-27
I EXHBIBIT I
Vested Future Mining Area
8-28
EXHIBIT "C"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO, 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007,
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334,86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TOTHE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24,55 FEET TO THE BEGINNING OF A 320,00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132,30
FEET; THENCE SOUTH 47'27'56" WEST, 1010,59 FEET TO THE BEGINNING OF A 287,50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAI D CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149,59 FEET; THENCE SOUTH 77016'37" WEST, 503,98 FEET TO THE
BEGINNING OF A 320,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44'38'51" A DISTANCE OF 249,36 FEET; THENCE SOUTH 32'37'46" WEST, 985,58 FEET;
THENCE SOUTH 30'04'17" WEST, 76,51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'08" WEST, 166,57 FEET; THENCE SOUTH 16023'00" EAST, 91,00
FEET; THENCE SOUTH 26000'00" WEST, 62,00 FEET; THENCE SOUTH 69014'00" WEST,
104,00 FEET; THENCE SOUTH 73'13'00" WEST, 109,00 FEET; THENCE NORTH 69'23'00"
WEST, 82,00 FEET; THENCE NORTH 56'22'00" WEST, 31,00 FEET; THENCE SOUTH
80'22'00" WEST, 303,00 FEET; THENCE NORTH 62'25'00" WEST, 59,00 FEET; THENCE
SOUTH 63029'00" WEST, 156,00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET;
THENCE NORTH 80'11'00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169,00
FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47'34'00" WEST, 23,00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77'27'00" WEST, 52,00 FEET; THENCE NORTH
57'49'00" WEST, 59.00 FE'ET; THENCE NORTH 77'50'00" WEST, 125.00 FEET; THENCE
NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65,00 FEET;
PAGE 1 OF 3
:d M:\2409\004\Legal Descrlplions\A01 Vested Mining Rights.doc
WO 2409-04 12/9/08
8-29
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, noo FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86"27'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33,00 FEET; THENCE NORTH 47"17'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110,00 FEET; THENCE NORTH 10048'00" EAST,
106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00"
EAST, 44,00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54,00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56,00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133,00 FEET; THENCE NORTH 60059'00" EAST, 44,00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00". EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245,00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
77,00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20,00 FEET; THENCE NORTH 04004'00" EAST, 49,00 FEET; THENCE NORTH
25022'00" EAST, 50,00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32,00 FEET;
PAGE 2 OF 3
:d M:\2409\004\Legal Descrlptions\AOl Vested Mining Rights.doc
WO 2409-04 12/9/08
8-30
THENCE NORTH 50'02'00" EAST, 91.00 FEET; THENCE NORTH 36'12'00" EAST, 180.00
FEET; THENCE NORTH 33'22'00" EAST, 63.00 FEET; THENCE NORTH 38'05'00" EAST,
146.00 FEET; THENCE NORTH 35'19'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60'01'00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81'49'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67"31'00" EAST, 39.00 FEET; THENCE NORTH 37'23'00" EAST,
68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62'41'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51'57'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10'32'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05'42'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00001'00" WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01'54'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, .150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
/rY~ ad /2-0?-2MtY
DAVID W. AMBLER PLS.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:d M:\24C9\004\Legal DescriptlonslA01 Vested Mining Rights.doc
WO 2409.04 12/9/08
8-31
EXHIBIT
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SAN DIEGO-CORONADO
PIPELINE PER DEED TO
THE CITY OF SAN DIEGO
IN BOOK 570. PAGE T TJ
RECORDED 6-24-T9T~
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HUNSAKER
& ASSOCIATES
S ^ N C lEe 0, I ~ C.
PlANNING 10m f-Iuennekem Stleet
ENaNEERING San Diego, Ca 92111
SURVEYlNG PH{8S8)5SB-4SOO. FX(asa155a.1~14
R:\0676\&:Map\DP Mining Rights SHT 01.dwg()Oec-09-2008: 10:01 'H,O. 25-J66A
8-32
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DETERMINATION BY THE
COUNTY OF SAN DIEGO IN 1980 THAT THE OTA Y
QUARRY OPERATION LOCATED AT THE EASTERN
TERMINUS OF MAIN STREET, CHULA VISTA, WAS A
VESTED LEGALLY NON-CONFORMING USE
WHEREAS, RRQuarry, LLC; Rimrock CA LLC; and Otay Valley Quarry LLC (referred
to collectively as "Rimrock") own and'operate the Otay Ranch PitIRock Mountain Mine, located
at the eastern terminus of Main Street; and
WHEREAS, the mine was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City ofChula Visa in 1997; and
WHEREAS, the County issued a Grading Permit (L6844), dated October 19, 1973, to
conduct mining operations, however the permit did not specify the property subject to excavation
but referred to the legal description in the grading plan to provide the legal description of the
land under the permit, this land is depicted on Exhibit "A"; and
WHEREAS, the County transferred Grading Permit L6844 to the new owners of the
mining operation on August 24, 1977, which stated that the Permit was issued for a
"nonconforming special use" and once again, the 1977 Grading Permit referred to the Grading
Plan to provide the legal description ofthe land under the 1977 Permit; and
WHEREAS, the new owners provided an instrument of credit for the 1977 Grading
Permit that covered the same area described on the Grading Plan referred to by the 1973 and
1977 Grading Permit; and
WHEREAS, on August IS, 1980, the County Planning Commission approved a
Reclamation Plan for the mining operation covering portions of the land depicted on Exhibit "A"
and all of the area shown on "Exhibit "B" and in its decision 'affirmed that the mining operation
was a legal nonconforming use; and
WHEREAS, the California Surface Mining and Reclamation Act of 1976, California
Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a
mining operation if either a permit or other authorization was required for such activity and it
was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was
pursuant to an existing legal nonconforming use as of January 1, 1976; and
WHEREAS, Rimrock contends that they have a vested right, under SMARA, to mine the
property that is depicted as the "Vested Future Mining Area" on Exhibit" B" because of the
1973 Grading Permit issued by the County and because mining operations commenced in or
around 1948; and
J:\AttomeyIRESOLUTIONSIPLANi'lINGWesled Rights final_\2.16.08_dQc
8-33
Resolution No. 2008-
Page 2
WHEREAS, Rimrock is requesting that the City Council affirm the County's decision
that it has a legal nonconforming use with respect to only the area depicted as the "Vested Future
Mining Area" on Exhibit "B", which is smaller than the area covered under the 1973 and 1977
Grading Permits but is within all of the area covered under the 1980 County Planning
Commission's decision of vested use; and
WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to
operate and expand its mining operations on any property other than that area shown as the
"Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C"; and
WHEREAS, a noticed public hearing was held on December 16, 2008, and evidence of
the County's determination of Rimrock's vested right to operate a mine was presented to the City
Council; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") arid has determined
that the activity is not a Project as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060 (c )(3) of the State CEQA Guidelines the activity is not
subject to CEQA, so no environmental review was necessary.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula that it
affirms the County of San Diego's determination that Rimrock's mining operation over the area
depicted on Exhibit "B" and legally described on Exhibit "C", attached hereto and incorporated
herein by this reference, was a legal nonconforming use under SMARA, provided however, any
and all mining activities shall be subject to all applicable State and Federal laws and regulations,
as well as, other applicable City Municipal Code provisions pursuant to its police powers.
Presented by:
Approved as to form by:
L-/"~d L~)~
Bart C. Miesfeld !/
City Attorney
Gary Halbert, AICP
Director of Planning & Building
J:\Attomey\RESOLUTIONS\PLANNrNG\Vested Rights Final_12. \6.08.dac
8'-34
I EXHAIBIT I
limits of 1973 Grading Permit
8-35
I EXHBIBITI
Vested Future Mining Area
8-36
EXHIBIT "C"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL'1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEG.INNING OF A 287.50
FOOT RADIUS. CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID Cl)RVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91,00
FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 109.00 FEET; THENCE NORTH 69023'00"
WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31,00 FEET; THENCE SOUTH
80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60,00 FEET;
THENCE NORTH 80011'00" WEST, 135,00 FEET; THENCE NORTH 84025'00" WEST, 169.00
FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47'34'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52,00 FEET; THENCE NORTH
57'49'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE
NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF 3
:d M:\2409\004\Legal Oescrlptions\A01 Vested Mining Rights.doc
WO 2409-04 1219108
8-37
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
FEET; THENCE NORTH 23005'00" EAST, 80,00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 7700 FEET; THENCE NORTH 49013'00" WEST, 125,00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128,00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,'
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35,00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145,00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63,04 FEET;
THENCE SOUTH 64005~00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55,78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47017'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110,00 FEET; THENCE NORTH 10048'00" EAST,
106.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021'00"
EAST, 44,00 FEET; THENCE NORTH 24038'00" EAST, 503,00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56,00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET;THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60059'00" EAST, 44,00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94,00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
77,00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:\2409\004\Legal Descrjptions\J1.01 Vested Mining Rights.doc
WO 2409-04 12/9/08
8-38
THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST, 180.00
FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,.
146.00 FEET; THENCE NORTH 35'19'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41.00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81'49'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67"31'00" EAST, 39.00 FEET; THENCE NORTH37023'00" EAST,
68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62041'00" EAST, 2800FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35,00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127,00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227-00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
/~~ aIL /2.o~.z~o8
DAVID W. AMBLER P,L.S, 7322 .
HUNSAKER & AssociATES SAN DIEGO, INC.
PAGE 3 OF 3
:d M:\2409\004\Legal Descrlptions\A01 Vested Mining Rights.doc
'NO 2409-04 12/9/06
8-39
EXHIBIT "C"
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SAN DIEGO-CORONADO
PIPELINE PER DEED TO
THE CITY OF SAN DIEGO
IN BOOK 570, PAGE 113
RECORDED 6-24-1912
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HUNSAKER
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S ... N 0 lEe 0, I H C:
I'lANN1NG 10m f-tucrrnekem Stlel.!t
fNQNEERING San Diego, Ca 92121
SUl\VEYlNG PH(BS8)S.'iil-4500. FX(as.8)55lI-14H
R: \0676\&:Mop\DP Mining Rights SHT 01.dwg[ ]Oec-09-2008: 10: 01 W.O. 25-366A
8-40
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AI'~ INDEMNIFICATION AJ'ID
RELINQUISHN1ENT OF RIGHTS AGREEMENT BY AND
BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA
LLC
WHEREAS, Rimrock CA LLC, RR Quarry, LLC and Otay Valley Quarry LLC (referred
to collectively as "Rimrock") own and operate the Otay Ranch Pit/Rock Mountain Mine, located
at eastern terminus of Main Street; and
WHEREAS, the mine was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City ofChula Visa in 1997; and
WHEREAS, the County issued Rimrock a Grading Permit (16844), dated October 19,
1973, to conduct mining operations, ho~ever the permit did not specify the property. subject to
excavation but referred to the legal description on the grading plan to provide the legal
description of the land under the permit; and
WHEREAS, the County transferred Grading Permit L6844 to the new owners of the
mining operation on August 24, 1977, which stated that the Permit was issued for a
"nonconforming special use" and once again, the 1977 Grading Permit referred to the legal
description on the Grading Plan to provide the legal description of the land under the 1977
Permit; and
WHEREAS, the new owners provided an instrument of credit for the 1977 Grading
Permit that covered the same area described on the Grading Plan referred to by the 1973 and
1977 Grading Permit (Exhibit A); and
WHEREAS, on August IS, 1980, the County Planning Commission approved a
Reclamation Plan for the mining operation for portions of the area identified under the 1973 and
1977 Grading Permits and in its decision affirmed that the mining operation was a legal
nonconforming use; and
WHEREAS, the California Surface Mining and Reclamation Act of 1976, California
Public Resource Section 2776, ("SMARA") provides that a vested right may be acquired for a
mining operation if either a permit o~ other authorization was required for such activity and it
was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was
pursuant to an existing legal nonconforming use as of January I, 1976; and
WHEREAS, Rimrock contends that they have a vested right to mine under SMARA by
the 1973 Grading Permit issued by the County and because Rimrock commenced mining
operations in or around 1948; and
J:;Allomey\RESOLUT10l"'S'PLA:'Il,aNG\V""led Rights Indemnity Final_I:. \6.08.doe
8-41
Resolution No. 2008-
Page 2
WHEREAS, Rimrock requested that the City Council affirm the County's decision that it
has a legal nonconforming use with respect to only a portion of the area covered under the 1973
and 1977 Grading Permits but is within all of the area covered under the 1980 County's Planning
Commission determination of vested use; and
WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to
operate and expand its mining operations on any property other than that area shown as the
"Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C" attached to
this Resolution; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") and has determined
that the activity is not a Project as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA, so no environmental review was necessary.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula that it
approves the Indemnification and Relinquishment of Rights Agreement dated December 16,
2008, by and between the City of Chula Vista and Rimrock CA LLC, RR QuarryLLC, and Otay
Valley Quarry, LLC.
Presented by:
Approved as to form by:
Gary Halbert, AICP
Director of Planning & Building
V~~lLf~~
Bart C. Miesfeldt
City Attorney
J:\Anomey\RESQLUTIONSIPLANNlNGWeslcd Rights Indemnity Final 12.16.08.doc
- 8-42
I EXHIBIT I
limits of 1973 Grading Permit A
8-43
I EXHIBIT I
Vested Future Mining Area B .
8-44
EXHIBIT "C"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL MAP NO. 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18039'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY.
SIDELINE SOUTH 71009'11" WEST, 24.55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23041'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47027'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29048'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77016'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44038'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32037'46" WEST, 985.58 FEET;
THENCE SOUTH 30004'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84011'08" WEST, 166.57 FEET; THENCE SOUTH 16023'00" EAST, 91.00
FEET; THENCE SOUTH 26000'00" WEST, 62.00 FEET; THENCE SOUTH 69014'00" WEST,
104.00 FEET; THENCE SOUTH 73013'00" WEST, 1 09.00 FEET; THENCE NORTH 69023'00"
WEST, 82.00 FEET; THENCE NORTH 56022'00" WEST, 31.00 FEET; THENCE SOUTH
80022'00" WEST, 303.00 FEET; THENCE NORTH 62025'00" WEST, 59.00 FEET; THENCE
SOUTH 63029'00" WEST, 156.00 FEET; THENCE NORTH 72056'00" WEST, 60.00 FEET;
THENCE NORTH 80011 '00" WEST, 135.00 FEET; THENCE NORTH 84025'00" WEST, 169.00
FEET; THENCE NORTH 58056'00" WEST, 198.00 FEET; THENCE NORTH 78009'00" WEST,
100.00 FEET; THENCE NORTH 47034'00" WEST, 23.00 FEET; THENCE SOUTH 59030'00"
WEST, 59.00 FEET; THENCE NORTH 77027'00" WEST, 52.00 FEET; THENCE NORTH
57"49'00" WEST, 59.00 FEET; THENCE NORTH 77050'00" WEST, 125.00 FEET; THENCE
NORTH 28005'00" WEST, 44.00 FEET; THENCE NORTH 15049'00" WEST, 65.00 FEET;
PAGE 1 OF 3
:d M:\2409\004\Legal Descrlptions\A01 Vested Mining Rights.doc
WO 2409-04 1219/08
8-45
THENCE NORTH 57045'00" WEST, 41.00 FEET; THENCE NORTH 71055'00" WEST, 29.00
. FEET; THENCE NORTH 23005'00" EAST, 80.00 FEET; THENCE NORTH 57022'00" WEST,
85.00 FEET; THENCE NORTH 61009'00" WEST, 80.00 FEET; THENCE NORTH 64008'00"
WEST, 77.00 FEET; THENCE NORTH 49013'00" WEST, 125.00 FEET; THENCE NORTH
54003'00" WEST, 112.00 FEET; THENCE NORTH 58053'00" WEST, 133.00 FEET; THENCE
NORTH 56000'00" WEST, 323.00 FEET; THENCE NORTH 57019'00" WEST, 92.00 FEET;
THENCE NORTH 54038'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE lEVING SAID WESTERLY LINE NORTH 12002'00" WEST, 126.50
FEET; THENCE NORTH 24057'00" EAST, 84.00 FEET; THENCE NORTH 18025'00" EAST,
191.12 FEET; THENCE NORTH 06020'00" EAST, 261.95 FEET; THENCE NORTH 16017'00"
EAST, 35.00 FEET; THENCE SOUTH 17018'00" EAST, 111.00 FEET; THENCE NORTH
83022'00" EAST, 145.00 FEET; THENCE NORTH 87014'00" EAST, 116.00 FEET; THENCE
SOUTH 28050'00" EAST, 23.00 FEET; THENCE SOUTH 10057'00" EAST, 63.04 FEET;
THENCE SOUTH 64005'00" EAST, 16.46 FEET; THENCE SOUTH 64005'00" EAST, 23.50
FEET; THENCE SOUTH 88039'00" EAST, 43.00 FEET; THENCE NORTH 76059'00" EAST,
19.00 FEET; THENCE NORTH 20050'00" EAST, 107.00 FEET; THENCE SOUTH 86027'00"
EAST, 42.00 FEET; THENCE SOUTH 77047'00" EAST, 54.00 FEET; THENCE SOUTH
70025'00" EAST, 55.78 FEET; THENCE SOUTH 59029'00" EAST, 45.36 FEET; THENCE
NORTH 89012'00" EAST, 33.00 FEET; THENCE NORTH 47"17'00" EAST, 27.00 FEET;
THENCE NORTH 29007'00" EAST, 116.00 FEET; THENCE NORTH 22012'00" EAST, 132.00
FEET; THENCE NORTH 17040'00" EAST, 110.00 FEET; THENCE NORTH 10048'00" EAST,
1 06.00 FEET; THENCE NORTH 50049'00" EAST, 110.00 FEET; THENCE NORTH 38021 '00"
EAST, 44.00 FEET; THENCE NORTH 24038'00" EAST, 503.00 FEET; THENCE NORTH
16044'00" EAST, 54.00 FEET; THENCE NORTH 02010'00" EAST, 35.00 FEET; THENCE
NORTH 18055'00" WEST, 56.00 FEET; THENCE NORTH 26050'00" WEST, 71.00
FEET;THENCE NORTH 14014'00" WEST, 63.00 FEET; THENCE NORTH 03038'00" WEST,
133.00 FEET; THENCE NORTH 60059'00" EAST, 44.00 FEET; THENCE NORTH 37010'00"
EAST, 112.00 FEET; THENCE NORTH 17012'00" EAST, 62.00 FEET; THENCE NORTH
24029'00" EAST, 94.00 FEET; THENCE NORTH 32044'00" EAST, 120.00 FEET; THENCE
NORTH 35007'00" EAST, 245.00 FEET; THENCE NORTH 34014'00" EAST, 51.00 FEET;
THENCE NORTH 19034'00" EAST, 45.00 FEET; THENCE NORTH 04058'00" EAST, 35.00
FEET; THENCE NORTH 07025'00" WEST, 36.00 FEET; THENCE NORTH 14045'00" WEST,
77.00 FEET; THENCE NORTH 21022'00" WEST, 191.00 FEET; THENCE NORTH 11001'00"
WEST, 20.00 FEET; THENCE NORTH 04004'00" EAST, 49.00 FEET; THENCE NORTH
25022'00" EAST, 50.00 FEET; THENCE NORTH 41041'00" EAST, 25.00 FEET; THENCE
NORTH 56017'00" EAST, 238.00 FEET; THENCE NORTH 42023'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M:12409\004\Legal Oescriptions\l\01 Vested Mining Rights.doc
WO 2409-04 12/9/08
8-46
THENCE NORTH 50002'00" EAST, 91.00 FEET; THENCE NORTH 36012'00" EAST,180.00
FEET; THENCE NORTH 33022'00" EAST, 63.00 FEET; THENCE NORTH 38005'00" EAST,
146.00 FEET; THENCE NORTH 35019'00" EAST, 133.00 FEET; THENCE NORTH 50029'00"
EAST, 78.00 FEET; THENCE NORTH 60001'00" EAST, 41,00 FEET; THENCE SOUTH
74023'00" EAST, 117.00 FEET; THENCE SOUTH 62052'00" EAST, 296.00 FEET; THENCE
SOUTH 83001'00" EAST, 32.00 FEET; THENCE SOUTH 89004'00" EAST, 120.00 FEET;
THENCE NORTH 81049'00" EAST, 109.00 FEET; THENCE NORTH 75010'00" EAST, 75.00
FEET; THENCE NORTH 67031'00" EAST, 39.00 FEET; THENCE NORTH 37023'00" EAST,
68.00 FEET; THENCE NORTH 16054'00" EAST, 42.00 FEET; THENCE NORTH 00055'00"
EAST, 67.00 FEET; THENCE NORTH 30007'00" EAST, 22.00 FEET; THENCE NORTH
62041'00" EAST, 28.00 FEET; THENCE NORTH 70056'00" EAST, 57.00 FEET; THENCE
NORTH 51057'00" EAST, 23.00 FEET; THENCE NORTH 38035'00" EAST, 26.00 FEET;
THENCE NORTH 10032'00" WEST, 72.00 FEET; THENCE NORTH 15005'00" WEST, 114.00
FEET; THENCE NORTH 05042'00" EAST, 81.00 FEET; THENCE NORTH 43048'00" EAST,
100.00 FEET; THENCE NORTH 00001 '00" WEST, 297.00 FEET; THENCE NORTH 09024'00"
WEST, 30.00 FEET; THENCE NORTH 01054'00" EAST, 57.00 FEET; THENCE NORTH
16010'00" EAST, 35.00 FEET; THENCE NORTH 26059'00" EAST, 35.00 FEET; THENCE
NORTH 40054'00" EAST, 55.00 FEET; THENCE NORTH 53023'00" EAST, 25.00 FEET;
THENCE NORTH 64040'00" EAST, 127.00 FEET; THENCE NORTH 57033'00" EAST, 92.00
FEET; THENCE NORTH 51054'00" EAST, 227.00 FEET; THENCE NORTH 16008'00" EAST,
88.00 FEET; THENCE NORTH 07019'00" EAST, 43.00 FEET; THENCE SOUTH 73010'00"
WEST, 150.00 FEET; THENCE NORTH 84055'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49034'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
/~~ dd /2-o~-2<Jo8
DAVID w. AMBLER P.L.S.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:d M:\2409\004\Legal Descriptions\A01 Vested Mining Rights.doc
WO 2409-04 12/9108
8-:-47
EXHIBIT "e"
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HUNSAKER
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PlANNING 1017"1 HI.leI1lle.kern: Stleet
fNGINmtNG San Diego, Ca 92121
SURVEYING PH(asa)Ssl!-4soo. FX(asa1558.1414
R\0675\kMap\DP Mining Righls SHT OI,dwg(]Dec-Q9-2008: 10:0i W.O. 25-365A
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SAN DIECO-CORONADO
PIPELINE PER DEED TO
THE CITY OF SAN DIECO
IN BOOK 570. PACE //3
RECORDED 6-24-/912
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THE ATTACHED 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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Barte. Miesfeld Ci
City Attorney
Dated:
/&/11/031
Indemnification and Relinquishment
of Vested Rights Agreement between
Rimrock CA, LLC, RR Quarry, LLC,
Otay Valley LLC, and the
City of Chula Vista
!
8-49
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
INDEMNIFICATION and RELIQUISHMENT OF VESTED RIGHTS AGREEMENT
This Indemnification and Relinquishment of Rights Agreement ("Agreement") is entered
into to be effective as of December 16, 2008, by and between Rirnrock CA, LLC, a Delaware
limited liability company, RR Quarry, LLC, a Delaware limited liability company and Otay
Valley LLC, a Delaware limited liability company (referred to herein collectively as "Rimrock")
and the City of Chula Vista, a political subdivision of the State of California ("City").
RECITALS
A. Rimrock owns the real property located in the City as more particularly described and
shown on Exhibit "A" (the "Property"), which is located within a master planned community commonly
known as the Otay Ranch Project.
B. Rimrock owns and operates the Otay Ranch PitIRock Mountain Mine ("Mine") located
on tbe Property at the eastern terminus of Main Street, within the City.
C. The Property was originally located within the jurisdiction of the County of San Diego
("County") and was annexed into the City in 1997.
D. Rimrock contends that it has a vested right to operate and expand its mining operations
within portions of the Property, described as the "Vested Future Mining Area" on Exhibit "B".
E. Rimrock has provided the City with the following information, along with other
evidence, to substantiate its claim that it has a legal non-conforming use to operate a mine within the
Future Mining Area:
8-50
. On October 19, 1973, the County issued Grading Permit L6844 to conduct
mining operations. The Grading Permit did not specify the property subject 'to
excavation but referred to a grading plan to provide the legal description of the
land under the permit. The Grading Plan was also designated L6844.
. In 1977, Grading Permit L6844 was transferred to the new owners of the mining
operations. The re-issued grading permit, dated August 24, 1977, stated that it
was issued for a "nonconforming special use." Once again, the 1977 Grading
Permit referred to the Grading Plan to provide. the legal description of the land
under the 1977 Permit.' New security was posted for the 1977 Grading Permit
which covered the same property described in the Grading Plan for the 1973 and
1977 Grading Permits.
. On August 15, 1980, the County's Planning Commission approved a
Reclamation Plan for the mining operations. In its decision, the Planning
Commission confirmed that the mining operation was a legal nonconforming use
and the Reclamation Plan described the property to which the Reclamation Plan
applied, which property description included all of the Vested Future Mining
Area.
F. Rimrock has requested that the City affirm the County's determination that it has a vested
mining right to operate and expand its mining operations within the Vested Future Mining Area in order
to provide clarity with respect to its rights to mine within the Vested Future Mining Area.
G. The City considered Rimrock's request to affirm the County's determination that it has a
vested mining right to operate and expand its mining operations within the Vested Future Mining Area in
order to provide Rimrock with clarity with respect to said rights.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, Rimrock and City agree as follows:
ARTICLE 1
Indemnification
1.1. Indemnification. Rimrock and each of the property owners for which this Agreement is recorded
against (said Property described on Exhibit "A" and jointly referred to in this paragraph as "Indemnitor")
shall solely and jointly be responsible to defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against any and all claims, causes of action, demands, suits,
actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages,.
liability, cost and expense (including without limitation attorneys' fees) arising out of, connected with or
incidental to the City's actions in affirming .the County's determination with respect to its vested rights as
a legal nonconforming use or from any and all City action, conduct or matter arising therefrom or related
thereto,
8-51
1.2. Defense. Inderrmitor's inderrmification shall include any and all costs, expenses, attorneys' fees
and liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Further, Indemnitor, at its own expense, shall upon written
request by the City, defend any such suit or action brought against the City, its officers, agents or
employees. Upon Inderrmitee exercising such option to tender a defense, Indemnitee shall reasonably
cooperate in the defense of such action. At its sole discretion, the City may participate, at its own expense,
in the defense of any such action, but such participation shall not relieve Indemnitor of any obligation
imposed by this Agreement. If the City decides not to tender its defense .to Indemnitor, City and
Indemnitor each agree to reasonably cooperate with each other in the defense of such action. City shall
have the right to propose to end litigation by settlement. City agrees to notify the Indemnitor of its desire
to settle. Each party shall cooperate in good faith in any said settlement negotiations. Notwithstanding
the foregoing, the City shall have the to settle with respect to its involvement in any such litigation
provided however the Inderrmitor may continue to pursue its rights as a party to the litigation and
Indemnitor shall have the same obligations to indemnify the City pursuant to this paragraph. In no ev~nt
however, shall the City have the right to enter into a settlement agreement that would specifically give up
any property right or vested right owned by Inderrmitor or its related entities without Inderrmitor's written
approval. Nothing herein shall obligate the City to grant or exercise its discretion on any matter which
the City has a right to exercise such discretion, in order to implement the terms and conditions of a
settlement agreement.
ARTICLE 2
Relinquishment of Rights
2.1. Relinquishment of Ri"hts. Rimrock agrees to waive and relinquish any claims to vested rights it
may have as a legal nonconforming use to operate and expand mining operations or any other related
activities, including operating a quarry or processing plant within any portion of the Property other than
that portion described as the Vested Future Mining Area on Exhibit "8".
2.2. General Release. Rimrock acknowledges the risk that, subsequent to the execution of this
Agreement, claims which were unknown or unanticipated may be discovered, incurred or suffered,
including but without limitation, unknown or unanticipated claims which if known may have materially
affected the decision to enter into this Agreement. Rimrock nonetheless desires to enter into this
Agreement and hereby waives, relinquishes and discharges any such claim, and waives, relinquishes and
discharges all rights under Section 1542 of the Civil Code of California. It is further understood and
agreed that all rights under Section 1542 ofthe Civil Code of California and any similar law of any state
or territory of the United States or other jurisdiction are hereby expressly waived. Said section reads as
follows:
1542. GENERAL RELEASE - CLAIMS EXTINGUISHED. A
GENER<\L RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT Kt~OW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
8-52
WHICH IF KNOWN BY IDM MUST HAVE MATERIALLY
AFFECTED IDS SETTLEMENT WITH THE DEBTOR.
ARTICLE 3
General Provisions
3.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of
the State of California:
3.2. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this
First Amendment is approved by the City Council.
3.3. 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.
3A Entire Agreement. This Agreement embodies the entire agreement and understanding between
the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, Entitlements, understandings and/or statements shall be of no force and
effect.
3.5. Recitals. Exhibits. The recitals set forth above and the attached exhibits and Diagrams are
incorporated by reference into this Agreement.
3.6. 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 actions or agreements have been taken so as to enable said
signatory to enter into this Agreement on behalf of and to bind the real property owners for which this
Agreement shall be recorded against.
8-53
SIGNATURE PAGE TO THE IDEMNIFICATION A..ND RELINQUISI-livIENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first set forth above.
Date: December 16, 2008
CITY OF CHULA VISTA
By:
Name:
Title:
Date: December 16, 2008
RIMROCK CA, LLC
By:
Name:
Title:
8-54
Date: December 16, 2008
RR Quarry, LLC
By:
Name:
Title:
Date: December 16,2008
Otay Valley Quarry, LLC
By:
Name:
Title:
8-55
EXHIBITS
Exhibit A
the Property (Legal Description)
Exhibit B
Vested Future Mining Area (Legal Description)
8-56
EXHIBIT" A"
LEGAL DESCRIPTION
f' - :;"7