HomeMy WebLinkAbout2009/12/08 Item 4
CITY COUNCIL
AGENDA STATEMENT
~ (Ie.. ClIT OF
.....1_ (HUlA VISTA
12/08109, ItemL
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERlNG: (1) THE SUMMARY VACATION OF
THE OPEN SPACE EASEMENT IDENTIFIED IN COUNTY
DOCUMENT NO. 2001-0272342; AND (2) ABANDONMENT OF
THE RIGHT TO ACCEPT THE IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST IDENTIFIED IN COUNTY
DOCUMENT NO. 2001-0272343
DEVELOPMENT SERVICES DIRECT~ DEPUTY CITY
MANAGER
CITY MANAGE~
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES 0 NO ~
SUMMARY
In 2001, Otay Project LP granted an Irrevocable Offer of Dedication of Fee Interest for open
space and other public purposes for 824.8 acres and an Open Space Easement for 254.71 acres to
the Otay Ranch Preserve Owner Manager (POM) (a Joint Powers Authority comprised of the
City of Chula Vista and the County of San Diego), to satisfy the Otay Ranch Preserve
Conveyance Obligation.
Otay Project LP has requested that the City vacate the Open Space Easement and abandon its
right to accept the IOD, in exchange for a grant deed for property of equal acreage, but in a
different location within the limits of the Resource Preserve.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actions for compliance with
the California Environmental Quality Act (CEQA) and has determined that these actions qualify
for a Class 5 categorical exemption pursuant to Section 15305 (a) [Minor Alterations in Land
Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is
necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
On October 28, 1993, the City Council of the City Chula Vista and the San Diego County Board
of Supervisors jointly adopted the Otay Ranch General Development Plan/Sub-regional Plan
(GDP/SRP), including the Otay Ranch Phase 1 Resource Management Plan (Phase 1 RMP). As
part of the findings of the Environmental Impact Report for the Otay Ranch GDP, it was
determined that a Resource Preserve had to be created to mitigate biological impacts of the Otay
Ranch Project. The land for the Resource Preserve had to possess open space, wildlife and
habitat values of greater importance to the people of the County of San Diego and the State of
California.
On 1996, the County of San Diego adopted the Otay Ranch Preserve Conveyance Plan, which
identified specific open space areas within Otay Ranch that had to be conveyed to the POM as a
condition of the development of a portion of the Otay Ranch GDP. In the same year, the City of
Chula Vista adopted the Otay Ranch Phase 2 Resource Management Plan (Phase 2 RL\1P),
including a Preserve Conveyance Plan essentially identical to the Otay Ranch Preserve
Conveyance Plan adopted by the County.
In 2001, as a condition of approval for the final maps for Otay Ranch Village One: Phase 18,
2B, and 4, Otay Project LP ("Developer") was required to convey 1,079.5 I-acres to the Resource
Preserve. The conveyance of the land, located entirely within the unincorporated area of the
County, in the area of Village 13, was done with the following documents:
1. Open Space Easement Deed (Document No. 2001-0272342-see Attachment "A") that
conveyed 254.71 acres to the City and the County (the "Easement").
2. Irrevocable Offer of Dedication of Fee Interest (Document No. 2001-0272343-see
Attachment "B") that conveyed 824.8 acres to the City and the County (the "IOD").
Currently, Otay Project LP is processing an application for approval of Otay Ranch Village 13
with the County of San Diego, which project includes within its boundaries the IOD and
Easement referenced above. In conversations with County Staff, the Developer has concluded
that it would be beneficial for all parties involved to vacate the IOD and Easements in exchange
for a Grant Deed for the same amount of acreage in a different area, within the Resource
Preserve. The main reasons for the exchange in land are:
. Possible Savings to the POM. The San Diego Wildlife Refuge ("Refuge") and United
States Bureau of Land Management have indicated a preliminary willingness to
incorporate much of the Preserve, including portions of the Preserve land subject to the
IOD and the Easement, into the boundaries of the Refuge so as to relieve the POM of any
further responsibility for its maintenance and monitoring. In order to accomplish this, the
Retuge has requested that the IOD and Easement be removed as matters of title.
. The Preserve land encumbered by the IOD and Easement could be used to satisfy the
Preserve Conveyance Obligation for Village 13. County Planning staff prefers that the
Preserve land to be conveyed as a requirement to Village 13 be within the boundaries of
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the Village. The vacation of the 100 and Easement by the City of Chula Vista will leave
this area available to satisfy the Village 13 Preserve Conveyance Obligation.
In October of this year, the Applicant requested that .the paM vacate the Easement and abandon
its right to accept the laD (see Attachment "D"). In exchange, Otay Project LP will grant to the
City and County, equal acreage of the Preserve land within the limits of the Resource Preserve
(see Attachment "E," Grant Deed).
Part 3 (commencing with Section 8300) of Division 9 of the California Streets and Highways
Code ("Public Streets, Highways, and Service Easements Vacation Law"), at Chapter 4, provides
the authority and procedures for the summary vacation of public service easements. Government
Code Section 7050 authorizes the abandonment of the right to accept an irrevocable otTer of
dedication in the same manner. Section 8333 of the Public Streets, Highways, and Service
Easements Vacation Law specifically allows for summary vacation proceedings when an
easement has been superseded by relocation, and there are no other public facilities located
within the easement. The existing Open Space Easement and laD will be superseded by
relocation to the replacement property; and City staff has determined that there are no public
facilities within the easement. Accordingly, the City Council may vacate the easement and
abandon its right to accept the laD by adoption of a resolution of vacation stating all of the
following: .
I. That the vacation is made under Section 7050 of the California Government Code and
Chapter 4 of the Public Streets, Highways, and Service Easements Vacation Law,;
2. The name or other designation of the easement and a precise description of the portion
vacated (see Attachments A, B, and C);
3. The facts under which the vacation is made; and,
4. That from and after the date the resolution is recorded, the Easements and 100 vacated
no longer constitutes an open space, street, highway, or public service easement.
DECISION MAKER CONFLICT
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 the subject of this action.
CURRENT FISCAL IMPACT: None to the City. Developer is responsible for all costs
associated with the vacation of the 100 and Easements and the acceptance of the new property
by the grant deed.
ONGOING FISCAL IMPACT The maintenance of the Preserve Area is the responsibility of
the paM, which is funded via assessments collected by the City on the tax roll. The vacation of
the laD and Easements for the exchange of the open space will not create additional
maintenance costs given that the swap of land is within the boundaries of the Otay Ranch
Preserve Conveyance Plan; furthermore, the vacation will not impact the administration of the
district or the collection of the district assessments.
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ATTACHMENTS
Attachment A: Open Space Easement Deed (Document No. 2001-0272342)
Attachment B: Irrevocable Offer of Dedication of Fee Interest (Document No. 2001-0272343)
Attachment C: Easement for Access Purposes (Document No. 2001-0272344)
Attachment D: Application to the City of Chula Vista to Vacate Preserve IOD and Easements
Attachment E: Grant Deed for the Replacement of the Open Space Lots
Attachment F: Developer's Disclosure Statement
Prepared by: Sandra Hernandez, Associate Engineer, Development Services Dept.
H:\ENG!NEERIAGENDAICAS2009\!2-08-09\Vacation of lOD & Easement_V! 31A! J3_Vacation lOD & Easement
V13.doc
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2001.0272342
RECORDING REQUESTED BY, AND
WHEN RECORDED, PLEASE
RETURN THIS INSTRUMENT TO:
ATTAC.~MENT IiA"
DOC # 2001-0272342
May
11199
O~. 2001 3:36
(fFICIIt Iiffm)S
SAil DIEGO lllHfy REamR'S (FfICE
GRElIR'I J. ~ITH, lllMY REClROCR
FEES: 0.00
II: NA
PM
City Clerk
City of Chula Vista
P.O. Box 1087
. Chula Vista, California 91912
Clerk of the Board of Supervisors
~ County of San Diego
1600 Pacific Highway
.' San Diego, California 92101
l'i){/ .
, j.(./
~ J' .
I , This Instrument is for the benefit of the
0;0 rCity only No fee required per
~ \ Government Code Section 27383
h//I
SPACE ABOVE FOR RECORDER'S USE ONLY
OPEN SPACE EASEMENT DEED
NO TRANSFER TAX DUE
Assessor's Parcel
No.:
Project:
W.O. No.:
.f"-
THIS OPEN SPACE EASEMENT DEED is made this 1lo day of ~(>R\L- ,200 I by
OTAY PROJECT L.P. ("Grantor") in favor of THE CITY OF CHULA VISTA, a municipal
corporation and THE COUNTY OF SAN DIEGO, a political subdivision of the State of
California, (hereinafter collectively referred to as "Grantee"), with reference to the following
facts:
RECITALS
A. On October 28, 1993, the City of Chula Vista City Council and the San Diego County Board of
Supervisors jointly adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP), including
the Otay Ranch Phase 1 Resource Management Plan (Phase 1 RMP).
B. On October 28, 1993 the Chula Vista City Council, pursuant to Resolution No. t 7298, and in
accordance with the California Environmental Quality Act certified the Final Program Environmental Impact Report
for the GDPISRP, SCH #9010154, made certain Findings of Fact, adopted a Mitigation Monitorin9 and reporting
Program, and adopted a Statement of Overriding Considerations; and,
C. The GDP/SRP and Phase 1 RMP require, as a condition of the development of Olay Ranch, the
phased creation of an 11,375-acre Resource Preserve to be owned and operated by a public or quasi-public
Preserve Owner/Manager (POM): and,
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D. The Otay Ranch GDP Program EIR and Findings of fact find that the creation of the 11,375-acre
Resource Preserve mitigates identified biological impacts of the Olay Ranch project.
E. On March 6, 1996 the San Diego County Board of Supervisors adopted the Otay Ranch Preserve
Conveyance Plan which identifies specific open space areas within Otay Ranch which must be conveyed to the
POM as a condition of the development of a portion of the Olay Ranch GDP known as Olay Ranch SPA One; and,
F. On June 4, 1996 the City of Chula Vista City Council adopted the Otay Ranch Phase 2 Resource
Management Plan (Phase 2 RMP), including a Preserve Conveyance Plan essentially identical to the plan
previously adopted by the San Diego County Board of Supervisors; and,
G. On November 19, 1996 by Resolution No. 18416 the City of Chula Vista City Council approved an
Agreement for Impiementation of the Otay Ranch Phase 2 RMP ("Phase 2 RMP Implementation AgreemenF)
with Village Development, a California general partnership, predecessor to the Grantor, relating to the
conveyance of land to the paM; and,
H. The Phase 2 RMP Implementation Agreement provides that the Grantor may convey an easement to
the POM which restricts use of the land to be conveyed to those uses permitted by the Phase 1 and Phase 2
RMP; and,
I. Grantor is the sole owner in fee simple of certain real property in the, County of San Diego, State of
California, more particularly described in Exhibit "A" attached hereto and incorporated by this reference (the
"Property") said Property is identified on the Phase 1 and Phase 2 RMP as open space which must to be conveyed
to the POM; and,
J. The Properly possesses open space, wildlife and habitat values (collectively "conservation values") of
great importance to Grantee, the people of the County of San Diego and the State of California.
K. This Open Space Easement including the Covenant, Terms, Conditions and Restrictions restrict the
use of the land to those uses permitted by the Phase 1 and Phase 2 RMP.
L. The Grantee is authorized to hold easements for these purposes pursuant Califomia law.
. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
Now, therefore, in consideration of the above recitais, and pursuant to California law, the following mutual
covenants, terms, conditions, and restrictions shall apply over the Property:
1. Puroose. The purpose of this Open Space Easement is to ensure the Property will be retained forever
in a natural condition and to prevent any use of the Property that will significantly impair or interfere with the
conservation values of the Property. Grantor intends that this Open Space Easement will confine the use of the
Property to such activities, induding without limitation, those involving the preservation and enhancement of native
species and their habitat in a manner consistent with the habitat conservation purposes of this Open Space
Easement.
2. Grantee Riohts. To accomplish the purposes of this Open Space Easement, Grantor hereby grants
and conveys the following rights to Grantee by this Open Space Easement Deed:
(a) To preserve and protect the conservation vaiues of the Property;
(b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and
to otherwise enforce the terms of this Open Space Easement and for scientific research and interpretive purposes
by Grantee or its designees.
(c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this
Open Space Easement and to require the restoration of such. areas or features of the Property that may be
damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Open. Space Easement;
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(d) All mineral, air and water rights necessary to protect and to sustain the biological resources of the
Property, and
(e) All present and future development rights,
(f) Ail rights required by Ihe Grantee to execute their respective and joint duties and responsibilities
under the Joint Powers Agreement Between the City of Chula Vista and the County of San Diego for the Planning,
Operation and Maintenance of the Otay Ranch Open Space Preserve approved March 6' 1996.
. (g) All rights required by the City of Chula Vista to implement and enforce the provisions of the Phase
1 RMP, Phase 2 RMP and the Phase 2 RMP Implementation A9reement.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Open
Space Easement is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor,
Grantor's agents, and third parties, are expressly prohibited:
(a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible
fire protection activities and any and all other uses which may adversely affect the purposes of this Open Space
Easement;
(b) Use of off-road vehicles;
(c) Grazing or surface entry for exploration or eXtraction of minerals;
(d) Erecting of any building, billboard, sign;
(e) Depositing of soil, trash, ashes, garbage, waste, biD-solids or any other material;
(f) Evacuating, dredging or removing of loam, gravel, soil, rock, sand or other material;
(g) Otherwise altering the general topography of tihe Property, Including building roads;
(h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for
(1) fire breaks, (2) maintenance of existing foot trails or roads, or (3) prevention or treatment, of disease.
(i) Any activities or use of the Property, which conflict with the provisions of the Phase 1 RMP, Phase
2 RMP and the Phase 2 RMP Implementation Agreement.
4. Grantor's Duties. Grantor shail undertake ail reasonable actions to prevent tihe unlawful entry and
trespass by persons whose activities may degrade or harm the conservation values of the Property. In addition,
Grantor shall undertake all necessary actions to perfect Grantee rights under Section 2 of tihis Open Space
Easement, including but not limited to, Grantee water righls.
5. Grantee Remedies. If Grantee determines that Grantor is in violation of the terms of this Open Space
Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and
demand in writing the cure of such violation. If Grantor fails to cure the violation within fifteen (15) days after
receipl of said written notice and demand from Grantee, or said cure reasonably requires more than fifteen (15)
days 10 complete and Grantor fails to begin the cure within the fifteen (15) day period or faiis to continue diligently
to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce
compliance by Grantor with the terms of this Open Space Easement to recover any damages to which Grantee
may be entitled for violation by Grantor of the terms of this Open Space Easement, to enjoin the permanent
injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in
which it existed prior to any such violation or injury. Withoutlimitirg Grantor's liability therefor, Grantee may apply
any damages recovered to tihe cost of undertaking any corrective action on the Property.
If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or
mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under
this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee
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rights under this paragraph apply equally to actual or threatened violations of the terms of this Open Space
Easement. Grantor agrees that Grantee remedies at law for any violation of the terms of this Open Space
Easement are inadequate and that Grantee shall be entitled to the injunctive reiief described in this section, both
prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of this Open Space Easement, without the necessity of proving either actual damages or
the inadequacy of otherwise available legal remedies. Grantee remedies described in this section shall be
cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not
limited to the remedies set forth in Civil Code section 815, et seq..
If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for
purposes inconsistent with this Open Space Easement, not withstanding Civil Code section 815.7, the California
Attomey General or any entity or individual with a justiciable interest in the preservation of this Open Space
Easement has standing as interested parties in any proceeding affeCting this Open Space Easement.
5.1 Costs of Enforcement. Any costs reasonably incurred by Grantee in enforcing the terms of this
Open Space Easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any
costs of restoration necessitated by Grantor's violation or negligence under the terms of this Open Space
Easement shall be borne by Grantor.
5.2 Grantee Discretion. Enforcement of the terms of this Open Space Easement by Grantee shall be
at the sole discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Open Space
Easement in the event of any breach of any term of this Open Space Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of
this Open Space Easement or of any of Grantee rights under this .Open Space Easement. No delay or omission
by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or
be construed as a waiver.
6. Access. This Open Space Easement does not convey a general right of access to the public.
7. Fence Installation and Maintenance. Upon the request of the Grantee, Grantor shall install and
maintain a fence, approved by Grantee, around the Open Space Easement area to protect the conservation values
of the Property.
8. Costs and t.1abilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any
kind related to the ownership, operation, upkeep, and maintenance of the Property.
8.1 Taxes. Grantor shall pay before delinquency, all taxes, assessments, fees and charges of whatever
description levied on or assessed against the Propenty by competent authority (collectively "taxes"), including any
taxes imposed upon, or incurred as a result of, this Open Space Easement, and shall furnish Grantee with
satisfactory evidence of payment upon request.
8.2 Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its directors, officers,
employees, agents, contractors, and representatives (collectively "Indemnified Parties") from and against all
liabilities, penalties, costs, losses, damages, expenses,. causes of action, claims, demands, or judgments,
including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or
the death of any person, or physical damages to any propenty, resulting from any act, omission, condition, or other
matter related to or occurring or about the Propenty, regardless of cause, unless due to the negligence or willful
misconduct of any of the Indemnified Parties; (2) the obligations specified in Section 4, 8, and 8.1; and (3) the
existence or administration of this Open Space Easement.
8.3. Condemnation. The purposes of the Open Space Easement are presumed to be the best and most
necessary public use as defined at Civil Procedure Code Section 1240.680 notwithstanding Civil Procedure Code
Section 1240.890 and 1240.700.
9. Assianment. Grantee may assign its rights and obligations under this Open Space easement. Grantee
shall require the assignee to record the assignment in San Diego County.
10. Subseauent Transfers. Grantor agrees to incorporate the terms of this Open Space Easement in any
deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Propenty,
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including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the
intent to transfer of any interest at least fifteen (15) days prior to the date of such transfer. Grantee shall have the
right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given
notice of the covenants, terms, conditions and restrictions of this Open Space Easement. The failure of Grantor or
Grantee to perform any act provided in this section shall not impair the validity of this Open Space Easement or
limit its enforceability in any way.
11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires
or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage
prepaid, addressed as follows:
To Grantor:
Otay Project L.P.
C/O Robert Cameron
350 West Ash Street, Suite 730
San Diego, CA 92101
To Grantee:
City of Chula Vista
Director of Public Works
276 Fourth Avenue
Chula Vista, CA 919tO
County of San Diego
Clerk of the Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
or to such other address as either party shall designate by written notice to the other. Notice shall be deemea
effective upon delivery in the case of personal delivery or in the case of delivery by first class mail, five (5) days
after deposit into the United States mail.
12. Extinquishment. This Open Space Easement shall be automatically extinguished without need to
record any additional documents upon the occurrence of both of the following:
(1) Grantor grants to the Grantee and recordation in favor of the Grantee a perpetual conservation
easement or Irrevocable Grant of Fee Titie to replacement property that is the same size or larger
than the .Property in the area shown in Exhibit "A" attached hereto. Said replacement property
shall be acceptable to the paM, in the paM's discretion, and shall comply with the Phase 1 and
Phase 2 RMP, and the Phase 2 RMP Implementation Agreement, or any approved amendments
thereto; and
(2) County of San Diego approves a General Plan Amendment converting the land use designation
for the Property from the existing developable designations to open space with no development
potential. County of San Diego consents and agrees that it will process such General Plan
Amendment expeditiously and in good faith.
13. Amendment. This Open Space Easement may be amended by Grantor and Grantee by mutual
written agreement. . Any such amendment shall be consistent with the purposes of this Open Space Easement.
Any such amendment shall be recorded in the official records of San Diego County, State of Califomia.
14. General Provisions.
(a) Controllino t.aw. The interpretation and perfonmance of this Open Space Easement shall be
governed by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this
Open Space Easement shall be liberally construed in favor of the deed to effect the purpose of this Open Space
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Easement and the policy and purpose of Civil Code section 815 consistent with the purposes of this Open Space
Easement that would render the provision valid shall be favored over any interpretation that would render it invalid.
(c) Severabilitv. If a court of competent jurisdiction voids or invalidates on its face any provision
of this Open Space Easement Deed, such action shall not affect the remainder of this Open Space Easement
Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Open Space
Easement to Deed to a person or circumstance, such action shall not affect the application of the provision to other
persons or circumstances. '
(d) Entire Aareement. This instrument sets forth the entire agreement of the parties with respect
to the Open Space Easement and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the Open Space Easement. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment in accordance with Section 14.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title
in any respect.
(f) Successors. The covenants, terms, conditions, and restrictions of this Open Space Easement
Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the
property, except as provided in Section 12.
(g) Termination of Riahts and Obliaations. A party's rights and obligations. under this Open Space
Easement terminate upon transfer of the party's interest in the Open Space Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
(h) Caotions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or interpretation.
(g) Counterparts. The parties may execute this instrument in two or more counterparts which
shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as
against any party who has signed it. In the event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
(h) Use of Temn: "Grantee". Grantee shall apply jointly and inseparably to the City of Chula Vista
and the County of San Diego except for the purposes of Sections 2, 5,7,9 and 10 where Grantee shall mean
either one or both of these parties.
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11205
Signed this 2S"
SIGNATURE PAGE
day of Af/VI.-
,2~
Grantor Signatures: Otay Project, L.P., a California limited partnership, as owner:
By: Otay Project, LLC, a California limited liability company,
General Partner.
By: Otay Ranch Development, LLC, a Delaware limited
liability company, authorized member.
BY:~~
Charles T. Cater, Vice President
.."',.,..,.-"..,......""_".'...,..,~,"'.,;"".",...<IIl"_......,..._""""...-'...,._J.at''''I',""',"""..",.'"....'...,~.,'.."'II~_..",..,'_"",..,_..'.....I',.,....'..........'"..L'IIll,...,;'"_"""II"""""aC"'Il""<..WIt1"'i.~""'"",,,,,-_,_",,,___
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency. is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By:
Date:
Approved As To Form:
City Attorney
Date:
This is to certify that the interest in real property conveyed by the foregoing deed of grant to the
County of San Diego, a political subdivision, is hereby acknowledged on behalf of the Board of
Supervisors of said County of San Diego pursuant to authority conferred by Resolution of said
Board adopted of January 7, 1992, and the Granted consents to the recordation thereof by its
duly authorized officer.
John Kross, Deputy Director
Real Property Di vision
Departmr: of General Services
By;~k1-VC
Dated:
/j 1//'1
(Notary Acknowledgement Required for Each Signatory)
Page 7 of1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of 5a. Y\ 'D i e;y;
On Ap( j I l. '>/ 2.00 I . before. me,
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personally appeared (j IUlr /1"S
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PI!lce Notary Seal Above
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Name and TiUa of Officer (e 9.. . Jane 000, Notary Public")
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Name(s) of Signer{s}
B'Personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person($f whose name(81@ar6
subscribed to the wit~ instrument and
acknowledged to me )I1!!~s;(eitM'y executed
the same in ~~ith€ir authorized
capacity(i~, and that by QiIi;)I1pitm'iir
signature~ on the instrument the person~. or
the entity upon behalf of which the person~
acted, executed the instrument
L
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons refring on the document
and could prevent fraudulent removal and reattachment of this form to another document.
11
I
~
!~
I.
I
Il Signer Is Representing:
I
I. .
,~ ~'CZ'"-c:<:.'C<..~~~~~'(;.(,;;'<i.<;''f,;;.<;.~v";.<..'(.;.(,,'(,,..(.,.'U,..'(.;.l...~'U,..'U,..~c<''''c<)(..:.<;..'C(;..~'C(;.."'(.;,(,;.~~~"'<,,;<;.-~~_"
~
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
i I Corporate Officer - Titie(s):
LI Partner - C Limited I : General
[] Attorney in Fact
n Trustee
o Guardian or Conservator
o Other:
Number of Pages:
Top of thumb here
,x,
II) tg99 Nalional NoLary Association' 9350 C& SOlO Ave.. fI.O. Box 2402' Chalsworth. CA 91313-2402' Viw",natlonall1Ota1y tlf~
f>md No. 5901
ReorWr.CaIIToll.Fretll-9I>>S78-6827
4-12
11207
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
THAT PORTION OF SECTION 32, IN TOWNSHIP 17 SOUTH, RANGE 1 EAST, TOGETHER
WITH THOSE PORTIONS OF SECTION 4 AND 5, IN TOWNSHIP 18 SOUTH, RANGE 1
EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OFSAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32, AS DEPICTED ON
RECORD OF SURVEY MAP NO. 14295, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY ON SEPTEMBER 2, 1993; THENCE ALONG THE
NORTHERLY LINE OF SAID SECTION 4, SOUTH 85057'50" EAST, 882.88 FEET (SOUTH
85057'52" EAST, 883.06 FEET PER SAID RECORD OF SURVEY MAP NO. 14295) TO A
POINT ON THE WESTERLY BOUNDARY OF RANCHO JAMUL AS DEPICTED ON SAID
RECORD Of SURVEY MAP NO. 14295; THENCE CONTINUING ALONG SAID WESTERLY
BOUNDARY Of RANCHO JAMUL, SOUTH 65044'22" WEST, 118.97 fEET (SOUTH 65043'49"
WEST, 118.97 fEET PER SAID RECORD Of SURVEY MAP NO. 14295); THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY, SOUTH 55013'48" EAST, 2276.26
fEET (SOUTH 55013'11" EAST, 2276.26 fEET PER RECORD Of SURVEY MAP NO. 14295);
THENCE LEAVING SAID WESTERLY BOUNDARY, SOUTH 20057'46" WEST, 399.94 fEET
(SOUTH 20056'38' WEST, 400.15 fEET PER RECORD Of SURVEY MAP NO. 14295) TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY OF OTAY LAKES ROAD AS DEPICTED ON
SAID RECORD Of SURVEY MAP NO. 14295, SAID POINT ALSO BEING THE BEGINNING
OF A NON-TANGENT 1230.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY. A
RADIAL LINE TO SAID POINT BEARS NORTH 33018'45" WEST. THENCE ALONG SAID
NORTHERLY RIGHT-Of-WAY, SOUTHWESTERLY ALONG THE ARC Of SAID CURVE
THROUGH A CENTRAL ANGLE Of 06021'00" AN ARC DISTANCE OF 136.32 fEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-Of-WAY THE fOLLOWING 7
COURSES:
1. THENCE SOUTH 50020'15" WEST, 426.87 fEET (SOUTH 50020'24" WEST, 426.87
fEET PER RECORD OF SURVEY MAP NO. 14295) TO THE BEGINNING OF A
470.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
:SE M:\0025\307\Legal descriptions\A01.doc
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Page 1 014
4-13
11208
2. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE 66054'00" AN ARC DISTANCE OF 548.78 FEET;
3. THENCE NORTH 62045'45" WEST, 583.30 FEET TO THE BEGINNING OF A 530.00
FOOT RADIUS CURVE CONCAVE SOUTHWEST;
4. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 25000'00" AN ARC DISTANCE OF 231.26 FEET;
5.' THENCE NORTH 8r45'45" WEST, 963.63 FEET TO THE BEGINNING OF A 530.00
. FOOT RADIUS CURVE CONCAVE SOUTHEAST;
6. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 28050'00" AN ARC DISTANCE OF 266.72 FEET;
7. THENCE SOUTH 63024'15" WEST, 938.66 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY ALONG THE SOUTHERLY
BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 14295, THE FOLLOWING 11
COURSES:
1. THENCE NORTH 04058'53" EAST, 70.95 FEET (NORTH 04059'02" EAST, 70.95
FEET PER RECORD OF SURVEY MAP NO. 14295);
2. THENCE NORTH 14028'15" EAST, 223.80 FEET;
3. THENCE NORTH 2r46'15" EAST, 69.50 FEET;
4. THENCE NORTH 08024'15" EAST, 66.60 FEET;
5. THENCE SOUTH 43016'15" WEST, 193.60 FEET;
6. THENCE SOUTH 26051 '15" WEST, 130.50 FEET;
7. THENCE SOUTH 52051'15" WEST, 71.80 FEET;
8. THENCE NORTH 56011'45" WEST, 99.40 FEET;
9. THENCE NORTH 40059'45" WEST, 118.70 FEET;
10. THENCE NORTH 56021'45" WEST, 148.60 FEET;
11. THENCE NORTH 55006'45" WEST, 52.50 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY, NORTH 24000'00" WEST, 316.96 FEET;
THENCE NORTH 57"00'00" WEST, 600.00 FEET; THENCE NORTH 13000'00" WEST, 465.00
FEET; THENCE NORTH 26000'00" WEST, 462.50 FEET TO A POINT ON EASTERLY LINE
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5;
THENCE ALONG SAID EASTERLY LINE, NORTH 01016'04" EAST, 471.19 FEET TO THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE
ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32,
:SE M:\0025\307\Legal descriptions\A01.doc
WQ 25-307A 3/27/01
Page 2 of 4
4-14
-.,
11209
NORTH 00'33'47" WEST, 1630.48 FEET (NORTH 00034'00" WEST PER RECORD OF
SURVEY MAP NO. 14295); THENCE lEAVING SAID EASTERLY LINE, NORTH 26'00'00"
EAST, 595.08 FEET; THENCE NORTH 04'00'00" WEST, 170.00 FEET; THENCE NORTH
28'00'00" WEST, 240.00 FEET; THENCE NORTH 0'08'59" EAST, 106.64 FEET TO A POINT
ON THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89'51'01" EAST, 588.17 FEET (SOUTH
89050'51" EAST PER RECORD OF SURVEY MAP NO. 14295); THENCE lEAVING SAID
NORTHERLY LINE, SOUTH 00026'01" EAST, 1728.84 FEET; THENCE SOUTH 89'41'14"
EAST, 1928.99 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 32;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00019'00" EAST, 934.86 FEET (SOUTH
00018'06" EAST PER RECORD OF SURVEY MAP NO, 14295) TO THE POINT OF
BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL "A" THAT PORTION OF LAND
lYING WITHIN SAID SECTIONS 4 AND 5 AND BEING MORE PARTICULARLY DESCRIBED
AS FOllOWS:
A 200.00 FOOT WIDE STRIP OF LAND lYING 100.00 FEET ON EACH SIDE OF THE
FOllOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32, AS DEPICTED ON
SAID RECORD OF SURVEY MAP NO. 14295; THENCE ALONG THE NORTHERLY LINE OF
SAID SECTION 4, SOUTH 85'57'50" EAST, 882.88 FEET (SOUTH 85057'52" EAST, 883.06
FEET PER SAID RECORD OF SURVEY MAP NO. 14295) TO A POINT ON THE WESTERLY
BOUNDARY OF RANCHO JAMUl AS DEPICTED ON SAID RECORD OF SURVEY MAP NO.
14295; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF RANCHO JAMUL,
SOUTH 65'44'22" WEST, 118.97 FEET (SOUTH 65'43'49" WEST, 118.97 FEET PER SAID
RECORD OF SURVEY MAP NO. 14295); THENCE CONTINUING ALONG SAID WESTERLY
BOUNDARY, SOUTH 55'13'48" EAST, 2276.26 FEET (SOUTH 55013'11" EAST, 2276,26
FEET PER RECORD OF SURVEY MAP NO, 14295); THENCE lEAVING SAID WESTERLY
BOUNDARY, SOUTH 20'57'46" WEST, 399.94 FEET (SOUTH 20056'38" WEST, 400.15 FEET
PER RECORD OF SURVEY MAP NO. 14295) TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY OF OTAY LAKES ROAD AS DEPICTED ON SAID RECORD OF SURVEY MAP NO.
14295, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 1230,00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
:SE M:\OO25\307\Legal descriptionslA01.doc
WO 25-307A 3127101
Page 3 of4
4-15
--.,
I
11210
NORTH 33018'45" WEST, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY,
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03033'54" AN ARC DISTANCE OF 76.53 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 84000'00' WEST, 963.21 FEET TO THE BEGINNING OF A 3350.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 09000'00" AN ARC DISTANCE OF 526.22 FEET;
THENCE NORTH 75000'00" WEST, 910.87 FEET TO THE BEGINNING OF A 3100.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 17000'00" AND ARC DISTANCE OF 919.79
FEET; THENCE SOUTH 88000'00" WEST, 644.78 FEET TO THE BEGINNING OF A 3350.00
FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15039'51" AN ARC DISTANCE OF
915.86 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID 200.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERLY BOUNDARY OF SAID
PARCEL "A" AND WESTERLY IN THE WESTERLY BOUNDARY OF SAID PARCEL "A"
PARCEL "AU CONTAINS 254.71 ACRES MORE OR LESS.
~~,
~ ::s -"}.r. of
DANA MICHAEL S (\ L.S.6215
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
:SE M:\0025\307\Legal descriptions\A01.doc
WO 25-307A 3/27/01
Page 4 of4
4-16
-..,
11211
EXHIBIT "B"
\
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R:\OIBO\.bMp\OI~ w.a. I 2S-JD7A
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o
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SCALE: 1" = 1000' / II
I
'000 0 '000 2000 3000
~-'''' - I I
- [ .-::0 '--
SCALE ,. = '000'
4-17
.~
rs
v~, )
I,IV
,--
;',.~r'
111111111 "IIIII~I~I~I~ "il~III III"~~I"
2001-0272343
^ TTAC~ME N,. "B I'
DOC # 2001-0272343
MAY 01. 2001 3:36 PM
Recording Requested by and
Please Retum to:
1212
lJFIClii.. RECffiDS
!Wl DIEm DJ.iITY RECOROCR'S OFFICE
GliIGlJ:Y J. ~ITH, lIDffi RECOOER
ms: 0.00
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
\\'ll1--'
j
This Instrument Benefits City Only. t
No Fee Required'l
,,,",,,,,,,,_..II>,",~"""'_l"'I_,,,",,,,""'~.~."."'",L2l''':J''_.a.:..''''';:'''''.'~on,~'' u~..':=o.:L..Jr~'-';"'?ff._~..",,:o.[b~~,~e;:,~"",e1c;:.!!f~!E!;!.:.f!;/;.,,9nly___:---..c~..
APN(s)
595-090-03,598-130-01,03
598-140-01. 647-090-04
2001-0114~A
C.V. File No.
100' )
IRREVOCABLE OFFER
OF DEDICA nON OF FEE INTEREST
FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OTAY PROJECT L.P., a California limited partnership
represents that, as the owner(s) of the herein-described real property (in the case of multiple owners,
collectively referred to as "Grantor"), Grantor hereby makes an Irrevocable Offer of Dedication of fee
interest, pursuant to Section 7050 of the Government Code of the State of California, to the CITY OF
CHULA VISTA, a municipal corporation, and the COUNTY OF SAN DIEGO, a political
subdivision of State of California, AS JOINT TENANTS, the hereinafter described real property
for the following public purpose:
OPEN SPACE AND OTHER PUBLIC PURPOSES
The real property referred to above is situated in the City of Chula Vista, County of San Diego, State
of California and is more particularly described follows:
THOSE PORTIONS OF SECTION 31 AND 32, IN TOWNSHIP 17 SOUTH, RANGE 1 EAST,
SAN BERNARDINO BASE AND MERIDIAN At~D THAT PORTION OF SECTION 8, IN
TOWNSHIP 18 SOUTH, RANGE 1 EAST, SAN BERNARDINO BASE AND MERIDIAN
ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH THAT PORTION OF
Page J oj /8
4-18
11213
RANCHO JANAL ACCORDING TO MAP THEREOF NO. 989, FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON MAY 21, 1906, ALL IN COUNTY OF SAN
DIEGO, STATE OF CALIFORl'lIA, AND MORE FULLY DESCRIBED IN EXHIBITS "A"
THROUGH "H" ATTACHED HERETO AND MADE A PART HEREOF.
(Contains: 824.8 Acres, more or less)
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of
California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its
heirs, executors, administrators, successors and assigns.
Page2of/8
4-19
11214
SIGNATURE PAGE
Signed this
s
day of ~~.,
,~ VO\
Grantor Signatures:
Otay Project L.P., a California limited partnership, as owner:
By: Otay Project, LLC, a California limited liability company,
General Partner.
By: Otay Ranch Development, LLC, a Delaware limited
liability company, authorized member.
By ~~
Charles T. Cate , Vice President
~"",C!;~~t:,I;;~~~~ili :.;".:;..~~-;:;:<~~~r.:WcE',~~.;,c-$"?~,~':: ;o::-:;:.s.'b';!~f.>~._;....'6~'>L!.~''''.~f.J'_-a''..w.~.~:''3''~!'xm:~-,~r:~'U,l'(ll'tr.:~~._:~;t::~r.~FJ<rVoI::ml
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By: ~
iu It 1~g'"A ~
Date:
~J,Jol
This is to certify that the interest in real property conveyed by the foregoing deed or grant to the
County of San Diego, a political subdivision, is hereby acknowledged on behalf of the Board of
SupeNisors of said County of San Diego pursuant to authority conferred by Resolution of said
Board adopted of January 7, 1992, and the Grantee consents to recordation thereof by its duly
authorized officer.
John Kross, Deputy Director
Real Property Division
Department of ~eneral Services
By: 0h:r'1 NV
Dated:
y Ioc.--/ {
(Notary Acknowledgement Required for Each Signatory)
PAGE 3 OF 18
SEse m:\C025\265\1egal deserlptions\a45.doc
"NO 0025-265A
4-20
STATE OF CALIFORNIA )
) S.S.
COUNTY OF SAN DIEGO )
11215
On the \ -::;.\:. day of t.A..a.~ ' 2001, before me, the undersigned,
personally appeared $'-'.",,,,,,, ~\ ~<:)'v--) , personally known to me to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/shelthe9 executed the same in hi:s"lher/theIT authorized capacity (ies), and that by Jmfuer/theif"
signature( s) on the instrument, the person( s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
(SEAL)
WITNESS my hand and official seaL
~
~ .
Lorraine Bennett, Deputy City Clerk
City of Chula Vista
4-21
11216
State of California
} SS.
County of =-"""^' "P/~
On <-1-/'15"'/0/ ,oeforeme, ~ec.. ~C/........vat-<ov,,,"(TO,, ,vo~e.7PvtSUC.
Date Name and Title of Officef (e.g. "Jane Doe, Notary Public)
Personally appeared
CHVCIt: e---r4:..(.
Name{s) of Signetis)
E!Personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(st whose name(st is/are-subscribed to the within instrument and acknowledged to me
that he/she.'tl ""1 executed the same in his/heFftAeir authorized capacity8es-), and that by hislher/tfteir
signatures on the instrument, the person(~, or the entity upon behalf of which the person"') acted,
executed the instrument.
y hand and officia
'--c>
~ - - - - M:R~ l~C~AN~-~
@ Commission#: l~~;;~~v [
i -.' ,Notay Public - California ~
J San Diego County t
MyComm. E>cpOes}.fx 13, 2004
-------------
atur 0 otary Public
County of
} SS
State of California
On
, before me,
Date
Name and Tille of Officer (e.g, "Jane Doe. Notary Public)
Personally appeared
Name(s) of Signer{s)
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their
signatures on the instrument, the person(s), or the entity upon.behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
PAGE 4 OF 18
4-22
11217
County of
} SS.
State of California
On
, before me,
Name and Title of Officer (e.g. . Jane Doe, Notary Public)
Date
Personailyappeared
Name(s} of Signer(s}
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
PAGE 5 OF 18
4-23
11218
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF
RANCHO JANAL ACCORDING TO MAP THEREOF NO. 989, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON MAY 21,1906.
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST OF THE SAN BERNARDINO MERIDIAN AS SHOWN ON RECORD OF
SURVEY NO. 14295, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON
SEPTEMBER 2, 1993, SAID POINT ALSO BEING A POINT ON THE NORTHERLY
BOUNDARY OF SAID RANCHO JANAL; THENCE LEAVING THE NORTHERLY BOUNDARY
OF SAID RANCHO JANAL ALONG THE EASTERLY LINE OF RANGE 1 WEST AS SHOWN
ON SAID RECORD OF SURVEY MAP NO. 14295, SOUTH 00021'21" WEST, 2200.21 FEET;
THENCE LEAVING SAID EASTERLY LINE OF RANGE 1 WEST, NORTH 88"32'41" WEST,
546.99 FEET TO A POINT ON THE 120-FOOT CONTOUR LINE OF THE UPPER OTA Y
RESERVOIR PER SAID MAP NO. 989 AS DEPICTED ON SAID RECORD OF SURVEY MAP
NO. 14295 THE FOLLOWING 14 COURSES;
1. NORTH 30004'25" WEST, 419.26 FEET;
2. NORTH 78057'04" WEST, 482.36 FEET;
3. NORTH 58035'42" WEST, 136.12 FEET;
4. NORTH 42"56'15" WEST, 114.08 FEET;
5. NORTH 05011 '06" WEST, 151.75 FEET;
6. NORTH 15050'55" EAST, 154.89 FEET;
7. NORTH 44029'08" EAST, 149.64 FEET;
8. NORTH 16057'00" EAST, 130.18 FEET;
9. NORTH 30057'29" EAST, 112.80 FEET;
10. NORTH 37027'30" EAST, 346.75 FEET;
11. NORTH 49032'25" EAST, 218.57 FEET;
12. NORTH 01043'12" EAST, 388.69 FEET;
13. NORTH 50017'07" EAST, 100.62 FEET;
14. NORTH 32014'11" WEST, 120.91 FEET TO A POINT ON THE NORTHERLY
BOUNDARY OF SAID RANCHO JANAL;
:SE M:\0025\265\Legal Descriptians\A40.doc
WO 25-265A 4/2/01
PAGE 6 OF 18
4-24
1121~
THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID RANCHO JANAL,
SOUTH 88018'52" EAST, 807.04 FEET TO THE POINT OF BEGINNING.
CONTAINS 51.94 ACRES MORE OR LESS.
:SE M:\0025\265\legaJ Descnptions\A40.doc
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PAGE 7 OF 18
4-25
11220
EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL "B"
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF
RANCHO JANAL ACCORDING TO MAP THEREOF NO. 989, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON MAY 21,1906.
BEGINNING AT THE NORTHEAST CORNER OF SAID RANCHO JANAL, SAID POINT BEING
CORNER NO.4 OF RANCHO JANAL AS DEPICTED ON RECORD OF SURVEY MAP NO.
8961, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MARCH 18,
1982; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID RANCHO JANAL AS
DEPICTED ON SAID RECORD OF SURVEY MAP NO. 8961, NORTH 88032'41" WEST,
4808.93 FEET; THENCE LEAVING SAID NORTHERLY LINE ALONG THE SOUTHERLY
PROJECTION OF THE WESTERLY LINE OF RANGE 1 WEST OF UNITED STATES
GOVERNMENT SURVEY AS DEPICTED ON SAID RECORD OF SURVEY MAP NO. 8961,
SOUTH 00021'31" WEST, 2200.00 FEET; THENCE LEAVING SAID WESTERLY LINE OF
RANGE 1 WEST, SOUTH 88032'41" EAST, 1800.00 FEET; THENCE NORTH 00020'32" EAST,
600.00 FEET; THENCE SOUTH 88032'41" EAST, 3009.56 FEET TO A POINT ON THE
EASTERLY BOUNDARY OF SAID RANCHO JANAL AS DEPICTED ON SAID RECORD OF
SURVEY MAP NO. 8961; THENCE ALONG THE EASTERLY BOUNDARY OF SAID RANCHO
JANAL, NORTH 00020'32" EAST, 1600.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 201.4 ACRES MORE OR LESS.
PAGE 8 OF 18
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WQ 25-265A 412101
4-26
11221
EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL"C"
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, IN TOWNSHIP 17
SOUTH, RANGE 1 EAST, SAN BERNARDINO MERIDIAN ACCORDING TO OFFICIAL PLAT
THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 AS DEPICTED ON
RECORD OF SURVEY MAP NO. 14295, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY ON SEPTEMBER 2,1993, SAID POINT BEING
MONUMENTED WITH A 2" IRON PIPE WITH DISC STAMPED "S.D. CO. ENGR 1981";
.THENCE ALONG THE EASTERLY LINE OF SAID SECTION 32, SOUTH 00026'29" WEST,
2650.78 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AS DEPICTED ON
SAID RECORD OF SURVEY MAP NO. 14295, SAID POINT BEING MONUMENTED WITH A
2" IRON PIPE WITH DISK STAMPED 'S.D. CO. ENGR. 1981"; THENCE CONTINUING
ALONG SAID EASTERLY LINE OF SECTION 32, SOUTH 00018'06" EAST, 1334.49 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHEAST CORNER
OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE LEAVING SAID
EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 32, NORTH 89041'14" WEST, 1330.82 FEET;
THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, NORTH
00026'01" WEST, 1330.79 FEET; THENCE ALONG THE NORTHERLY LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 32, NORTH 89050'51" WEST, 598.89 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00026'01" WEST, 1729.15 FEET;
THENCE SOUTH 89041'14" EAST, 1928.81 FEET TO A POINT ON SAID EASTERLY LINE OF
SECTION 32; THENCE ALONG SAID EASTERLY LINE OF SECTION 32, NORTH 00018'06"
WEST, 400.02 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 36.000 ACRES MORE OR LESS.
PAGE 9 OF 18
:SE M:\0025\265\Legal Descriptions\A47.doc
WQ 25-265A 4/2101
4-27
11222
EXHIBIT "0"
LEGAL DESCRIPTION
PARCEL "D"
THAT PORTION OF RANCHO JANAL, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 989, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON MAY 21,1906, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32 AS DEPICTED
ON RECORD OF SURVEY MAP NO. 14295, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY ON SEPTEMBER 2, 1993, SAID POINT BEING
MONUMENTED WITH A 2" IRON PIPE WITH DISC STAMPED "S.D. CO. ENGR 1981";
THENCE ALONG THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 32 AND ITS
WESTERLY EXTENSION THEREOF, NORTH 89050'51" WEST, 5793.13 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE EASTERLY
BOUNDARY OF SAID RANCHO JANAL AS DEPICTED ON SAID RECORD OF SURVEY MAP
NO. 14295; THENCE ALONG SAID EASTERLY BOUNDARY OF RANCHO JANAL; NORTH
00020'29" EAST, 1043.73 FEET (NORTH 00020'32" EAST PER RECORD OF SURVEY MAP
NO. 8961, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
MARCH 18, 1982); THENCE LEAVING SAID EASTERLY BOUNDARY OF RANCHO JANAL,
NORTH 88032'44" WEST, 991.13 FEET; THENCE SOUTH 00020'29" WEST, 1066.25 FEET;
THENCE SOUTH 89050'51" EAST, 990.95 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 24.000 ACRES MORE OR LESS.
PAGE 10 OF 18
:SE M:\OO25\265\Legal Descriptions\A46.doc
WO 25-265A 4/2101
4-28
11223
EXHIBIT "E"
LEGAL DESCRIPTION
PARCEL "En
LOTS 1 AND 2 IN SECTION 31 AND THE NORTH HALF OF THE NORTHWEST QUARTER
AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, ALL
IN TOWNSHIP 17 SOUTH, RANGE 1 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM ALL THE COAL AND OTHER MINERALS, TOGETHER WITH THE
RIGHT TO PROSPECT FOR, MINE AND REMOVE SAME, PURSUANT TO THE
PROVISIONS AND LIMITATIONS OF THE ACT OF CONGRESS OF DECEMBER 29,1916
(39 STAT. 862), AS EXCEPTED AND RESERVED TO THE UNITED STATES OF AMERICA IN
THE PATENT FOR SAID LAND, ISSUED AUGUST 11, 1933 AND RECORDED APRIL 8,1935
IN BOOK 384, PAGE 430 OF OFFICIAL RECORDS.
CONTAINS 148.1 ACRES MORE OR LESS.
PAGE 11 OF 18
:SE M:\0025\307\LegaJ descriptions'A4.doc
WQ 25-307 A 412101
4-29
11221
EXHIBIT "F"
LEGAL DESCRIPTION
PARCEL "F"
THE EAST HALF OF THE NORTHEAST QUARTER. THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 32, TOWNSHIP 17 SOUTH, RANGE 1 EAST. SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF.
CONTAINS 163.8 ACRES MORE OR LESS.
PAGE 12 OF 18
:SE M:\OO25\307\Legal descriptions\A5.doc
WO 25-307 A 4/2/01
4-30
11225
EXHIBIT "G"
LEGAL DESCRIPTION
PARCEL"G"
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 SOUTH,
RANGE 1 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE.
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
CONTAINS 81.1 ACRES MORE OR LESS.
PAGE 13 OF 18
:SE M:\0025\307\legal descriptions\A6.doc
WO 25-307 A 4/2101
4-31
11226
EXHIBIT "H"
LEGAL DESCRIPTION
PARCEL"H"
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8,
TOWNSHIP 18 SOUTH, RANGE 1 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
TOGETHER WITH THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 8, TOWNSHIP 18
SOUTH, RANGE 1 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
CONTAINS 118.5 ACRES MORE OR LESS.
~~
4-2.--0 (
DANA MICHAEL SEGUIN L.S.6215
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 14 OF 18
:SE M:\OO25\307\Legal descriptions\A7.doc
WO 25-307A 4/2101
4-32
EXHIBIT "I"
807.04' 25 30
N 88'1852 W
N .32'14'{ " P.O,B. 31
N 1 w
5o.'17'or 120.91'
E: 10.0.62'
'"
,
~O,
. <c
"1",
:>~
-:ll
C>
<::
s: Ll.l
,..... ,.....
a: a::
N 49'32'25"
E: 218.57'
PARCEL "A"
51. 94 ACRES
r'
N 30.'57'29' E: .-:1 0;0'
112.80.' ,v
N 16'57'00." E:
130..18'
N 44'29'08"
E: 149.64'
N {5'5o.'55" E:
154.89'
N 0.5'1/'0.6" W 151.75'
N 42'56'15" W 114.08'
N 58'35'42" W 136.12'
482.36'
N 78'570.4 W
HUNSAKER
& ASSOCIATES
SA Jr4 DIE C 0. I H C
I'I/II'NJ<<:: 1ll17'9 HuemI!bnI St. SlMe 200
~ S-CJieF,.Camll
SUMYlNC ................_-
f?:\0180\<kmap\OflJ(J'(f)01.dwg W.O. 125-265A
N 88'32'41" W
546.99'
\
\
~
11227
11>>-7
.
ci \r~g6
c> 'V'l >-'
~
'"
,
-
.f'<
!'<
c>
c>
.<::
o
o
...
II
.
~
J )>.0f>>\"
.,~O g!'J9
?S,0vr> 00' .
( ~J\f>>?
~
_____J
400 800 1200
"'~,ol!'~;;-"~.. I
. -- ____ ::......IIi.~,;,.. ~.."'-
SCALE 1" = 400'
orAY
400 0
~
PAGE 15 OF 18
4 33
w
-'
<!
U
(j')
~
EXHIBIT "J"
P. 0.8.
RANCHO JANAL CORNER NO. 4
N'LY LINE OF RANCHO JANAL
N 88'32'41" W 5307.64'
4808.9]'
l.u
PARCEL "B"
201.4 AC,
,
~c::.
!"'lc::.
~c;
"'c::.
. '"
2",
<:
P. ^ rJ('r'1
j-~rl LlL.-....
99
N 88'32'41" W
3009.56'
30 '?8
~ 3-j 3?
c-..,<==>
!"'lc::.
c::.c;
",c::.
c::.<o
c::.~
<:
N 88'32'41" W N 0.0."20.'.32"
/800.00' 60.0.0.0.' C
~t--
t>,'v .-J
a ~
a ~( '!i
a 'JY"
C)
II ' Q) ~
(, .
,>-,0 !jO cA"
, c'" i:i
- Q)O
w 0< ,< 0' ~
--' ~ t>,
<l: t..J
u ,'Y" "V <;
U1 ,<(', '> 0) .-J
)..
0' ""
('J.....) t..J
N L <('
rJ-j r,,?
0 0-,-,
1000 0
~
1000
I
SCALE 1" ; 1000'
2000
-----
.ii.
.".<-, "
-.,~ -
HUNSAKER
& ASSOCIATES
I AN D II C Q. I N Co
~ 1O'V9........ St. 5lb 200
ENQoEDIC 5M ~ (i 9nZ'I
~ ....~.DUo'P.il5Sl-l414
Fh name; R:\OOIO\OOlO"l"OO4<:l ..0. ~-21lg,r,
PAGE 16 OF 18
4-34
3000
~
11228
]
t
+
1
.""'"
.'
11229
EXHIBIT "K"
?B 33 33 .4
9 32 32 5
~'" P'"
: ~ " ~ ~
.....~ I~~
""
uo .~~
p,::"!
<~
p.,- p.,""
el", +
: [;!
...:lU
I'<l<
UO f- -1
p,::~
<~
p., , 1
""'" i- -1
= '"
t>:
.....u
I'<l<
UO Q)
p,::~ 0'
<~
p.,- ,
Cc
29 32 ~ 32 5
30 3"J 31 r'
0
,
,,~
~'v (,~~ F1ANcHO JANAL
() l'
~ ~~() ivJAP NO, 9B9
r
2
+
HUNSAKER
& ASSOClA TIS
SCALE: 1" = 1 000' /
.J
II
$ ... N D II C Q, t M Co
1000
2000 3000
~..~~t"f:',,"."""- J
1000
o
I'tNNNC 1J11'J~St.5IJte200
EN('.;NfU.lC SIn DiIp. Ca 92Tl1
9A.~ pt.(Io~a....t'500'~1fI4
R:\OI80\.tmop\Ot80Y002.dwg w.o, I 25-26'51t
~~- -~....,_,~<,A
SCALE 1" = 1000'
PAGE 17 OF 18
4-35
'EXHIBIT "L"
11230
+co---~--T------J-
I I I
I I I
I I I
I I I
I I I
I I I
~------
I
I
I
I
I I
I ,I
co '
+-----_--L__
II' , HUNSAKER
", , ' & ASSOCIATES
. SA" DIE c:; 0. IN C.
SCALE: ," = 1 000' /
.-.1
P'l>>oII'e<<; '10179 I-b!rnIbn St. ~ 200
ENCHIlJrrG SIn aeso. Ca mn
SUkVEYJNG n-(PC.~--4500. FX(SS$5I.l4l4
";\O'80\.tmap\O'80)'005.~ w.o. 125-J07A
1000 0 1000
~ r"
SCALE 1" = 1000'
PAGE 18 OF 18
4-36
::I: 0>
. I>l
. ~
o--l~
J:ilo
U'"
O::cri
<-
p.,-
II
2000
-
to
3000
_1
\Immmm~ 1\i\\Illm ~\\ ~I\\IUI\
2001.0272344
A 1"TA ct+MEN T "c...ll
DOC # 2001-0272344
.l,
Recording Requ~sled by and
Please Retum to:
11231
May 01. 2001 3:36 PM
[fFICHl RErmlS
~ DIEGO lIDlTY RECOOfR' S [fFJCE
GmJIJ:Y J. 9lITH, COUNTY RECf.mR
FEES: 0.00.
OC: HA
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91910
This Instrument Benefits The City Only.
No Fee Required.
1ft
gr
Oi V
'j .
I;"'.
! I)'.
'/
'''.'.,''
_,", T~J~ ~p~~:l?,:_R,:c?r~.p;'I Pf;.9.'ffL
APN(s) 595-090-03. 598-130-01
C.V. File No.
EASEMENT FOR ACCESS PURPOSES
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
OTAY PROJECT L.P" a California limited partnership
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of
California. an easement and right-of-way for access purposes, in, upon, over, and across that certain real property
situated in said County of San Diego and more particularly described as follows:
SEE EXHIBIT "A", ATT ACHED HERETO AND MADE A PART HEREOF.
4-37
11232
SIGNA TURES
Signed this
3<='
day of ~1L..
,2001
Grantor Signatures: Otay Project L.P., a California limited partnership, as owner:
By: Otay Project, LLC, a California limited liability company, General Partner.
By: Otay Ranch Development, LLC, a Delaware limited liability
company, authorized member.
By 61;;
Charles T. Cater, Vice Pres1dent
This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental
agency. is hereby accepted by Susan Bigelow. City Clerk, on behalf of the Chula Vista City Council pursuant to
authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5,1990, and the
grantee consents to the recordation thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
-
'l.uLt.->. ~'2' ~
Dated:
d')DI
4-38
11233
State of California
} ss.
County of ..rA........ .b1€60U
On .; /:71'/0/
"'~
. before me, ,AA~ '?t.ft..-/A-Ni) L.-oVA-t'Q I ,t-t,../;f'... -/ ,A;.4e-1t!:-
Na~ and Title of Officer (e.g. "Jane Doe, Notary Public)
Personally appeared ~ ~
Narn:{s) QfSignerisl
~rsonaJlY known to me
o proved to me on the basis of satisfactory evidence
to be the perso~ whose name{s.j-islMe-Subscribed to the within instrument and acknowledged to me that
h~ executed the same in hislh0r'tRBir,: authorized capacity~. and that by hi~ signatures on the
instrument. the perso$). or the entity upon behalf of which the person~ acted, executed the instrument.
WIT
hand and officia
19na eofNotlly Public
l ~.. - ~R~ L~C~N; ~O';IJ; ~
CammbIIon * 1260-466
i . NclIay PublIc - CcIIIDm!a ~
J___~~~~~i
County of
} 5S.
State of California
On
, before me,
D,~
Name and Title of Officer (e.g. "Jane Doe, N<ltary Public)
Personally appeared
Name(s) of Signer(s}
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/herltheir authorized capacity(ies), and that by hislher/their signatures on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
4-39
11234
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
A 50.00 FOOT WIDE STRIP OF LAND IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING A PORTION OF RANCHO JANAL ACCORDING TO MAP THEREOF
NO. 989, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MAY 21,
1906, SAID 50.00 FOOT WIDE STRIP OF LAND LYING EASTERLY OF THE FOLLOWING
DESCRIBED WESTERLY SIDELINE:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST OF THE SAN BERNARDINO MERIDIAN AS SHOWN ON RECORD OF
SURVEY NO. 14295, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON
SEPTEMBER 2,1993, SAID POINT ALSO BEING A POINT ON THE NORTHERLY
BOUNDARY OF SAID RANCHO JANAL; THENCE LEAVING THE NORTHERLY BOUNDARY
OF SAID RANCHO JANAL ALONG THE EASTERLY LINE OF RANGE 1 WEST AS SHOWN
ON SAID RECORD OF SURVEY MAP NO. 14295, SOUTH 00021 '21" WEST, 2200.21 FEET;
THENCE LEAVING SAID EASTERLY LINE OF RANGE 1 WEST, NORTH 88032'41" WEST,
546.99 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
PROPERTY LINE 100 FEET ABOVE THE 150-FOOT CONTOUR LINE PER SAID MAP NO.
989 AS DEPICTED ON SAID RECORD OF SURVEY MAP NO. 14295; THENCE ALONG SAID
PROPERTY LINE 100 FEET ABOVE THE 150-FOOT CONTOUR LINE THE FOllOWING 15
COURSES:
1. SOUTH 30004'25" EAST, 468.36 FEET;
2. NORTH 68021'25" EAST, 100.47 FEET;
3. SOUTH 27"25'41" EAST, 190.90 FEET;
4. SOUTH 34027'42" WEST, 96.59 FEET;
5. SOUTH 12035'09" EAST, 9.65 FEET;
6. SOUTH 52047'09" EAST, 130.91 FEET;
7. NORTH 64031'36" EAST, 65.39 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY;
PAGE 1 OF 3
:5E M:\OO25\265\Legal Descriptions\A.57.doc
WO 25-265A 4/30/01
4-40
11235
8. EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 143028'45" AN ARC DISTANCE OF 250.42 FEET;
9. SOUTH 28000'21" WEST, 35.54 FEET
10. SOUTH 81037'33" EAST, 65.39 FEET
11. SOUTH 40039'55" EAST, 153.42 FEET;
12. SOUTH 62048'04" EAST, 104.87 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE WESTERLY;
13. SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 160053'27" AN ARC DISTANCE OF 280.81 FEET;
14. NORTH 81054'38" WEST, 76.05 FEET;
15. NORTH 68037'24" WEST, 160.05 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY OF OTAY LAKES ROAD AS DEPICTED ON SAID RECORD OF SURVEY
MAP NO. 14295; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY OF OTAY
LAKES ROAD THE FOLLOWING 3 COURSES:
1. SOUTH 20006'36" EAST, 394.22 FEET TO THE BEGINNING OF A 970.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY;
2. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 12023'00" AN ARC DISTANCE OF 209.65 FEET;
3. SOUTH 32029'36" EAST, 896.13 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS SOUTH 88032'41"
EAST FROM THE HEREINABOVE DESCRIBED TRUE POINT OF BEGINNING AND
SOUTHEASTERLY IN A LINE THAT BEARS NORTH 57030'24" EAST FROM THE
HEREINABOVE DESCRIBED POINT OF TERMINUS.
PAGE20F3
:SE M:\0025\265\Legal Descriptionsl.A57.doc
WO 25-265A 4/30/01
4-41
1123fi
CONTAINS 4.123 ACRES MORE OR LESS.
\L.~ 4-?o-ol
DANA MICHAEL SE I L.S.6215
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:SE M:\002S\265\Legal Descriptions\A57.doc
wo 25-265A 4/30/01
4-42
11237
EXHIBIT "B"
SHEET 1 OF 2
25 30
P.O.C. 3-j
-c;; ..
~-z.-:O
'~v'~
O_o.Cf'\.
-<)0
","-
-;c~_
.,,~
'0
'rJ"t~~
. ~~
""'0"
1/771 INDICATES ACCESS EASEMENT;'''''~'
r LL/.I AREA ~ 4.123 ACRES So
3: Lll
T"" ,.....
a: a:
r 96
V\.].,.
"
) 0;0>
r-\>
-
-
"<
g
i:j
"-'
~
-
'"
<:;)
<:;)
<:
T.P.O.B.
N 88'32'41' W
546.99'
o
o
...
II
,.~' ,-\\p.,\...
Cf.l> J r' c\
\'~ C\-\O gB'"
r:\p.,\\J \\0,
r w\~?
W
...J
<{
U
(f)
~
.
HUNSAKER
& ASSOCIATES
SEE SHEET 2
S "H D I f C Q. I N Co
400 0
~
400 800
. - "-...
SCALE 1" = 400'
1200
I
~ 1J'O'9 I-bmrJcms St. Sl.b 200
ENCHB.JNC; SIrl DIeto. Ca 921Z1
llA'IEY>lG _'~1414
R;\OI80\~map\OI8OYOO7.ri"'9 w.o. I 25-J07A
4-43
EXHIBIT "B"
SEE SHEET 1
T,P,O.B,
N 88'32'41' W
546.99 '
\ r) 96
V-If--'
~\,\J>.\--
oy\O ,) 969
?,~\'\ \,\0,
~\J>.?
-z.
1/77'1 INDICA TES ACCESS EASEMENT
[LLa AREA = 4.123 ACRES
NUMBeR
CI
C2
.....:..
~.. .
.
'00"
2 '23 ,
t.'" 1 970.00,
R'" 209.65
L'"
NUMBER
L1
L2
LJ
L4
L5
L6
L7
L8
BEARING
N 52'47'09'W
N 54'31 '35.E
N 28'OO'21"E
N 81'J7'33'W
N 40'39'55'W
N 52'48'04'W
N 81'54'38'W
N 58'37'24'W
DISTANCE
130.91'
55.39'
35.54'
55.39'
153.42'
104.87'
75.05'
150.05'
-z.
~,
';1.
v
"'.
~
~
'"
>
v.
DELTA
160'53'27"
143'28'45"
RADIUS
100.00
100.00
LENGTH
280.81
250.42
HlJNSAKER
& ASSOCIATES
400 0
~
400
1
SCALE 1. = 400'
SAN DIEGO, 'He
I'I.AftN'oIC 1J'11J Huemebn St. SUrIl 200
&G1"&ItK s.. DR&o. c. 97IZ1
SUtVlYlNC PH(8S!lS~'I' 1500- fX(asa)SSB..1414
R:\01SO\.tmop\OfBOl'tlO8.dwg w.o. 125-J07A
4-44
11238
SHEET 2 OF 2
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J\ITAtJtMENT "D"
Planning & Building Department
Planning Di~sion
ClN OF
CHUIA VISTA
Special Use Permit (redevelopment area only)
Type of Review Requested
o
o
o
o
IZl Misc. Preserve 100 Vacation /
Vacation of Easement for Access Purposes
Conditional Use Permit
Design Review
Variance
Application Information
~~lif~l~itiiIJII]iliWfIt~~li[~'!~~k~l~i~!1
Applicant Name Otav Proiect. LP, dba The Otav Ranch Companv
Applicant Address 610 West Ash Street, Suite 1500, San DieDo. CA 92101
Contact Name Ranie Hunter Phone (619) 234-4050 ex!. 107
Applicant's Interest in Properly (If applicant is not the ovmer, the authorization signature at the end of this form is
required to process this reques!.) [Z] Own 0 Rent 0 Other:
ArchitecVAgent: Address:
Contact Name Phone:
Primary contact is: 0 Applicant 0 ArchitecVAgent 0 Email of primary contact:
General Project Description (all types)
Project Name: Otav Ranch Prooosed Use: Preserve Ooen Soace
General Description of Proposed Project: Preserve Ooen So ace
Has this project received pre-application review comments? 0 Yes (Date:)
[Z] No
Subject Property Information (all types)
Location/Street Address: See attached Deeds. Plats. and Easement Document
Assessor's Parcel #: See Proiect Descriotion Total Acreage: 1.080 acres
Redevelopment Area (if applicable): _General Plan Designation:_Zone Designation: PC
Planned Community (if applicable): Otav Ranch
Current Land Use: Undisturbed Ooen Soace Within Montgomery Specific Plan? 0 Yes \;;<J No
Proposed Project (all types)
Type of use proposed: 0 Residential 0 Commercial
Landscape Coverage (% of lot):
o Industrial ~ Other: Preserve Ooen Soace
Building Coverage (% of lot):
276 Fourth Avenue I Chula Vi2i~4~alifomia I 91910 I (619) 691-5101
~I!t-
~fJ-
APPLICATION . DEVELOPMENT PROCESSING . TYPE A
Part 2
OlY OF
CHULA VISfA
Residential Project Summary
Type of dwelling unit(s): N/A
Dwelling units:
Number of lots: N/A
PROPOSED
EXISTING
1 Bedroom
2 Bedroom
3.;- Bedroom
TOTAL
Density (DU/acre): _ Maximum building height:
Minimum lot size:
Average lot size:_
Parking Spaces:
Required by code: Provided:
Type of parking (i.e. size; whether covered, etc.):
Open space description (acres each of private, common, and landscaping):
Non-Residential Project Summary
Gross fioor area: N/A Proposed: Existing: N/A Building Height: N/A
Hours of operation (days & hours):
Anticipated number of employees: Maximum number of employees at anyone time: _
Number and ages of students/children (if applicable): Seating capacity:
Parking Spaces:
Required by code: Provided:
Type of parking (i.e. size; whether covered, etc.):
Authorization
Print applicant name:Ot~~.P. - _~ J
Applicant Signature: ~11LG ~'7~
Date:
/0//5/01
.
Print own.er name*: Ot~ L.P. ~ ~
Owner Slgnature*: ': 12l..L
Date:
JO//5JO-~
.. Note: Proof of ownership may be required. Letter of consent may be provided in lieu of signature.
276FourthAvenue I ChulaVis4a_~galifomia I 91910 I (619)691-5101
~u?
;;--r:-:
Planning & Building Department
Planning Division I Development Processing
OlY OF
CHUIA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name: Otav Ranch'
Applicant Name: Otav Project L.P.
Please fully describe the proposed project, any and all construction that may be accomplished as a result of
approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City
of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the
proposed project. You may include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the
Application Procedural Guide.
DESCRIPTION AND JUSTIFICATION:
See attached Proiect Descriotion
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
4-47
~ i
. h ~:~~ f'10i:B
P? cl,,,hzl'iYflf1L
TVI Cc"ccl
P. D ., ~D I, -
rOJect escnptlOn u "0 c,-.;: . ~OOl '"
In 2001 Otay Project LP ("Applicant") granted an lIlt;Y.QI;abl\u)lf~.LQ.O)_E;dicati2-Il}{' 0 2i2?A..3
("IOD") and an Open Space Easement ("Easement") to the City of Chula Vista and the
County of San Diego (acting collectively as the Otay Ranch Preserve Owner Manager
"POM") for 'approximately 1,080 acres of land in the Otay Ranch Preserve ("Preserve").
The 100 and Easement were granted by Applicant to satisfy the Otay Ranch Preserve
Conveyance Obligation in conjunction with the recordation of certain final subdivision
maDS in Chula Vista. The location of the 100 and Easement are as shown in' Exhibit
"A". In addition, !he Applicant granted an "Easement for Access Purposes" to the City
ofChula Vista on May 1, 2001 (See attached Doc # 2001-0272344).
Applicant now desires to vacate the IOD and Easement and, instead, grant to the POM an
equal number of Preserve a(;feJ-!o,;yed in the same general geographic area. The APNs
T~PO ------fG~OD and E~emem oemg vac'ated-.llJ:095-090-03; 598-130-01; 598-130-03; 598-
0<\7~()q()-C.4 140-01;~97-090-64; 598-140-01; 647-020-1~;-;64J.Jl1.0-05. The APNs forthe substitute
Preserve lands are 647-110-01; 647-120-01; ~47-090-04; 598-160-14; 598-170-04; 647-
050-04 & 647-060-01 (see attached Exhibits B-;-C anoT)). The Applicant also desires to
vacate the Easement for Access Purposes as described in Doc. # 2001-0272344) since,
with the vacation of the IOD and Easement described above, this Easement for Access
Purposes is no longer needed.
The reasons for the vacation and substitution are several. Most significantly, the San
Diego Wildlife Refuge ("Refuge") and United States Bureau of Land Management have
indicated a preliminary willingness to incorporate much of the Preserve (including
portions of the Preserve land subject to the IOD and the Easement) into the boundaries of
the Refuge so as to relieve the POM of any further responsibility for its maintenance and
monitoring. This would be a signifIcant benefit for the POM. In order to accomplish this,
however, the Refuge has requested that the IODs and Easements (including those for
open space purposes) be removed as matters of title.
In addition, the Applicant is processing an application for approval of Otay Ranch
Village 13 with the County of San Diego which project includes, within its boundaries,
the IOD and Easement. By vacating the IOD and Easement and substituting an equivalent
number of acres in a different area, the portions of the land underlying the existing IOD
and Easement that are proposed to be Preserve land can be used to satisfy the Preserve
Conveyance Obligation for the Village 13 project. This is preferred by County planning
staff as the Preserve land that will be used to satisfy the Village 13 Preserve Conveyance
Obligation will then actually be located within tile boundary of Village 13.
Finally, vacation of the 100 and Easement eliminates any potential conflict of interest
that might have been created had the POM accepted title to the Preserve lands underlying
the 100 and/or the Easement. -In other words, the Applicant would have been processing
the Village 13 project within the County, but the County (through the POM) would have
been a property owner within the boundary of the very project (i.e., Village 13) it was
considering for approval. The vacation and substitution of equivalent acreage elsewhere
eliminates this possibility.
Amended 10/15/09
4-48
.\ \\\~\ 11\\1\\111\\1\11\\1\\\\\\\\1\\ 11\11 I\U~ 11\\\ \It! \1\\ 1\\1
. 2001.0272344
DOC # 2001=0272j44
Recording Requested by and
Please Return to:
(
.,
!~
May 01...
2001.. 3:36
PM
11231
OFFICIAl RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0,00
DC: NA
This Instrument Benefits The City Only.
No Fee Required.
ji
'1
I,
~
'.
~:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91910
~
if APN(s) 595-090-03. 598-130-01
O(J~t
It,it
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.' ":"__ __ ~_, _~ ,_~, _ "-"- ,-:.;- . _ '.'1, ~. . "l""::>~':I: . ~ ''','''-'''. _ t' ,--, , .' .
.-._..:'::'.:~:~.' ,,?:~f:..~f..~;~ .('::'~.~:~~~:.~~~.:.~.r~f.. p.'?~!!....,..::;,._.; ,,~.~~C; "-"':~"'. ;-. .'"
C.V. File No.
EASEMENT FOR ACCESS PURPOSES
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
OTAY PROJECT L.P., a California limited partnership
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of
California, an easement and right-of-way for access purposes, in~ upon, over. and across that certain real property
situated in said County of San Diego and more particularly described as follows:
SEE EXHIBIT "An, ATTACHED HERETO AND MADE A PART HEREOF.
4-49
11232
SIGNATURES
Signed this
.'30
day of ~PI2IL.
,2001
Grantor Signatures; Otay Project L.P., a California limited partnership, as owner:
By: Otay Project, LLC, a California limited liability company, General Parmer.
By: Otay Ranch Development, LLC, a Delaware limited liability
company. authorized xpember.
By:d~
Charles T. Cater, V,ce PresIdent
This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental
agency, is hereby accepted by Susan Bigelow, City Clerk, on behalf of the Chula Vista City Council pursuant to
authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the
grantee consents to the recordation thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
-=
"LutU. t3'2' ~
Dated:
41)(J/
4-50
11233
County of SAN .b/.c::'~d
} SS.
State of California
On -1/7"/0/
D'te
, before me, !A~ L-tft.-/,A-/Vi) L,oVA-TV. ~ ,Pv~vlc,.
Narre and Tille of Officer (e.g. "Jane Doe. Not:ll)' Public)
Personally appeared ~ ~
Name.(s)o,fSigncr(s)
~rsonallY known to me
o proved to me on the basis or satisfactory evidence
to be the personW whose name(s}is/are-;;ubscribed to the within instrument and acknowledged to me that
hehhefthry executed the same in his/hg~.'tr"ei~ authorized capacitYEie91, and that by his/hefkfieir signatures on the
instrument, the personEs-). or the entity upon behalf of which the person~acted, executed the instrument.
--
19na of Notary Public
la- - - - ~R~ l~C~N~ ~O~T; I
CommIsslon 1112hO-106
~ -: Nolay PI.tlIlc - Ccllfomla ~
J___~~~~~l
WIT
hand and offici a
County of
} SS.
State of California
On
. before me,
Name l1nd Tille of Officer (e.g. "Jane. Dor:::. NOlaf')' Public)
D'te
Personal! y appeared
N:IlI>::(S)ofSigtltr(~)
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the
jnstrumen~ the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signature of No wry Public
4-51
11234
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
A 50.00 FOOT WIDE STRIP OF LAND IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING A PORTION OF RANCHO JANAL ACCORDING TO MAP THEREOF
NO. 989, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MAY 21,
1906, SAID 50.00 FOOT WIDE STRIP OF LAND LYING EASTERLY OF THE FOLLOWING
DESCRIBED WESTERLY SIDELINE:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST OF THE SAN BERNARDINO MERIDIAN AS SHOWN ON RECORD OF
SURVEY NO. 14295, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON
SEPTEMBER 2, 1993, SAID POINT ALSO BEING A POINT ON THE NORTHERLY
BOUNDARY OF SAID RANCHO JANAL; THENCE LEAVING THE NORTHERLY BOUNDARY
OF SAID RANCHO JANAL ALONG THE EASTERLY LINE OF RANGE 1 WEST AS SHOWN
ON SAID RECORD OF SURVEY MAP NO. 14295, SOUTH 00021'21" WEST, 2200.21 FEET;
THENCE LEAVING SAID EASTERLY LINE OF RANGE 1 WEST, NORTH 88032'41" WEST,
546.99 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
PROPERTY LINE 100 FEET ABOVE THE 150-FOOT CONTOUR LINE PER SAID MAP NO.
989 AS DEPICTED ON SAID RECORD OF SURVEY MAP NO. 14295; THENCE ALONG SAID
PROPERTY LINE 100 FEET ABOVE THE 150-FOOT CONTOUR LINE THE FOLLOWING 15
COURSES:
1. SOUTH 30'04'25" EAST, 468.36 FEET;
2. NORTH 68021'25" EAST, 100.47 FEET;
3. SOUTH 27'25'41" EAST, 190.90 FEET;
4. SOUTH 34027'42" WEST, 96.59 FEET;
5. SOUTH 12'35'09" EAST, 9.65 FEET;
6. SOUTH 52047'09" EAST, 130.91 FEET;
7. NORTH 64031'36" EAST, 65.39 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY;
PAGE 1 OF 3
:SE M:\0025\265\Legal DescripUons\A.57.doc
wo 25-265A 4130101
4-52
11235
8. EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 143028'45" AN ARC DISTANCE OF 250.42 FEET;
9. SOUTH 28000'21" WEST, 35.54 FEET
10. SOUTH 81037'33" EAST, 65.39 FEET
11. SOUTH 40039'55" EAST, 153.42 FEET;
12. SOUTH 62048'04" EAST, 104.87 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE WESTERLY;
13. SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 160053'27" AN ARC DISTANCE OF 280.81 FEET;
14. NORTH 81054'38" WEST, 76.05 FEET;
15. NORTH 68037'24" WEST, 160.05 FEET TO A POINT ON THE EASTERLY RIGHT,
OF-WAY OF OTAY LAKES ROAD AS DEPICTED ON SAID RECORD OF SURVEY
MAP NO. 14295; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY OF OTAY
LAKES ROAD THE FOLLOWING 3 COURSES:
1. SOUTH 20006'36" EAST, 394.22 FEET TO THE BEGINNING OF A 970.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY;
2. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 12023'00" AN ARC DISTANCE OF 209.65 FEET;
3. SOUTH 32029'36" EAST, 896.13 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS SOUTH 88032'41"
EAST FROM THE HEREINABOVE DESCRIBED TRUE POINT OF BEGINNING AND
SOUTHEASTERLY IN A LINE THAT BEARS NORTH 57030'24" EAST FROM THE
HEREINABOVE DESCRIBED POINT OF TERMINUS.
PAGE 2 OF 3
:SE M:\0025\265\legal Descriptions\A57.doc
WO 25-265A 4/30101
4-53
1123fi
CONTAINS 4.123 ACRES MORE OR LESS.
\). ole: = 4-"?o.OI
DAN~AEL.~~ L.S.6215
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:SE M:\0025\265\Legaf Descripllons\A57.doc
wo 25-265A 4130/01
4-54
EXHIBIT "B"
25 30
P.O.C. 3i
3: tLl
..,..... ""l'
cere
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11237
SHEET 1 OF 2
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17771 INDICATES ACCESS EASEMENT
rLL./.l AREA ~ 4./23 ACRES
II
HUNSAKER
& ASSOCIATES
S.AN DlECo. INC
PIJJ\..~ 1O'179Ii.ur.eJ.ensStSW:e200
ENONEBJNG San Die3O> Ca 9ZI21 '
SlJi.VEYING f'H(B58}55S..4S00. fX(BSa)5S&:l4l4
R:\0180\&:map\Ol80rGOJ.d.'ig w.o. I 25-JO/A
400 0
~
SEE SllEE'f 2
800
400
~~.__.
SCALE 1" = 400'
-
~.
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EXHIBIT "B"
SEE SHEET 1
T,P,D,B,
N 88'32'41" W
546.99'
\r)06
VIi--
..I....I..':"v\,l
SHEET 2 OF 2
, J J>>~P>\..
('\__\0 ' 9\:>9
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\;-J\J>>?
-z.
1/771 INDICATES ACCESS EASEMENT
fLLA AREA = 4.123 ACRES
NUMBER
CI
C2
-z-
~, PARCEL "An
';1.
'-"
0".
<f.
'1b
0"
......
'-".
,Z3'qo'
1::>",IZ 70.00,
R'" 9Z09,65
L'"
NUMBER
LI
L2
L3
L4
L5
L6
L7
L8
BEARING
N 52'47'09''V/
N 64'31 '36"E
N 28'OO'21"E
N 87'37'33''V/
N 40'39'55''V/
N 6Z48'04''W
N 8I'S4'38''V/
N 68'37'24''V/
DISTANCE
130,91'
6S.39 ,
35,S4'
6S.39 ,
IS3.42'
104.87'
76.0S'
160.05'
DELTA
160'S3'27"
143'28 '4S "
RADIUS
100.00
100.00
LENGTH
280,81
250.42
.. ~~~~~~TES
SAN DI2Co. 'He
P,D,T,
400 0
~
400
SCALE 1" = 400'
800
-,
I't}.NNINC 1Oii9 t-kJemekens St. $Ute 200
ENONEEt.lNG San Diego, CA 9Zl21
SU1<VlY1NC PH(a58)55&.!500' EX(a58)558-_
~\O'80\{,(mQP\OI80YV08.d"l) W.D. I 25-J'07A
4-56
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t\ i l' ACJH-4 E: NT
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L J7v1~I~ )
RECOROING REQUESTED BY DEPARTMENT OF GENERAL
SERVICES FOR TI1E BENEFIT OF TI-lE CQUt.TI' OF SAN DIEGO
PER GOVERNMENT coeE S::::CTlON 2738.3
WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
(MAIL STATION A45)
Clerk, Board of SupelVisors
San Diego County Administration Center
1600 Pacific Highway
San Diego, Califomia 92101
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT DEED
NO TRANSFER TAX DUE
Assessor's Parcel
No.: 647-110.01, 647-120-01, 647-090.04,
598.160.14,598-170.04, 647-05Q..04 & 647.060-01
Project:
W.A. No.:
Parcel No.:
Log No.:
Fund:
FOR VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, OTAY PROJECT L.P..., a California
limited partnership ("Grantor"), hereby GRAl'ffS to CITY OF CHULA VISTA, a mnnicip.al ~rporation and the
COUNTY OF SAN DIEGO, a political subdivision of the State ofC:Jlifornia., as tenants in common ("Grantee"), that
certain rea! property in the County of San Diego, State of Cali fomi a more fully dl!.Scribcd as follows:
See Schedule A for Legal Description.
TOGETIIER WITH all tenements, hereditaments, water and other rights, easements and appurtenances thereunto belonging or
appertaining, and all of Grantor's right, title and interest, ifan)', in and to any alleys, streets, ways, strips or gores or railroad
rig.hts-of~way abutting, adjoining or appurtenant to said land and in any means of ingress or egress appurtenant mcn:lo.
EXCEPTIN'G THEREFROM all the coal and other minerals, together with the right to prospect for, mine and
remov: same, pursuant to the provisions and limitations ofche Act of Congress of December 29,1916 (39 Stat.
862), as excepted and reserved by the United States of America in the Patent for said land, issued August II, 1933
and recorded April 8, 1935 in Book 384, Page 430 ofOfficiaI Records.
AND GRANTING unlo the County of San Diego an ease.ment for infrastructure facilities ("Facilities"). Prior to approving
the siting of Facilities within the easement, the County shaH request and consider written comments from the Preserve
Owner Manager on the proposed location. This easement includes the right, but not the obligation, to construct, install,
maintain, n:pair. and reconstruct the Facilities. and an easement for ingre~ and egress over the property conveyed hereby to
the extent reasonably necessary to hook mto existing infrastructure facilities and to effect any such construction,
installation, maintenance, repair, or reconsrruction of the Facilities. This ensement, when conveyed and transferred to the
County, shall be appurtenant to the real property owned by the Grantor as described in this Grant De--d.
Rev. 1I0clober 22, 2009
4-57
IN Wln-rESS WHEREOF. Gra."1.torhas executed this document as of the day and year
indicated.
Dated; October 22-. 2009
GRANTOR:
OTAYPROJECfL.P., a
California limited partnership
By: ORJOLE MANAGEMENT. LLe,
a California limited liability company.
General. Partner
BY:~
Kim J. Kilkenny
Vice President
Rev. 1/0clober22. 2009
4-58
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~<<":C~--!"~~.r,~__",-:..._<.<.~~~~~",;:;....r,:,.~~_r.:0~~.~
personally appeared
. MORA KAY KELLER
_ CommissIon # 1B<4:5862
~ .. Notlry Public - Cafifomla. ~
2.: S1n Diego Counly ~
J. . ~"t ~~~. Ex~lres ~f1!~3..2~': l
who proved to me on the basis of satisfactory evidence to
be the person~ whose na.me.{S)@ta1fi subscribed to the
within instrument and aCKnOW.%f!ged to me that
@l18/thej executed the ~~e in ~?r/thfl!r aulhorized
capacityr~s). and that bY~~/theY signaturej6) on the
instrument the perso9<S), or the enftly upon behalf of
which the person)S) acted, executed the ins1rument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
WITNESS 7Y hand a
Slgnatur(r
OPTIONAL
Thcugh the infcrtTl3tfon below is not required by law; it may prove valuable to pef50ns refying on the document
and could preven! fraudulenl removal and reattachment of this form 10 another documem.
offi ial seal.
Pl:J::;(1 Nolnry Seill Abow
Description of Attached 9I'fument 0
1itle or Type of Document ~rI~ ~r,d ~ (yL/7 -JI n --() I I Lrff7 - )ac; --cJ, fs/-tJ-cPo
~B-I~O-N -/70-0'-1 f217-,Y-(}.-rll ' y.
Document Date' ;0'?Jdj IC; r; I NUmfiero~es: y
Slgner(s) OtherTha/ Named Above:
Capacily(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - TiUe(s):
o Partner - 0 Umited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservalor
o Other:
Top of lhumb hefe
Signers Name:
o Individual
o Corporate Officer - Title{s):
o Partner - 0 LImited 0 General
o Attorney In Fact
o Truslee
o Guardian or Conservator
o Dther.
"1'" "",'."
Top of ltJumbt>ele
Signer Is Representing:
Signer Is Representing:
~~-=-.,-:.c.: :.::"~:::''''':3.''''';~~~~~~~~~~~
Q2001 NaG<:nill N;1:J.:y Ass:>::it.li:,,'!l35D Oa Solo Ave.. RO.8e>: ZW2-Ch:!.:swortI1. CA !l1313.2~02'_.N.1:i:ln:J.INeury.o... ltw1 .S~ Re-o:mu.C;<lTcn.J'n:e l-&JO..l17S.5B21
4-59
Gr<mtee: County of San Diego
This is to certify that the interest in reaf property conveyed by the foregoing deed or grant
to the County of San Diego, a political subdivision. is hereby accepted on behalf of the
Board of Supervisors of said County of San Diego pursuant to authority eo~fcrred by
Resolution of said Board adopted on January 7, 1992. and the Grantee eonsents to
recordation lhereofby its duly authorized officer.
Dated:
JOHN KROSS. Deputy Director
Real Estate Services Divisioo
Departmenr of General Services
Grantee: City of ChuIa Vista
This is to certifY that the interest in real property offered herein to the City of Chuta Vista.
a governmental agency, is hereby acknowledged by the lDldersigned, City Clerk. on behalf
of the Chula Vista City Council pursunnt to authority conferred by Resolution No. 15645
of the Chula Vista City Council adopted on 'June 5,1990.:md the grantee(s) conse.nt(s) to
the recordation thereof by its duly authorized officer,
Dated:
DONNA NORRIS, CMC, City CI"k
Rev, 1JOctober 22. 2009
4-60
Schedule A
LEGAL DESCRIPTJONS
APN: 647-1lO-01. 647-120-01
THE SOUTH HALF OF THE NORTHEAST QUARTER A'ID THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 10.
TOGETHER WITH THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11.
ALL IN TOWNSHIP 18 SOUTH, RANGE 1 EAST, SAN BERNARDINO BASE AND MERIDIAN. IN THE
COUNTY OF SA'! DIEGO, STATE OF CALIFORNIA. ACCORDING THE OFFICIAL PLAT THEREOF.
APN: 598-160-14, 598-170-04, 647-050-04 & 647-060-01
LOTS I THROUGH 4INCLUS!VE, THE SOUTHWEST QUl\R.TER OF THE SOUTHWEST QUARTER, A.'ID
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, OF SECTION 35, TOWNSHIP 17
SOUTH, RA>'!GE 1 EAST, SAN BERNARDINO MERlDlfu'l.
TOGETHER WITH LOTS 5 THROUGH 9 INCLUSIVE OF SECTION 34, TOWNSHIP 17 SOUTH. RANGE 1
EAST, SAN BERNARDINO MERIDIAN.
TOGETHER WITH LOTS 3 AND 4, AND THE SOUTH HALF OF THE NORTHEAST QUARTER OF
SECTION 3, TOWNSHIP 18 SOUTH, RANGE 1 EAST, SAN BEfu'lARDINO MERIDIAN,
TOGETHER WITH LOTS 2 THROUGH 4 INCLUSIVE, THE SOUTH HALF OF THE NORTHWEST
QUARTER, THE SOUTH HALF OF THE NORTHEAST QUARTER, OF SECTION 2, TOWNSHIP 18
SOUTH, RANGE J EAST. SAN BERNARDINO MERIDIAN.
EXCEPTING THEREFROM TtlE EASTERLY 492.00 FEET OF SAID SOUTH HALF OF THE NORTHEAST
QUARTER OF SECTION 2, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO THE OFFICIAL PLATS THEREOF.
APN: 647-090-04
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 18
SOUTH, RANGE 1 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
TOGETHER WITH THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTIONS 8, TOWNSHIP 18
SOUTH, RANGE 1 EAST, SAt'! BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFOR.c'llA. ACCORDING TO THE OFFICIAL PLAT THEREOF.
Rev. 1/0clober 22. 2009
4-61
NOV. 12.2009 10:mM
t\,TACltMtNT !IF"
NO. 188 P. 2
~Ir?-
~
=
CHOI:X.~
Dlsclusure Statement***
Pursuant to City Council Policy 101-01, prior to any action on a matter that requires
discretionary action by the City Council, Planning Commission or other official legislative body
of the City, a statement of disclosure of certain ownerships, financial interests, payments, and
campaign contributions must be filed. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the project that is
the subject of the application, project or contract (e.g., owner, applicant,
contractor, subcontractor, material supplier).
Ctay Project, LP
2. If any person" identified in section 1. above is a corporation or partnership,
list the names of all individuals with an investment of $2000 or more in the
business (corporation/partnership) entity.
Jim Baldwin
AI J:lalclwm
3. If any person* identified in section 1. above is a non-profit organization or
trust, list the names of any person who is the director of the non-profit
organization or the names of the trustee, beneficiary and trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or
independent contractors, whom you have authorized to represent you before
the City in this matter.
Ranie Hunter Stephen Haase
Rob Cameron
276 Fourth Avenue
I Chula Vista I California I 91910
(619) 585-5722
4-62
NOV, 12,2009 10:39AM
NO. 188
p, 3
.::,J,lft,.
~
~
01Y Of
(HULA V1srA
Disclosure Statement"""
Disclosure Statement -Page 2
5. Has any person ~ identified in 1., 2., 3., or 4., above, or otherwise associated
with this contract, project or application, had any financial dealings with an
official** of the City of Chula Vista as it relates to this contract, project or
application within the past 12 months? Yes_No...A-
If Yes, briefly describe the nature of the financial interest the officialH may
have in this contract.
6. Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise
associated with this contract, project or application, made a campaign
contribution of more than $250 within the past twelve (12) months to a cun'ent
member of the Chula Vista City Council? No x... Yes_ If yes, which
Council member?
7. Has any person~ identified in 1., 2., 3., or 4., above, or otherwise associated
with this contract, project or application, provided more than $420 (or an item
of equivalent value) to an official~~ of the City of Chula Vista in the past
twelve (12) months? (This includes any payment that confers a personal
benefit on the recipient, a rebate or discount in the price of anything of value,
money to retire a legal debt, gift, loan, etc.) Yes No...K-
If Yes, which official.. and what was the nature of item provided?
7. Has any person~ identified in 1.,2., 3., or 4., above, or otherwise associated
with this contract, project or application, been a source of income of $500 or
276 Fourth Avenue
I Chula Vista I California I 91910
(619) 585-5722
4-63
NOV. 12.2009 10:39P.M
NO. 188
P. 4
~If?-
;---
""'"
OiUIA VISTA
Disclosure Statement***
more to an official"" of the City of Chula Vista in the past twelve (12)
months? Yes No~
If Yes, identity the official.. and the nature of the income provided?
Date: 11/12/09
~~
Signature of Contractor/Applicant
/CANt- L-. /-Iu~v
Print or type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, or any other
group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a hoard, commission, or committee of the City, and City
employees or staff members.
***
This Disclosure Statement must be completed at the time the project application, or
contract, is submitted to City staff for processing, and updated within one week prior
to consideration by the legislative body.
Last Updated: Soptember 8, 2009
276 Fourth Avenue
I Chula Vista I California I 91910
(619) 585-5722
4-64
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ORDERING: (I) THE SUMMARY
VACATION OF THE OPEN SPACE EASEMENT
IDENTIFIED IN COUNTY DOCUMENT NO. 2001-
0272342; AND (2) ABANDONMENT OF TI-IE RIGHT
TO ACCEPT THE IRREVOCABLE OFFER OF
DEDICA TION OF FEE INTEREST IDENTIFIED IN
COUNTY DOCUMENT NO. 2001-0272343"
WHEREAS, as a condition of approval for the final maps for Otay Ranch Village
One: Phase I B, 2B, and 4, Otay Project LP ("Developer") was required to convey
1,079.5 I-acres to the Otay Ranch Resource Preserve; and
WHEREAS, the conveyance of the land, located entirely within the
unincorporated area of the County, in the area of Village 13, for the Otay Ranch Preserve
Conveyance Plan was done by the following documents: (i) Open Space Easement Deed
(Document No. 2001-0272342) that conveyed 254.71 acres to the City and the County
(the "Easement"); and (ii) Irrevocable Offer of Dedication of Fee Interest (Document No.
2001-0272343) that conveyed 824.8 acres to the City and the County (the "100"); and
WHEREAS, in October of this year, the Applicant requested that the POM vacate
the Easement and 100 in exchange for granting to the City and the County, replacement
land of an equal acreage, within the limits of the Resource Preserve, but in a different
location; and
WHEREAS, Part 3 (commencing with Section 8300) of Division 9 of the
California Streets and Highways Code ("Public Streets, Highways, and Service
Easements Vacation Law"), at Chapter 4, provides the authority and procedures for thc
summary vacation of public service easements and Government Code Section 7050
authorizes the abandonment of the right to accept an irrevocable offer of dedication in the
same manner; and
WHEREAS, Section 8333 of the Public Streets, Highways, and Service
Easements Vacation Law specifically allows for summary vacation proceedings when an
easement has been superseded by relocation, and there are no other public facilities
located within the easement; and
WHEREAS, the Easement and 100 will be superseded by the equal exchange of
acreage of Preserve land in a different location, but within the same limits of the Otay
Ranch Preserve Conveyance Plan and there are no other facilities located within the
encumbered area; and
WHEREAS, the easement area that is the subject of this offer to vacate is the area
that is subject to, and particularly described on, the Easement and IOD, Open Space
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Easement Deed (Document No. 2001-0272342), a copy of which is on file in the office of
the City Clerk; and
WHEREAS, the IOD area that is subject to this action to abandon the offer of
dedication is the area that is subject to, and particularly described on, the Easement and
IOD, Open Space Easement Deed (Document No. 2001-0272342), a copy of which is on
file in the office of the City Clerk; and
WHEREAS, from and after the date this resolution is recorded, the Easement and
IOD no longer constitute an open space easement or irrevocable offer of dedication of fee
interest for open space.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby vacate the Fee Interest recorded as Document No. 2001-0272343, and the
Open Space Easement Deed recorded as Document No. 2001-0272342.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to record a
certified copy of this resolution with the Office of the San Diego County Recorder.
Submitted by:
Gary Halbert, AICP, PE
Deputy City Manager/
Director of Development Services
4-66