HomeMy WebLinkAbout2010/04/20 Item 14
CITY COUNCIL &
REDEVELOPMENT AGENCY
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
~\(f:. CITY OF
J= (HULA VISTA
APRIL 20, 2010
Item~
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING A COOPERATIVE
REMEDIATION AGREEMENT WITH ROHR, INC., OPERATING
AS GOODRICH AEROSTRUCTURES
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH
OPPER AND V ARCO LLP PROVIDING LEGAL SUPPORT IN THE
IMPLEMENTATION OF THE COOPERATIVE REMEDIATION
AGREEMENT, THE POLANCO REDEVELOPMENT ACT AND
NEGOTIATIONS WITH THE SAN DIEGO REGIONAL WATER
QUALITY CONTROL BOARD AND OTHER RELATED WORK IN
CONJUNCTION THEREWITH AS DETERMINED BY THE
AGENCY'S GENERAL COUNSEL
DIRECTOR OF D~OPMENT SERVICE~
CITY MANAGER.~_
4/STHS VOTE: YES D NO I X
SUMMARY
The proposed Cooperative Remediation Agreement CCRA") between the Chula Vista
Redevelopment Agency CAgency") and Rohr, Incorporated (DBA as BF Goodrich Aerospace
Aerostructures Group or "Goodrich") is an agreement that allocates Agency funds toward the
remediation and/or environmental mitigation of environmental impacts related to the operations
of the Goodrich facility. The agreement also creates a cooperative partnership between Goodrich
and the Agency in the development of a Remedial Action Plan ("RAP"), implementation of an
approved RAP and use of the Polanco Redevelopment Act to provide immunities to future
owners, users, developers and lenders of the site.
The proposed legal services agreement with Opper and Varco, LLP will provide continuing
outside legal counsel to assist staff and the City Attorneys office in the implementation of the
CRA, negotiations with the San Diego Regional Water Quality Control Board and realizing the
immunities provided under the Polanco Redevelopment Act.
14-1
APRIL 20, 2010, Item~
Page 2
ENVIRONMENTAL REVIEW
Notwithstanding any term or condition of this CRA, the City and Agency fully reserve all
discretion to take or not take any discretionary actions upon completion of the environmental and
public review process for the Chula Vista Bayfront Master Plan CCVBMP") or any other land
use amendments on the Chula Vista Bayfront. Nothi~g in this CRA is intended or shall be
interpreted to limit the reservation of discretion or to commit the City or Agency to take any
discretionary actions or to commit the parties, individually or collectively, to any specific course
of action, that would result in the present approval of, or commitment, to any aspect of the
CVBMP or any other project. The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act ("CEQA") and
based on the foregoing has determined that there is no possibility that the activity may have a
significant effect on the environment; therefore, pursuant to Section l5061(b)(3) of the State
CEQA Guidelines, the activity is not subject to CEQA.
RECOMMENDA nON
The Redevelopment Agency adopts the resolutions.
BOARDS/COMMISSION RECOMMENDA nON
At the April 8 meeting of the Chula Vista Redevelopment Corporation the Board voted 6-0-1-0
on Resolutions "A" and "B".
DISCUSSION
During the community planning process for the CVBMP, the Citizens' Advisory Committee
recommended merging an independent planning effort that was underway by the North Chula
Vista Waterfront, L.P. ("Pacifica") for the Mid-Bayfront properties, into the overall planning
effort for the CVBMP. As a result of that consolidated planning process, a recommendation was
made to shift high-density residential land uses to the centrally located Harbor District and away
from the more environmentally sensitive Sweetwater District. The shift in residential uses would
require an exchange of Pacifica's Sweetwater District properties for Port-administered properties
in the Harbor District (the Port's trust obligations prohibit residential development on property it
administers).
Residential land uses in the Harbor District and the exchange of the Pacifica and Port properties
were components of the Proposed Project described in the Revised Draft Environmental Impact
Report (EIR) for the CVBMP circulated for public comment in May 2008.
Following its review of the EIR, Goodrich expressed concerns that the Proposed Project could
result in undesirable impacts on its industrial operations and that the proximity of the residential
development to its facilities would conflict with their operations.
Second Amendment to the Relocation Agreement
To facilitate redevelopment of the Bayfront, City, Agency and Port staff, along with outside
counsel, worked with Goodrich representatives for several months in an effort to understand and
address their concerns. The result of these discussions culminated in the approval of a Second
14-2
APRIL 20, 2010, Item~
Page 3
Amendment to the Relocation Agreement ("Second Amendment") between the City, Agency,
the San Diego Unified Port District ("Port"), and Goodrich.
The Cooperative Remediation Agreement
The Second Amendment addressed many of the concerns of Goodrich, the City! Agency, and the
Port however the Agency and Goodrich desired a separate agreement that defined how the
parties would cooperate on the preparation and implementation of proposed environmental
remediation activities necessary to ensure redevelopment of the Chula Vista Bayfront.
The proposed CRA between the Agency and Goodrich supports the existing and future
operations of the Goodrich facility while also providing Agency resources to hasten the
remediation of environmental impacts so as to promote redevelopment of the Bayfront
Redevelopment Project Area. The CRA has been drafted to include the following provisions:
Remedial Action Plan
. The Agency agrees to work with Goodrich and the Port on the preparation of a risk-based
RAP for the purpose of ensuring that actions taken to restore the environment to the
condition required by regulatory oversight are met as quickly and cost-effectively as
possible.
. The Agency agrees to assist in finalizing the RAP for presentation to the Regional Water
Quality Control Board ("RWQCB").
. The Agency will use its powers and authority under the Polanco Redevelopment Act
("Polanco") to assist Goodrich in environmental remediation activities to comply with the
terms of clean up and abatement order No 98-08 issued by the R WQCB.
. The Agency, through the use of Polanco, will seek liability protection, immunities and!or
other assurance from the R WQCB that will protect future users, owners, operators and
lenders who participate in the redevelopment of the Chula Vista Bayfront.
. Upon approval of a RAP by the R WQCB Goodrich and the Agency will enter into an
"Implementation Agreement" that will advance the prompt and cost-effective
implementation of the environmental remediation activities.
. Upon completion of the environmental remediation activities the Agency and Goodrich
will work to obtain documentation from the R WQCB stating that a permanent remedy to
the release(s) has been accomplished.
To ensure remediation activities, identified above, are implemented in a time frame that supports
development of the Chula Vista Bayfront the CRA includes the following financial participation
provIsions:
Financial Assistance
. Provide financial assistance to Goodrich for environmental remediation, air quality
mitigation and other qualifying investments which reduce the net energy consumption by
the Goodrich facility.
. Financial assistance will be distributed in annual payments due and payable on July 31 of
each year beginning in 2011 and ending in 2028.
14-3
APRIL 20, 20 I 0, Itemfi_
Page 4
. Financial assistance will be equal to fifty percent (50%) of eligible reimbursable expenses
not to exceed the maximum amount for that year as identified in Exhibit "COO of the
agreement.
. Reimbursable expenses that exceed the maximum amount for that year shall be carried
over as a credit balance due to Goodrich in future,years until the accrued surplus balance
is exhausted.
. Financial assistance provided by the Agency shall terminate by August 1, 2014, if the
land exchange between the Port and Pacifica has not received the necessary approvals.
However, if the land exchange receives the necessary approvals after August 1, 2014, the
financial assistance will be reinstated.
In consideration of the Agency participation, identified above, Goodrich agrees to withdraw their
objections to the CVBMP Draft EIR. The agreement also supports and encourages additional
capital investment by Goodrich into the Goodrich facility which continues to provide stable and
high paying jobs in the region.
Legal Services Agreement with Opper and Varco, LLP
Attorney Richard G. Opper of the firm Opper and Varco, LLP was retained by the City
Attorney's office to provide outside legal services concerning Bayfront redevelopment. Being
uniquely qualified in the disciplines of environmental and redevelopment law, Mr. Opper was
instrumental in assisting in the drafting of the recently approved Second Amendment and the
proposed CRA. Although these agreements represent significant milestones in moving forward
the redevelopment of the Chula Vista Bayfront a considerable amount of work still remains. The
proposed legal services agreement with Opper and Varco, LLP will provide staff and the City
Attorney's office the necessary support to implement the CRA, negotiate a Polanco Agreement
with the R WQCB and continue to provide the legal expertise necessary to ensure clean-up of the
brownfield properties located within the Bayfront redevelopment project area.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
Resolution A:
No fiscal impact in the current year.
Resolution B:
The proposed agreement with Opper and Varco, LLP will be for an amount not to exceed
$100,000 and is included in the Agency's budget.
ONGOING FISCAL IMPACT
Resolution A:
The proposed cooperative remediation agreement requires that the Agency begin providing
financial assistance to Goodrich on July 31, 2011 and ending in 2028. Financial assistance will
be equal to fifty percent (50%) of eligible reimbursable expenses not to exceed the maximum
14-4
APRIL 20, 2010, ItemK
Page 5
amount for that year as identified in Exhibit "C" of the agreement. The total amount of assistance
over the 17 years is $5 million with a net present value of approximately $3.1 million.
Resolution B:
The proposed agreement with Opper and Varco, LLP, will be for an amount not to exceed
$100,000 which is included in the Agency's budget.
A TT ACHMENTS
1. Cooperative Remediation Agreement
2. Legal Services Agreement with Opper and Varco, LLP
Prepared by: Eric C. Crockett. Redevelopment Manager
14-5
AGENCY RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING A
COOPERATIVE REMEDIATION AGREEMENT WITH ROHR,
INC., OPERATING AS GOODRICH AEROSTRUCTURES
WHEREAS, in 2002, Port, City and Agency joined together to create a master plan for
the approximately 556-acre Chula Vista Bayfront located in the City on the southeastern edge of
San Diego Bay, surrounding the new Goodrich campus; and
WHEREAS, said master plan is commonly known as the Chula Vista Bayfront Master
Plan ("CVBMP") and Port Master Plan Amendment ("PMP A"); and
WHEREAS, the CVBMP and PMP A are the subject of the Revised Draft Environmental
Impact Report (UPD # 83356-EIR-658; SCH # 2005081077) ("DEIR"); and
WHEREAS, the Port and City/Agency are the Lead Agency and the Responsible
Agencies, respectively, as those terms are defined in California Public Resources Code 99 21000
et seq.; and
WHEREAS, a component of the CVBMP may include a proposed exchange of land
owned by the Port commonly known as Parcels HP-5, H-13, H-14 and H-15; and
WHEREAS, as described in the DEIR, a portion of Parcels HP-5, H-13 and H-14 are
designated for residential use consisting of up to 1,500 multi-family units; and
WHEREAS, Goodrich has expressed its opposition in principle to the CVBMP or any
other land use designation that may have the potential to create incompatibilities between
residential development and Goodrich's manufacturing and related operations, and
inconsistencies between the proposed residential development and provisions of the Relocation
Agreement; and
WHEREAS, the parties wish to enter into a Cooperative Remediation Agreement
("CRA") for the purpose of addressing the environmental contamination identified in Cleanup
and Abatement Order No. 98-08 issued by the San Diego Regional Water Quality Control Board
("RWQCB"); and
WHEREAS, the Agency agrees to financially contribute by providing reimbursement to
Goodrich for expenses incurred with environmental remediation, air quality mitigation and other
qualifying investments which reduce the net energy consumption by the Goodrich facility; and
WHEREAS, the Agency through the use of the Polanco Redevelopment Act, California
Health and Safety Code Article 12, sections 33459 et seq. ("Polanco") will seek liability
protection, immunities and/or other assurance from the RWQCB that will protect future users,
owners, operators and lenders who participate in the redevelopment of the Chula Vista Bayfront;
and
14-6
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") and based on the CRA
not limiting the reservation of discretion or committing the City or Agency to take any
discretionary actions or committing the parties, individually or collectively, to any specific
course of action, that would result in the present approval of, or commitment, to any aspect of the
CVBMP or any other project has determined that there is no possibility that the activity may
have a significant effect on the environment; therefore; pursuant to Section 15061 (b )(3) of the
State CEQA Guidelines, the activity is not subject to CEQA
NOW THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of
Chula Vista does hereby approve a Cooperative Remediation Agreement with Rohr, Inc.,
operating as Goodrich Aerostructures and authorizes the Redevelopment Agency Chair to
execute the same.
Presented by
Jim Sandoval
City Manager! Executive Director
14-7
AGENCY RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT WITH OPPER AND V ARCO LLP PROVIDING
LEGAL SUPPORT IN THE IMPLEMENTATION OF THE
COOPERATIVE REMEDIATION "AGREEMENT, THE
POLANCO REDEVELOPMENT ACT AND NEGOTIATIONS
WITH THE SAN DIEGO REGIONAL WATER QUALITY
CONTROL BOARD AND OTHER RELATED WORK IN
CONJUNCTION THEREWITH AS DETERMINED BY THE
AGENCY'S GENERAL COUNSEL
WHEREAS, in 2002, Port, City and Agency joined together to create a master plan for
the approximately 556-acre Chula Vista Bayfront located in the City on the southeastern edge of
San Diego Bay, surrounding the new Goodrich campus; and
WHEREAS, said master plan is commonly known as the Chula Vista Bayfront Master
Plan CCVBMP") and Port Master Plan Amendment CPMP A"); and
WHEREAS, the CVBMP and PMP A are the subject of the Revised Draft Environmental
Impact Report (UPD # 83356-EIR-658; SCH # 2005081077) ("DEIR"); and
WHEREAS, the Port and City/Agency are the Lead Agency and the Responsible
Agencies, respectively, as those terms are defined in California Public Resources Code 99 21000
et seq.; and
WHEREAS, a component of the CVBMP may include a proposed exchange of land
owned by the Port commonly known as Parcels HP-5, H-13, H-14 and H-15; and
WHEREAS, as described in the DEIR, a portion of Parcels HP-5, H-13 and H-14 are
designated for residential use consisting of up to 1,500 multi-family units; and
WHEREAS, Goodrich has expressed its opposition in principle to the CVBMP or any
other land use designation that may have the potential to create incompatibilities between
residential development and Goodrich's manufacturing and related operations, and
inconsistencies between the proposed residential development and provisions of the Relocation
Agreement; and
WHEREAS, the parties proposed entering into a Cooperative Remediation Agreement
("CRA") for the purpose of addressing the environmental contamination identified in Cleanup
and Abatement Order No. 98-08 issued by the San Diego Regional Water Quality Control Board
("RWQCB"); and
WHEREAS, the Agency through the use of Polanco will seek liability protection,
immunities and/or other assurance from the RWQCB that will protect future users, owners,
operators and lenders who participate in the redevelopment of the Chula Vista Bayfront; and
14-8
WHEREAS, being uniquely qualified in the disciplines of environmental and
redevelopment law, Attorney Richard G. Opper of Opper and Varco LLP has been instrumental
in assisting staff in the drafting of the CRA and has extensive experience in the use of the
Polanco Redevelopment Act; and
WHEREAS, the continued involvement of Mr. Opper is necessary to begin
implementation of the CRA, the Polanco Redevelopment Act and negotiations with the
R WQCB; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") and has determined
that, pursuant to California Code of Regulations, section I 5378(b)(5), the activity is not
considered a "project" under CEQA, and therefore, no environmental review is required.
NOW THEREFORE BE IT RESOLVED, that the Chula Vista Redevelopment Agency
hereby approves an agreement with Opper and Varco LLP to provide legal support in the
implementation of the Cooperative Remediation Agreement, the Polanco Redevelopment Act
and negotiations with the San Diego Regional Water Quality Control Board and other related
work in conjunction therewith as determined by the Agency's General Counsel and authorizes
the Agency's General Counsel to execute the same.
Hw..'t:.~,,tt...-""I
Presented by
Jim Sandoval
City Manager/ Executive Director
14-9
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
:Xi
City Attorney
Dated: q / Lj, /0
COOPERATIVE REMEDIATION AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA AND
ROHR INC., OPERATING AS GOODRICH AEROSTRUCTURES
14-10
.'
COOPERATIVE REMEDIATION AGREEMENT
THIS COOPERATIVE REMEDIATION AGREEMENT (hereinafter
referred to as "Agreement") is made and entered into effective this _ day of
, 2010 ("Effective Date"), by and between the REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency formed pursuant to
Health and Safety Code 99 33000 et seq. ("Agency"), and ROHR, INC., operating as
Goodrich Aerostructures, a Delaware corporation and wholly owned subsidiary of The
Goodrich Corporation (hereinafter referred to as "Goodrich"). Agency and Goodrich are
from time to time hereinafter referred to individually as a "party" and collectively as the
"parties."
RECIT ALS
A. Goodrich Facility. Goodrich is the owner of certain real property
located on the Chula Vista Bayfront ("Bayfront") more particularly described in Exhibit A
(the "Goodrich Property"), upon which Goodrich owns and operates an aircraft
manufacturing plant ("Goodrich Facility").
B. Bayfront Redevelopment. The Agency, the City of Chula Vista ("City")
and the Port are currently considering and conducting environmental review for proposed
redevelopment of the Bayfront pursuant to the Chula Vista Bayfront Master Plan
("CVBMP"). (References to "City/Agency" are to the City and Agency jointly). The
CVBMP is the subject of the Revised Draft Environmental Impact Report for the Chula
Vista Bayfront Master Plan and Port Master Plan Amendment (UPD # 83356-EIR-658; SCH
# 2005081077) ("DEIR"). The San Diego Unified Port District ("Port") and City/Agency
are the Lead Agency and the Responsible Agencies, respectively, as those terms are defined
in California Public Resources Code 99 21000 et seq.
C. Residential Development. A key component of the CVBMP is a
proposed exchange of land owned by the Port commonly known as Parcels HP-5, H-l3, H-
14 and H-15, ("Port Exchange Property"). The CVBMP designates a portion of the Port
Exchange Property (Parcels HP-5, H-13 and H-14, as more particularly described in Exhibit
.Ill ("Residential Parcels") for residential use consisting of up to 1,500 multi-family units,
with the balance (Parcel H-15) designated for mixed-use office/commercial. To accomplish
this, the Port is currently considering an exchange of the Port Exchange Property for parcels
in the northerly area of the Bayfront currently held by a private developer ("Exchange
Parcels"), as well as corresponding adjustments to the jurisdictional boundaries of the Port
and City/Agency ("Land Exchange").
D. Operational Impacts. Goodrich has expressed concern to the Port and
City/Agency regarding incompatibilities between the proposed residential development on
the Port Exchange Property and the ongoing operation of the Goodrich Facility, including
increases in costs or potential liability to Goodrich relating to air emissions, visual, light,
odor, vibration, noise and other impacts of Goodrich's ongoing or future operations on the
N73129727 .712023813- 0000307216
I
14-11
future residents of the proposed residential development. Goodrich has also expressed
concern that placement of residential uses on the Residential Parcels could substantially
increase the cost and complexity of environmental remediation of the Bayfront.
E. Financial Assistance. The Agency has resources which may be applied
to the elimination of blight and to foster redeveloprilent within portions of the Chula Vista
Bayfront Redevelopment Project Area ("Redevelopment Project Area") located within the
CVBMP area, and has further committed to use powers and authority specific to it to
eliminate blight and hasten the remediation of environmental impacts so as to promote
redevelopment of the Redevelopment Project Area and to provide resources to assist in
accomplishing those goals. In order to offset a portion of the environmental remediation
costs and costs of air quality mitigation measures, as well as to encourage additional capital
investment by Goodrich in the Goodrich Facility, the Agency has agreed to provide
Goodrich with financial assistance for environmental remediation activities, air quality
mitigation, and capital investment in equipment that has energy saving impacts and/or other
net beneficial environmental effects ("Financing Assistance").
F. Environmental Remediation. The Agency has further agreed to use its
powers and authority under the Polanco Redevelopment Act, Health and Safety Code Article
12, sections 33459 et seq. ("Polanco Act"), or similar program, to assist Goodrich and the
Port in environmental remediation activities in, on and under the Bayfront. The Agency has
determined that use of such powers and authority will facilitate redevelopment in the Chula
Vista Bayfront Project Area, and will allow the Agency to seek liability protection,
immunities andlor other assurances from the SDRWQCB or other oversight authority
pursuant to the Polanco Act, or a similar program, on behalf of itself and of owners and
developers of Bayfront property undergoing environmental remediation activities.
G. Amendment To Relocation Agreement. Prior to the execution of this
Agreement, the Agency, the City, Goodrich and the Port entered into the Second
Amendment to Relocation Agreement ("Relocation Agreement Amendment"). In the
Relocation Agreement Amendment, the Port has agreed (subject to approval and
implementation of the Land Exchange) to execute and record against the Residential Parcels
certain easements, disclosures, releases and covenants designed and intended to reduce
potential costs and liabilities to Goodrich resulting from potential incompatibilities between
its ongoing and future operations and the proposed residential development. The Port and
City/Agency have also agreed to condition the approval of any residential development on
the Residential Parcels to avoid or mitigate incompatibilities between such development and
the ongoing operation of the Goodrich Facility, and to facilitate the prompt and cost-
effective remediation of environmental conditions within the CVBMP area.
H. Withdrawal of Objections; Cooperation. In consideration of the
undertakings and commitments of the Agency, City and Port set forth in this Agreement and
in the Relocation Agreement Amendment, Goodrich has agreed to withdraw its objections to
the CVBMP, including, without limitation, its objections to the residential development
proposed on the Residential Parcels and the DEIR. The parties have also agreed to
cooperate and work together to facilitate the environmental remediation of the Bayfront and
to take other actions as further described below.
N73129727.712023813- 0000307216
2
14-12
I. Reservation of Discretion. The parties understand, acknowledge and
agree that, notwithstanding the terms and conditions of this Agreement, (i) certain actions
(collectively, "Discretionary Actions") incidental to matters described in this Agreement,
including, without limitation, the Land Exchange and approval of the CYBMP, require the
exercise of discretion by one or more agencies pursuant to CEQA and (ii) such
Discretionary Actions cannot lawfully be committea to by contract pursuant to CEQA and
cases interpreting CEQA. The parties acknowledge that the environmental and public
review process for the Discretionary Actions are currently ongoing and that the Port, City
and Agency have not taken or committed to take any or all of the Discretionary Actions and,
notwithstanding any term or condition of this Agreement, the Port, City and Agency fully
reserve all discretion to take or not take any of the Discretionary Actions upon completion of
the environmental and public review process (such reservation by Port, City and Agency is
hereinafter called "Reservation of Discretion"). Nothing in this Agreement is intended or
shall be interpreted to limit the Reservation of Discretion or to commit the Port, City or
Agency to take any of the Discretionary Actions or to commit the parties, individually or
collectively, to any specific course of action that would result in the present approval of, or
commitment, to any aspect of the CYBMP. The Reservation of Discretion shall apply to all
contemplated legislative and quasi-judicial actions in connection with the Discretionary
Actions including, without limitation, approval of land use entitlements or permits,
disposition of interests in land, CEQA compliance, and the making of findings and
determinations required by law. In the event that the City or Agency take or fail to take one
or more of the Discretionary Action, any such action or inaction shall not constitute a breach
of such party's obligations under this Agreement or of any express or implied covenant
herein.
NOW, THEREFORE, for valuable consideration, the parties agree as follows:
Section 1
DEFINITIONS.
In this Agreement, unless the context otherwise requires:
(a) "Environmental Conditions" means the presence of Hazardous Substances.
(b) "Environmental Laws" means any federal, state or local law, statute, regulation,
rule, ordinance, permit, prohibition, restriction, requirement, agreement, consent or
approval, or any determination, directive, judgment, decree or order of any executive,
administrative or judicial authority at any federal, state or local level (whether now existing
or subsequently adopted or promulgated) relating to (a) environmental and/or toxic
contamination or pollution or (b) the protection of the environment, natural resources or
public health or safety from hazardous substances, materials, wastes, pollutants or
contaminants.
(c) "Environmental Remediation Activities" means the investigation,
administration, compliance, mitigation, remediation, cleanup or related actions resulting
from, concerning, or arising out of or in connection with Environmental Conditions.
N73 129727.712023813- 0000307216
3
14-13
(d) "Hazardous Substances" has the meaning ascribed to it in Section 33459 of the
Health & Safety Code.
Section 2
COOPERATION AND WITHDRAWAL OF OBJECTIONS.
2.1 Cooperation. The parties reCOghize and reaffirm the importance of
maintaining a cooperative relationship to achieve the timely and successful redevelopment
of the Bayfront, including the effective remediation of environmental contamination and
avoidance or mitigation of incompatibilities between residential development and
Goodrich's ongoing operations. Agency acknowledges the importance of the Goodrich
Facility in providing stable jobs and tax revenues and the need to ensure that surrounding
development is implemented in a manner consistent with the ongoing operation of a
manufacturing facility. Goodrich acknowledges the importance of working cooperatively
with the Agency and the Port to eliminate or minimize potential incompatibilities between
the Goodrich Facility and other land uses on the Bayfront.
2.2 Withdrawal of Objections. Goodrich agrees to withdraw, and hereby
withdraws, the objections lodged by it to the proposed CVBMP, including, without
limitation, the objections to the proposed residential development on the Residential Parcels
and to the contents of the DEIR set forth in correspondence from its legal counsel, Bingham
McCutchen LLP and its consultant CH2M Hill. Goodrich further agrees not to object to or
oppose approval of the CVBMP and/or the Land Exchange (in substantially the form
described in the DEIR) by any responsible agency or approving authority including,
without limitation, the California State Lands Commission and the California Coastal
Commission, or to bring any administrative or judicial challenge to such approvals.
Section 3
FINANCING ASSISTANCE.
3.1 Reimbursable Expenditures. The Agency shall provide Financing
Assistance to Goodrich with respect to Environmental Remediation, Air Quality
Mitigation, and Qualifying Investments (collectively, "Reimbursable Expenditures")
defined as follows:
(a) Environmental Remediation: Costs and expenses incurred with respect
to the investigation, administration, compliance, mitigation, remediation, cleanup or
related actions resulting from, concerning, or arising out of or in connection with the
presence of Hazardous Substances in, on, or under the CVBMP project area
("Environmental Remediation").
(b) Air Quality Mitigation: Any payment or investment with respect to the
acquisition, modification or rehabilitation of plant or equipment the effect of which
is to avoid or lessen Air Emissions ("Air Quality Mitigation"). As used herein, "Air
Emissions" means any emission regulated under any Environmental Laws.
(c) Qualifying Investment: Any payment or investment (up to a maximum
of $1,200,000) with respect to the acquisition, modification or rehabilitation of plant
or equipment the effect of which is to reduce net energy consumption by the
N73129727.7I2023813- 0000307216
4
14-14
Goodrich Facility, or to provide other beneficial environmental effects ("Qualifying
Investment").
3.2 Annual Installments. The Financing Assistance shall be comprised of cash
payments delivered to Goodrich in annual amounts due and payable on July 31 of each year
beginning in 2011 and ending in 2028 ("Installmeht Year[s]"). Amounts due and payable
for any period shall be equal to fifty percent (50%) of the Reimbursable Expenditures
during that period ("Reimbursement Amount[s!,). The Reimbursement Amount due and
payable to Goodrich in Installment Year 2011 shall be determined based upon
Reimbursable Expenditures incurred during the period January 1, 2010 through June 30,
2011. The Reimbursement Amounts due and payable to Goodrich in Installment Years
2012 through 2028 shall be determined based upon Reimbursable Expenditures incurred in
the immediately preceding fiscal year (July 1 through June 30).
3.3 Annual Limits and Deferred Obligation. The Reimbursement Amount
due and payable in any Installment Year shall not exceed the maximum amount specified
for that year in Exhibit C ("Payment Amount[s]"). If, in any Installment Year[s], the
Reimbursement Amount exceeds the Payment Amount, then the amount of the difference
("Deferred Obligation") shall not be immediately due and payable, but shall be paid out of
first available future Payment Amounts. Future Payment Amounts shall be used to repay
the Deferred Obligations in priority to all other payments.
3.4 Accrued Surplus Balance. In the event that in any year or years the
Payment Amount exceeds the Reimbursement Amount, then the amount of the difference
shall be carried over as a credit balance (all such amounts, collectively, "Accrued Surplus
Balance"), available for use for timely payments of Reimbursement Amounts due to
Goodrich in future years until the Accrued Surplus Balance is exhausted. The carryover of
the Accrued Surplus Balance shall be limited to two Installment Years unless Goodrich
provides written notice to the City/Agency, together with reasonably available supporting
documentation, that it was prepared in a given year to perform Environmental Remediation
and to expend funds thereon, but was delayed or prevented from doing so by the acts or
omissions of the Port, City/Agency or any regulatory agency, in which case the two-year
limit on carryover of the Accrued Surplus Balance shall be suspended and tolled for the
period during which the Environmental Remediation activities were delayed.
3.5 Certification of Expenditures. On or before June 30 of each Installment
Year, the Agency shall provide Goodrich with a statement setting forth the amount (if any)
of any Accrued Surplus Balance as of that Installment Year. On or before July 10 of each
Installment Year, Goodrich shall provide the Agency with a statement, signed by its
authorized agent, certifying (a) the amount of the Reimbursable Expenditures for the
preceding fiscal year (or, in the case of the Installment Year 2011, for the period January 1,
2010, through June 30, 2011) and that such Reimbursable Expenditures reflect expenditures
incurred in arms-length transactions with third parties; and (b) the amount of any Accrued
Surplus Balance (if any) due and payable in that Installment Year. At the Agency's
request, Goodrich shall provide the Agency with evidence reasonably supporting the
amount of the Reimbursable Expenditures, and Agency shall have the right, at its cost, to
audit the books and records of Goodrich concerning Reimbursable Expenditures (and shall
Al73129727.7/2023813- 0000307216
5
14-15
preserve as confidential any proprietary or confidential business information obtained in tbe
course of such an audit).
3.6 No Consequent Responsibility or Liability. The provision of Financing
Assistance by the Agency to Goodrich is intended to constitute financial assistance to
Goodrich generally witb respect to environmental:remediation, air quality mitigation and
capital investment, and not specifically with regard to any particular cost or expense, and
shall not render tbe Agency responsible or liable for any specific costs or expenses, or any
claims, losses, liabilities (including, without limitation, environmental claims or costs),
whether or not relating to Environmental Remediation, Air Quality Mitigation or
Qualifying Investments.
3.7 Land Exchange Contingency. If, by August 1, 2014, tbe Land Exchange
has not received tbe necessary approvals or for any otber reason has not occurred, the
Financing Assistance provided by tbe Agency shall terminate on tbat date, and tbe Agency
shall have no further obligation to provide Financing Assistance except as set forth below,
but all otber provisions of this Agreement and tbe Relocation Agreement Amendment shall
remain in full force and effect, including Goodrich's withdrawal of objections and
agreement not to challenge the approvals, as described in Section 2.2, and, in addition,
Goodrich shall not oppose or challenge tbe approval of residential development on tbe
Exchange Parcels pursuant to tbe General Plan and Local Coastal Program designations in
existence as of the Effective Date. In the event a land exchange occurs after August 1,
2014, except as provided below, the Agency's obligation to provide tbe Financing
Assistance shall be reinstated as of tbe date of close of escrow of tbe Land Exchange
("Reinstatement Date"), and, in addition, Agency shall pay Goodrich, witbin 30 days of tbe
Reinstatement Date, any Reimbursement Amounts tbat would have been due and payable
prior to tbe Reinstatement Date but for the suspension of tbe Financing Assistance on
August 1, 2014. In tbe event tbe Land Exchange does not occur, but tbe Port enters into a
different land exchange ("Other Land Exchange") that enables residential development to
occur on property within tbe Harbor District (as tbat district is defined in the CVBMP),
Goodrich agrees not to object to or challenge tbe Otber Land Exchange or tbe proposed
residential development provided the proposed development is no closer tban 1,250 feet
from tbe boundary of tbe Goodrich Facility. Under tbe foregoing circumstance, tbe Agency
shall provide Goodrich tbe Financing Assistance in the same manner and to tbe same extent
as provided for in Sections 3.1 through 3.6. In the event tbe Land Exchange or Otber Land
Exchange do not occur, but tbe Port enters into or proposes to enter into a land exchange
tbat would enable residential development to occur in tbe Harbor District witbin 1,250 feet
of tbe boundary of the Goodrich Facility, Goodrich shall cooperate and work together witb
tbe Port and City/Agency to address potential incompatibilities between such development
and tbe ongoing operation of tbe Goodrich Facility, but reserves the right to object to or
challenge such land exchange or proposed development in its sole and absolute discretion,
in which event the Financing Assistance shall terminate in 2014, but all otber provisions of
tbis Agreement and the Relocation Agreement Amendment shall remain in full force and
effect. In tbe event Goodrich agrees not to object to or challenge a land exchange enabling
residential development witbin 1,250 of tbe boundary of tbe Goodrich Facility, all of tbe
provisions of tbis Agreement and tbe Relocation Agreement Amendment shall remain in
full force and effect, including tbe obligation to provide Financing Assistance, together
Al73129727.7/2023813.00oo307216
6
14-16
with such other terms and conditions as may be added to these agreements to address
specific issues raised by the proposed development.
Section 4
ENVIRONMENTAL REMEDIATION
4.1 Cooperation and Immunities. The Agency and Goodrich, subject to the
terms and conditions set forth below, agree to cooperate and work together in efforts to
seek and obtain suitable liability protections, immunities and/or other assurances from the
San Diego Regional Water Quality Control Board ("SCRWQDB") or other authorized
oversight agency regarding Environmental Conditions on the Bayfront, pursuant to the
Polanco Redevelopment Act, Health and Safety Code Article 12, sections 33459 et seq.
("Polanco Act"), or similar program providing liability protections, immunities, or
assurances in connection with Environmental Remediation Activities.
4.2 Use of Polanco Act Authority. The Agency will, at its expense, use its
powers and authority under the Polanco Act to assist Goodrich in Environmental
Remediation Activities in, on and under the Bayfront including, without limitation, those
necessary to comply with the terms of Cleanup and Abatement Order No. 98-08 issued by
the SDRWQCB ("CAD"). The Agency has determined that use of such powers and
authority will facilitate redevelopment in the Chula Vista Bayfront Project Area, and will
allow the Agency to seek liability protection, immunities and/or other assurances from the
SDRWQCB or other oversight authority pursuant to the Polanco Act, or a similar program,
on behalf of itself and of owners and developers of Bayfront property undergoing
Environmental Remediation Activities. Agency agrees to use its best efforts to adopt the
[mdings and to take such further actions as may be required for the Agency and Goodrich
to seek and obtain the fullest liability protections, immunities, or assurances for all parties
eligible therefor pursuant to Health and Safety Code ~ 33459.5(e) and other applicable law.
4.3 Remedial Action Plan. Consultants jointly retained by Goodrich and the
Port are in the course of developing a combined Feasibility Study and Remedial Action
Plan ("RAP") for submission to and review by the SDRWQCBtargeted for the spring of
2010. The RAP will include a proposed remedial program directed to mitigating the
groundwater impacts that are the subject of the CAO. The Agency agrees to review the
proposed RAP and contribute consulting support, as needed and appropriate, to the design
of Environmental Remediation Activities, for the purpose of ensuring that actions taken to
restore the environment to the condition required by regulatory oversight are met as quickly
and cost -effectivel y as possible. Agency further agrees to assist in finalizing the RAP for
presentation to the SDRWQCB.
4.4 Presentation and Adoption of RAP. The parties shall cooperate and work
together and with the Port jointly to present the RAP (as it may be revised or amended) or
similar plans, programs or reports to the SDRWQCB and to use best efforts to obtain, with
respect to all Bayfront properties, the most cost-effective, risk-based, remediation standards
possible for Environmental Remediation Activities consistent with the applicable land uses
for such properties.
Al73129727.7/2023813- 0000307216
7
14-17
4.5 Implementation Agreement. In furtherance of the provIsIOns of this
Section 4, upon approval by the SDRWQCB of an acceptable RAP for Bayfront
Environmental Remediation Activities, the parties shall enter into an agreement
("Implementation Agreement") regarding the prompt and cost-effective implementation of
the Environmental Remediation Activities apprqved under the RAP and the actions
necessary to obtain liability and immunity protections available under the Polanco Act and
other applicable law. Pursuant to the Implementation Agreement, the Agency shall (a)
request the SDRWQCB to allow the parties to undertake investigation of, and response to,
Environmental Conditions identified in the RAP pursuant to the Polanco Act or a similar
program, and to obtain liability protections, immunities, or assurances for the parties and
other appropriate individuals and entities and successor owners of remediated property; and
(b) enter into such agreements with the SDRWQCB as may be reasonably necessary for
accomplishment of the purposes set forth in this Section 4.
4.6 Closure Letter; Monitoring. Upon completion of the Environmental
Remediation Activities, the parties shall cooperate and work together to obtain from the
SDRWQCB, in accordance with Health & Safety Code section 25264 or other applicable
law, a no further action letter, certification of completion, or similar document ("Closure
Letter") by the SDRWQCB determining that the Environmental Remediation Activities
have been successfully completed in accordance with the RAP, and that a permanent
remedy to the release has been accomplished. If the only actions necessary to complete the
Environmental Remediation Activities are periodic monitoring, sampling and reporting, the
parties shall cooperate and work together to obtain from the SDRWQCB a Closure Letter
certifying that the Environmental Remediation Activities have been successfully completed
subject only to the monitoring activities described therein. To the extent reasonably
necessary to obtain such a Closure Letter, the Agency shall undertake and agree to provide
oversight over and ensure completion of any outstanding monitoring activities. If the
Environmental Remediation Activities are completed in discrete stages or segments
involving separate Bayfront properties, the parties shall cooperate and work together to
obtain a Closure Letter as to each such separate property or group of properties.
4.7 No Recourse. For purposes of the Polanco Act, Health and Safety Code
section 33459.3(a), by entering into this Agreement and the Relocation Agreement
Amendment, and pursuant to any necessary implementing resolutions, the Agency
acknowledges that it is providing Goodrich with a material inducement to undertake and
complete, and Goodrich is voluntarily undertaking, an action to remedy or remove a
hazardous substance release on, under, and from property within a redevelopment project,
pursuant to Health and Safety Code section 33459.1. in accordance with a cleanup or
remedial action plan prepared by a qualified independent contractor and approved by the
SDRWQCB or other oversight agency, as appropriate. For purposes of the Polanco Act,
Health and Safety Code section 33459.I(b), the Agency has not identified any parties
responsible for the release of the Hazardous Substances subject to the Environmental
Remediation Activities. The Agency covenants and agrees that, provided Goodrich is in
compliance with its undertakings regarding remediation described in this Section 4.7, the
Agency shall not, directly or indirectly, seek recovery from Goodrich for any costs or
expenses (including interest and attorney's fees) in connection with the Environmental
N73129727.7/2023813- 0000307216
8
14-18
Remediation Activities, whether pursuant to Health and Safety Code section 33459.4 or
otherwise.
4.8 Future Remediation Properties. The parties anl1Clpate that certain
Bayfront properties including, without limitation, the property underlying the Goodrich
Facility and parcels subject to the CVBMP for which no specific development is currently
proposed ("Future Remediation Properties") will undergo Environmental Remediation
Activities (including soil remediation) pursuant to remedial action plans developed in the
future based upon the proposed land uses and submitted for approval to the SDRWQCB or
other authorized oversight agencies. The Agency will use its powers and authority under
the Polanco Act to assist Goodrich and the Port, with respect to Environmental
Remediation Activities undertaken for such Future Remediation Properties, in obtaining
liability protection, immunities and/or other assurances from the SDRWQCB or relevant
oversight agency pursuant to the Polanco Act, or a similar program, for all parties eligible
therefor pursuant to Health and Safety Code ~ 33459.5(e) in the same manner and to the
same extent as for the Environmental Remediation Activities undertaken pursuant to the
RAP.
Section 5
GENERAL PROVISIONS
5.1 Time of the Essence Time is of the essence of each and every obligation of
the parties under this Agreement.
5.2 Independent Contractors Each party is an independent contractor and
shall be solely responsible for the employment, acts, omissions, control and directing of its
employees. Except as expressly set forth herein, nothing contained in this Agreement shall
authorize or empower any party to assume or create any obligation or responsibility
whatsoever, express or implied, on behalf of or in the name of any other party or to bind
any other party or make any representation, warranty or commitment on behalf of any other
party.
5.3 Dispute Resolution In the event of any dispute or disagreement between
the parties arising out of or relating to the terms, conditions, interpretation, enforceability,
performance, breach, or any other aspect of this Agreement ("Dispute"), the parties shall
first attempt to resolve the Dispute informally. In the event the Dispute is not resolved
informally, prior to and as a precondition to the initiation of any legal action or proceeding,
the parties shall refer the Dispute for mediation to the nearest regional office of Judicial
Arbitration & Mediation Service Inc. (JAMS), or any successor thereto or, if none, to the
American Arbitration Association (AAA) (the "ADR Provider"). The Dispute shall be
mediated through informal, nonbinding joint conferences and/or separate caucuses with an
impartial third party mediator who will seek to guide the parties to a consensual resolution
of the Dispute. The mediator shall be selected by mutual agreement of the parties from a
list of mediators with significant experience in real estate matters to be provided by the
ADR Provider. If the parties are unable to agree upon the mediator, the ADR Provider
shall select the mediator. The mediation proceeding shall be conducted within 30 days (or
any mutually agreed longer period) after referral, and shall continue until any party
involved concludes, in good faith, that there is no reasonable possibility of resolving the
N73129727.7I2023813- 0000307216
9
14-19
Dispute without resort to a legal action or proceeding. All costs of the mediation shall be
shared equally by the parties involved. Each party shall bear its own attorneys' fees and
other costs incurred in connection with the mediation. In the event the parties are unable to
resolve the Dispute through mediation, in addition to any other rights or remedies, any
party may institute a legal action to cure, correct pr remedy any default, to enforce any
covenants or agreements herein or to enjoin any threatened or attempted violation thereof,
to recover damages for any default, or to obtain any remedies consistent with the purpose of
this Agreement.
5.4 No Joint Venture. Nothing in this Agreement shall be deemed to create
any form of business organization between the parties, including, without limitation, a joint
venture or partnership.
5.5 Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
5.6 Notices. All notices, demands and correspondence required or provided for
under this Agreement shall be in writing and delivered in person, sent by certified mail,
postage prepaid or sent by a nationally recognized overnight courier that provides
documentation of delivery.
Notices to the Agency shall be addressed as follows:
Redevelopment Agency of the
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9191 0
Attention: Redevelopment Agency Director
Notices to Goodrich shall be addressed as follows:
Goodrich Aerostructures
850 Lagoon Drive
Chula Vista, CA 91910-2098
Attention: Bob George
With a copy to:
Bingham McCutchen
Three Embarcadero Center
San Francisco, CA 94111
Attention: Geoffrey Robinson
And a copy to:
Goodrich Aerostructures
850 Lagoon Drive
Chula Vista, CA 91910-2098
N73129727.7/202381J- 0000307216
10
14-20
Attention: Group Counsel
A party may change its address by giving notice in writing to the other party
in the manner provided above. Thereafter, notices, demands and other correspondence
pertinent to this Agreement shall be addressed and trjillsmitted to the new address.
5.7 Rules of Construction. The singular includes the plural; "shall" is
mandatory, and "may" is pennissive. The parties acknowledge and agree that each of the
parties and each of the parties' attorneys have participated fully in the negotiation and
drafting of this Agreement. In cases of uncertainty as to the meaning, intent or
interpretation of any provision of this Agreement, the Agreement shall be construed
without regard to which of the parties caused, or may have caused, the uncertainty to exist.
No presumption shall arise from the fact that particular provisions were or may have been
drafted by a specific party, and prior versions or drafts of this Agreement shall not be used
to interpret the meaning or intent of this Agreement or any provision hereof.
5.8 Severability. If any provision of this Agreement is held invalid, void or
unenforceable but the remainder of the Agreement can be enforced without failure of
material consideration to any party, then this Agreement shall not be affected and it shall
remain in full force and effect, unless amended or modified by mutual consent of the
parties. Provided, however, that if the invalidity or unenforceability of any provision of
this Agreement results in a failure of material consideration, then the party adversely
affected thereby shall have the right in its sole discretion to tenninate this Agreement upon
providing written notice of such tennination to the other parties.
5.9 Entire Agreement, Waivers, Amendments. This Agreement, together
with the attached exhibits, constitutes the entire understanding and agreement of the parties
relating to the subjects covered by this Agreement and supersedes any and all prior versions
or drafts of this or any other agreement and all negotiations or previous agreements
between the parties dealing specifically with the subject matter hereof. All waivers of the
provisions of this Agreement must be in writing and signed by authorized representatives of
the Agency and Goodrich. The waiver by any party of any tenn, covenant, agreement or
condition contained in this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, agreement or condition, nor
shall any custom or practice which may grow up among the parties in the administration of
this Agreement be construed to waive or lessen the right of any party to insist upon
perfonnance in strict accordance with all of the provisions of this Agreement.
5.10 Further Action. Each party agrees to take all further actions reasonably
necessary to implement this Agreement.
5.11 Parties to Bear Their Own Costs. Except as specifically set forth in this
Agreement, each party to this Agreement shall bear its own costs, including, without
limitation, attorneys' and consultants' fees, incurred in connection with any negotiations,
strategic planning, analysis and due diligence related to this Agreement.
Al73129727.7I20238\3- 0000307216
11
1 4- 21
5.12 Captions. The headings and captions in this Agreement are solely for
convenience of reference and shall not affect the meaning or interpretation of any of the
terms of this Agreement.
5.13 Successors and Assigns. No inter~st in any right or remedy of any party
under or relating to this Agreement is subject to any assignment, hypothecation or other
alienation, whether voluntary or by operation of law, without the express prior written
consent of each party against whom such right or remedy may be enforced, which each
such party may grant or withhold in its absolute discretion. Any purported assignment
without such consent shall be null and void.
5.14 Third Parties. Except with respect to liability protections, immunities
and/or other assurances from the relevant oversight agency for third parties eligible therefor
pursuant to Health and Safety Code ~ 33459.5(e) or other applicable law, nothing in this
Agreement, whether express or implied, is intended to do any of the following:
(a) confer any benefits, rights or remedies under or by reason of this
Agreement on any persons other than the express parties to it;
(b) relieve or discharge the obligation or liability of any person not an
express party to this Agreement; or
(c) give any person not an express party to this Agreement any right of
subrogation or action against any party to this Agreement.
5.15 Exhibits. The following exhibits are attached and made a part of this
Agreement as though fully set forth herein:
Exhibit A:
Exhibit B:
Exhibit C:
Legal Description of Goodrich Property.
Legal Description of Residential Parcels.
Payment Schedule.
N73 129727.7/20238[3- 0000307216
12
14-22
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the
day and year first above written. :
Redevelopment Agency:
REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, a redevelopment agency
By:
Chair
Goodrich:
ROHR, INC., operating as GOODRICH
AEROSTRUCTURES, a Delaware corporation and
wholly owned subsidiary of THE GOODRICH
CORPORATION
By: 41~~
Name-: P"1ili'C 1>UJQ\\
Its: \)["--:",,,,1'1 \-
N73129727.7/2023813- 0000307216
13
14-23
GOODRICH PROPERTY
LEGAL DESCRIPTION
PARCEL 1:
,
THAT PORTION OF FRACTIONAL QUARTER SECTION 171 OF THE RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTHERLY
ALONG THE EASTERLY LINE OF SAID NORTHEAST QUARTER 170.00 FEET; THENCE WESTERLY
AND PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHEAST QUARTER 170.00 FEET TO A
POINT IN THE NORTHERLY LINE OF SANTA FE LAND IMPROVEMENT COMPANY'S PROPERTY IN
SAID LOT 171 AS DEFINED IN DEED DATED AUGUST 11, 1930 AND RECORDED IN BOOK 1804,
PAGE 223 OF DEEDS, SAID COUNTY RECORDS, THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTHERLY AND PARALLEL
WITH SAID EASTERLY LINE OF NORTHEAST QUARTER, 510.00 FEET TO THE MOST EASTERLY
CORNER OF THE LAND CONVEYED TO ROHR AIRCRAFT CORPORATION BY DEED DATED
SEPTEMBER 27,1940 AND RECORDED IN BOOK 1085, PAGE 113 OF OFFICIAL RECORDS; THENCE
CONTINUING SOUTHERLY AND PARALLEL WITH SAID EASTERLY LINE OF SAID QUARTER
SECTION 680.00 FEET, MORE OR LESS, TO POINT OF INTERSECTION WITH THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF "H" STREET, AS SHOWN ON MAP NO. 1198, OF
RESUBDIVISION OF BAY VILLA TRACT ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE OF QUARTER
SECTION 550.00 FEET, MORE OR LESS, TO THE ORDINARY HIGH TIDE LINE OF THE SAN DIEGO
BAY; THENCE NORTHWESTERLY ALONG SAID HIGH TIDE LINE TO INTERSECTION WITH THE
SOUTHERLY OF THE NORTHERLY 20.00 FEET OF SAID QUARTER SECTION 171; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE TO THE MOST WESTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO DEFENSE PLANT CORPORATION BY DEED DATED SEPTEMBER 2,1943
AND RECORDED IN BOOK 1550, PAGE 304 OF OFFICIAL RECORDS; THENCE ALONG THE
BOUNDARIES OF SAID CORPORATIONS' LAND AS FOLLOWS:
SOUTHERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID QUARTER SECTION A DISTANCE
OF 250.00 FEET; EASTERLY AND PARALLEL WITH THE NORTHERLY LINE OF SAID QUARTER
SECTION A DISTANCE OF 395.25 FEET; NORTHERLY AND PARALLEL WITH THE EASTERLY LINE
OF SAID QUARTER SECTION A DISTANCE OF 250.00 FEET TO INTERSECTION WITH SAID
SOUTHERLY LINE OF THE NORTHERLY 20.00 FEET OF SAID QUARTER SECTION 171; THENCE
EASTERLY ALONG SAID SOUTHERLY LINE TO INTERSECTION WITH THE WESTERLY LINE OF THE
EASTERLY 348.19 FEET OF SAID QUARTER SECTION 171; THENCE SOUTHERLY ALONG SAID
WESTERLY LINE 150.00 FEET TO A POINT IN SAID NORTHERLY LINE OF THE SANTA FE LAND
IMPROVEMENT COMPANY'S LAND; THENCE EASTERLY ALONG SAID NORTHERLY LINE 178.19
FEET TO THE TRUE POINT OF BEGINNING.
N73326804.1
1
14-24
PARCEL 2:
THAT PORTION OF THE NORTHEAST QUARTER OF QUARTER SECTION 171 OF THE RANCHO DE
LA NACION, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF BY MORR4LL NO. 166, ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION 171; THENCE WESTERLY
ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION, 568.46 FEET; THENCE SOUTHERLY
PARALLEL WITH THE EASTERLY LINE OF SAID QUARTER SECTION 20.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY PARALLEL WITH THE EASTERLY LINE
OF SAID QUARTER SECTION A DISTANCE OF 250.00 FEET; THENCE WESTERLY PARALLEL WITH
SAID NORTHERLY LINE OF QUARTER SECTION A DISTANCE OF 108.57 FEET; THENCE
NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF THE QUARTER SECTION, 250.00 FEET;
THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE 108.57 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE NORTHERLY HALF OF THE NORTHWESTERLY QUARTER OF THE
NORTHWESTERLY QUARTER OF QUARTER SECTION 163 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 166 BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID QUARTER SECTION 163 DISTANT
THEREON 20.00 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF SAID QUARTER
SECTION; THENCE EASTERLY ALONG SAID NORTHERLY LINE BEING ALONG THE CENTERLINE
OF "G" STREET 300.00 FEET TO THE NORTHWESTERLY CORNER OF A TRACT OF LAND
CONVEYED TO ROBERT R. JACKSON BY DEED DATED OCTOBER 18,1946, AND FILED OCTOBER
21, 1946, IN BOOK 2254, PAGE 495 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID TRACT CONVEYED TO JACKSON AND ITS SOUTHERLY EXTENSION
330.00 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID NORTHERLY HALF OF THE
NORTHWESTERLY QUARTER OF THE NORTHWESTERLY QUARTER OF QUARTER SECTION 163;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE 300.00 FEET TO ITS INTERSECTION WITH A
LINE DRAWN PARALLEL WITH AND DISTANT 20.00 FEET AT RIGHT ANGLES EASTERLY FROM THE
WESTERLY LINE OF SAID QUARTER SECTION; THENCE NORTHERLY ALONG SAID PARALLEL LINE
330.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
PARCEL 4;
THE SOUTHERLY HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
QUARTER SECTION 163 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL,
NO. 166, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM THE EASTERLY 200.00 FEET AND THE NORTHERLY 75.00 FEET
Al73326804.1
2
14-25
THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED COURSES (1) AND (2) AND EASTERLY OF
THE FOLLOWING DESCRIBED COURSES (3), (4) AND (5):
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF/SAID BLOCK "A", DISTANT ALONG SAID
SOUTHERLY LINE NORTH 72E12'15" EAST, 131.23 FEET FROM THE SOUTHWESTERLY CORNER
OF SAID BLOCK "A"; THENCE (1) NORTH 61 E41 '00" EAST, 76.50 FEET; THENCE (2) ALONG A
TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 54.00 FEET, THROUGH AN ANGLE OF
68E25'37", A DISTANCE OF 64.49 FEET; THENCE (3) NORTH 06E44'37" WEST, 36.30 FEET; THENCE
(4) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1970.00 FEET, THROUGH AN
ANGLE OF 06E52'02", A DISTANCE OF 236.12 FEET; THENCE (5) NORTH 13E36'39" WEST, 680.35
FEET; THENCE (6) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1970.00 FEET,
THROUGH AN ANGLE OF 04E32'45", A DISTANCE OF 156.30 FEET; THENCE (7) NORTH 18E09'24"
WEST, 119.67 FEET TO THE NORTHERLY LINE OF SAID QUARTER SECTION 163, DISTANT ALONG
SAID NORTHERLY LINE NORTH 72E06'52" EAST, 384.57 FEET FROM THE NORTHWESTERLY
CORNER OF SAID QUARTER SECTION 163. ALSO EXCEPTING THE WESTERLY 20.00 FEET
THEREOF.
PARCEL 5:
THE WESTERLY 270.00 FEET OF THE NORTHERLY 75.00 FEET OF THE SOUTHERLY HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 163 OF THE
RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF, BY MORRILL, NO. 166, ON FILE IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THE WESTERLY 20.00 FEET THEREOF.
PARCEL 6:
LOTS 1 THROUGH 11, IN BLOCK "A", OF RE-SUBDIVISION OF BAY VILLA TRACT, IN THE CITY OF
CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1198, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AUGUST 6, 1909. ALSO THAT PORTION OF WALNUT AVENUE 20.00 FEET WIDE NORTH OF "H"
STREET ADJOINING SAID BLOCK "A": ON THE WEST AND THE ALLEY IN SAID BLOCK "A", SAID
AVENUE AND ALLEY BEING VACATED AND CLOSED TO PUBLIC USE. EXCEPT FROM SAID BLOCK
"A", AND VACATED ALLEY THE INTEREST OF THE STATE OF CALIFORNIA IN THOSE PORTIONS
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE CENTER LINE OF "H" STREET, DISTANT THEREON SOUTH
71E41'20" WEST, 338.29 FEET FROM THE INTERSECTION OF THE CENTER LINES OF SAID "H"
STREET AND BAY BOULEVARD AS SAID STREET AND BOULEVARD ARE SHOWN ON SAID MAP
NO. 1198; THENCE NORTH 18E18'40" WEST, 40.00 FEET; THENCE NORTH 00EOO'20" EAST, 348.10
FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 560.00 FEET,
THROUGH AN ANGLE OF 16E16'02", A DISTANCE OF 158.99 FEET; THENCE NORTH 18E24'21"
WEST, 795.08 FEET TO A POINT ON THE NORTHERLY LINE OF QUARTER SECTION 163, IN THE
Ai73326804.1
3
14-26
_.-.-~.-
RANCHO DE LA NACION, ACCORDING TO MAP THEREOF BY MORRILL NO. 166, ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING ALSO THE CENTER LINE
OF "G" STREET, ACCORDING TO MAP THEREOF NO. 166, DISTANT THEREON SOUTH 71E30'05"
WEST, 200.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID QUARTER SECTJON 163. EXCEPTING THEREFROM THAT
PORTION LYING SOUTHERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED COURSES
(1) AND (2) AND EASTERLY OF THE FOLLOWING DESCRIBED COURSES (3), (4) AND (5):
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID BLOCK "A", DISTANT ALONG SAID
SOUTHERLY LINE NORTH 72E12'15" EAST, 131.23 FEET FROM THE SOUTHWESTERLY CORNER
OF SAID BLOCK "A"; THENCE (1) NORTH 61E41'00" EAST, 76.50 FEET; THENCE (2) ALONG A
TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 54.00 FEET, THROUGH AN ANGLE OF
68E25'37", A DISTANCE OF 64.49 FEET; THENCE (3) NORTH 06E44'37" WEST, 36.30 FEET; THENCE
(4) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1970.00 FEET, THROUGH AN
ANGLE OF 06E52'02", DISTANCE OF 236.12 FEET; THENCE (5) NORTH 13E36'39" WEST, 680.35
FEET; THENCE (6) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1970.00 FEET,
THROUGH AN ANGLE OF 04E32'45", A DISTANCE OF 156.30 FEET; THENCE (7) NORTH 18E09'24"
WEST, 119.67 FEET TO THE NORTHERLY LINE OF SAID QUARTER SECTION 163, DISTANT ALONG
SAID NORTHERLY LINE NORTH 72E06'52" EAST, 384.57 FEET FROM THE NORTHWESTERLY
CORNER OF SAID QUARTER SECTION 163.
PARCEL 7:
ALL THAT PORTION OF QUARTER SECTION 171, OF THE RANCHO DE LA NACION, IN THE CITY OF
CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166, BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION 171; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION A DISTANCE OF 677.03
FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID QUARTER SECTION A
DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING, BEING THE NORTHWESTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO ROHR AIRCRAFT CORPORATION, RECORDED
SEPTEMBER 19, 1955 IN BOOK 5797, PAGE 150 OF OFFICIAL RECORDS; THENCE SOUTHERLY
PARALLEL WITH THE EASTERLY LINE OF SAID QUARTER SECTION, BEGIN ALONG THE
WESTERLY LINE OF SAID LAND ABOVE MENTIONED, 250.00 FEET TO THE SOUTHWESTERLY
CORNER THEREOF, BEING A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED UNDER
PARCEL 2 IN DEED TO HARBOR AIRCRAFT CORPORATION, RECORDED DECEMBER 7, 1949, IN
BOOK 3410, PAGE 457 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID NORTHERLY
LINE, BEING PARALLEL WITH SAID NORTHERLY LINE OF SAID QUARTER SECTION, A DISTANCE
OF 176.68 FEET TO THE WESTERLY LINE OF THE EASTERLY 853.71 FEET OF SAID QUARTER
SECTION 171; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF SAID QUARTER
SECTION A DISTANCE OF 250.00 FEET; THENCE EASTERLY PARALLEL WITH SAID NORTHERLY
LINE OF SAID QUARTER SECTION A DISTANCE OF 176.68 FEET TO THE TRUE POINT OF
BEGINNING.
A/73326804.1
4
14-27
EXCEPTING FROM THE SOUTHERLY 100.00 FEET OF SAID lAND All Oil, GAS, OR OTHER
HYDROCARBON SUBSTANCES WHICH MAY BE CONTAINED IN OR UNDER SAID LAND, PROVIDED
THAT THE FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHAll NOT HAVE THE RIGHT TO GO
UPON OR USE THE SURFACE OF THE lAND THEREBY CONVEYED FOR THE PURPOSE OF
REMOVING SUCH SUBSTANCES OR ANY OF THEM, AS RESERVED BY THE SANTA FE LAND
IMPROVEMENT CO., IN DEED RECORDED OCTOBER 15, 1940, IN BOOK 1085, PAGE 113 OF
OFFICIAL RECORDS.
PARCEL 8:
All THAT PORTION OF QUARTER SECTION 171 OF RANCHO DE lA NACION, IN THE CITY OF
CHUlA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166 BY MORRill, FilED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION 171; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION A DISTANCE OF 853.71
FEET; THENCE SOUTHERLY PARAllEL WITH THE EASTERLY LINE OF SAID QUARTER SECTION A
DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING, BEING THE NORTHWESTERLY
CORNER OF THE lAND DESCRIBED IN DEED TO ROHR CORPORATION, RECORDED MARCH 1,
1967 AS DOCUMENT NO. 27212 OF OFFICIAL RECORDS; THENCE SOUTHERLY PARAllEL WITH
SAID EASTERLY LINE OF SAID QUARTER SECTION, BEING ALONG THE WESTERLY LINE OF SAID
lAND LAST MENTIONED, A DISTANCE OF 250.00 FEET TO A POINT IN THE NORTHERLY LINE OF
THE LAND DESCRIBED UNDER PARCEL 2 IN DEED TO HARBOR AIRCRAFT CORP., RECORDED
DECEMBER 7, 1949 IN BOOK 3410, PAGE 457 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG
SAID NORTHERLY LINE BEING PARAllEL WITH SAID NORTHERLY LINE OF SAID QUARTER
SECTION A DISTANCE OF 110.00 FEET TO AN ANGLE POINT IN SAID LAND UNDER PARCEL 2;
THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LAND A DISTANCE OF 250.00
FEET; THENCE EASTERLY PARAllEL WITH SAID NORTHERLY LINE 110.00 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING FROM THE SOUTHERLY 100.00 FEET OF SAID LAND All Oil, GAS OR OTHER
HYDROCARBON SUBSTANCES WHICH MAY BE CONTAINED IN OR UNDER SAID LAND; PROVIDED
THAT THE FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHAll NOT HAVE THE RIGHT TO GO
UPON, OR USE THE SURFACE OF THE LAND THEREBY CONVEYED FOR THE PURPOSE OF
REMOVING SUCH SUBSTANCES OR ANY OF THEM. RESERVED BY SANTA FE LAND
IMPROVEMENT CO. IN DEED RECORDED OCTOBER 15, 1940 IN BOOK 1085, PAGE 113 OF
OFFICIAL RECORDS.
PARCEL 9:
All THAT PORTION OF THE NORTHERLY HALF OF THE NORTHWESTERLY QUARTER OF THE
NORTHWESTERLY QUARTER OF QUARTER SECTION 163 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF BY MORRill, NO. 163, FilED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DESCRIBED AS FOllOWS:
AJ73326B04.1
5
14-28
-"""-'=-,......,
COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID QUARTER SECTION, DISTANT
THEREOF 340.00 FEET WESTERLY FROM THE NORTHEASTERLY CORNER OF SAID
NORTHWESTERLY QUARTER OF THE NORTHWESTERLY QUARTER, SAID POINT OF
COMMENCEMENT BEING THE NORTHEASTERLY CORNER OF PARCEL OF LAND CONVEYED TO
ROHR AIRCRAFT CORPORATION BY DEED DATED DECEMBER 22,1954, AND RECORDED IN BOOK
5502, PAGE 157 OF OFFICIAL RECORDS; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY
LINE OF SAID QUARTER SECTION, BEING ALONG THE EASTERLY LINE OF ROHR AIRCRAFT
CORPORATION LAND, 230.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY
PARALLEL WITH THE NORTHERLY LINE OF SAID QUARTER SECTION 140.00 FEET, MORE OR
LESS, TO THE WESTERLY LINE OF THE EAST 200.00 FEET OF SAID NORTHWESTERLY QUARTER
OF THE NORTHWESTERLY QUARTER CONVEYED TO THE STATE OF CALIFORNIA, BY DEED
DATED OCTOBER 21, 1948 AND RECORDED IN BOOK 3050, PAGE 125 OF OFFICIAL RECORDS;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EAST 200.00 FEET, A DISTANCE OF
100.00 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID NORTHERLY HALF OF THE
NORTHWESTERLY QUARTER OF THE QUARTER OF SAID QUARTER SECTION; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE 140.00 FEET, MORE OR LESS, TO A POINT ON THE
EASTERLY LINE OF THE AFOREMENTIONED LAND CONVEYED TO ROHR AIRCRAFT
CORPORATION; THENCE NORTHERLY ALONG SAID LINE 100.00 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF BLOCK "A" OF THE RESUBDIVISION OF BAY
VILLA TRACT, ACCORDING TO MAP THEREOF NO. 1198 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 6,1909, DISTANT ALONG SAID SOUTH LINE NORTH
72E12'15" EAST, 131.23 FEET FROM THE SOUTHWESTERLY CORNER OF SAID BLOCK "A"; THENCE
(1) NORTH 61E41'00" EAST, 76.50 FEET; THENCE (2) ALONG A TANGENT CURVE TO THE LEFT,
WITH A RADIUS OF 54.00 FEET, THROUGH AN ANGLE OF 68E25'37", A DISTANCE OF 64.49 FEET;
THENCE (3) NORTH 06E44'37" WEST, 36.30 FEET; THENCE (4) ALONG A TANGENT CURVE TO THE
LEFT WITH A RADIUS OF 1970.00 FEET, THROUGH AN ANGLE OF06E52'02", A DISTANCE OF
236.12 FEET; THENCE (5) NORTH 13E36'39" WEST, 680.35 FEET; THENCE (6) ALONG A TANGENT
CURVE TO THE LEFT, WITH A RADIUS OF 1970.00 FEET, THROUGH AN ANGLE OF 04E32'45", A
DISTANCE OF 156.30 FEET; THENCE (7) NORTH 18E09'24" WEST, 119.67 FEET TO THE
NORTHERLY LINE OF SAID QUARTER SECTION 163, DISTANT ALONG SAID NORTHERLY LINE
NORTH 72E06'52" EAST, 384.57 FEET FROM THE NORTHWESTERLY CORNER OF SAID QUARTER
SECTION 163.
PARCEL 10:
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF QUARTER SECTION 163 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF MADE
BY GEORGE MORRILL IN 1868, NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
AI73326804.1
6
14-29
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID QUARTER SECTION 163, WHICH IS
270.00 FEET WESTERLY OF THE NORTHEAST CORNER OF SAID NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 163;
THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID QUARTER SECTION 230.00
FEET; THENCE WESTERLY PARALLEL WITH SAID NORTj:lERL Y LINE, 70.00 FEET; TO A POINT ON
THE EASTERLY LINE OF THE LAND CONVEYED TO ROHR AIRCRAFT CORPORATION BY DEED
RECORDED JANUARY 20, 1955 IN BOOK 5502, PAGE 157 OF OFFICIAL RECORDS; THENCE
NORTHERLY PARALLEL WITH SAID WESTERLY LINE OF SAID QUARTER SECTION, AND ALONG
THE EASTERLY LINE OF SAID ROHR AIRCRAFT CORPORATION LAND 230.00 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID QUARTER SECTION 163; THENCE EASTERLY ALONG SAID
NORTHERLY LINE 70.00 FEET TO POINT OF COMMENCEMENT.
EXCEPTING THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF BLOCK "A" OF THE RESUBDIVISION OF BAY
VILLA TRACT, ACCORDING TO MAP THEREOF NO. 1198, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1909, DISTANT ALONG SAID SOUTH LINE,
NORTH 72E12'15" EAST, 131.23 FEET FROM THE SOUTHWESTERLY CORNER OF SAID BLOCK "A";
THENCE (1) NORTH 61E41'00" EAST, 76.50 FEET; THENCE (2) ALONG A TANGENT CURVE TO THE
LEFT, WITH A RADIUS OF 54.00 FEET, THROUGH AN ANGLE OF 68E25'37" A DISTANCE OF 64.49
FEET; THENCE (3) NORTH 06E44'37" WEST, 36.30 FEET; THENCE (4) ALONG A TANGENT CURVE
TO THE LEFT, WITH A RADIUS OF 1970.00 FEET, THROUGH AN ANGLE OF 06E52'02" A DISTANCE
OF 236.12 FEET; THENCE (5) NORTH 13E36'39" WEST, 680.35 FEET; THENCE (6) ALONG A
TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1970.00 FEET, THROUGH AN ANGLE OF
04E32'45" A DISTANCE OF 156.30 FEET; THENCE (7) NORTH 18E09'24" WEST, 119.67 FEET TO THE
NORTHERLY LINE OF SAID QUARTER SECTION 163, DISTANCE ALONG SAID NORTHERLY LINE,
NORTH 72E06'52" EAST, 384.57 FEET FROM THE NORTHWESTERLY CORNER OF SAID QUARTER
SECTION 163.
PARCEL 11:
ALL THAT PORTION OF THE SOUTHERLY HALF OF THE NORTHWESTERLY QUARTER OF THE
NORTHWESTERLY QUARTER OF QUARTER SECTION 163 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF BY MORRILL, NO. 163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID QUARTER SECTION, DISTANT
THEREON 340.00 FEET WESTERLY FROM THE NORTHEASTERLY CORNER OF SAID
NORTHWESTERLY QUARTER OF THE NORTHWESTERLY QUARTER, SAID POINT OF
COMMENCEMENT BEING THE NORTHEASTERLY CORNER OF PARCEL OF LAND CONVEYED TO
ROHR AIRCRAFT CORPORATION BY DEED DATED DECEMBER 22,1954, AND RECORDED IN BOOK
5502, PAGE 157 OF OFFICIAL RECORDS; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY
LINE OF SAID QUARTER SECTION, BEING ALONG THE EASTERLY LINE OF ROHR AIRCRAFT
CORPORATION LAND, 230.00 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN
DEED TO ROHR CORPORATION, RECORDED SEPTEMBER 23,1968 AS INSTRUMENT NO. 163920
Al73326804.1
7
14-30
OF OFFICIAL RECORDS; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE BEING
ALSO THE WESTERLY LINE OF LAST MENTIONED DEED 100.00 FEET TO A CORNER IN THE
BOUNDARY OF LAND DESCRIBED IN QUITCLAIM DEED TO ROHR AIRCRAFT CORPORATION,
RECORDED MARCH 2, 1961 AS INSTRUMENT NO. 37572 OF OFFICIAL RECORDS; BEING THE TRUE
POINT OF BEGINNING; THENCE WESTERLY ALONG A,LlNE PARALLEL WITH THE NORTHERLY
LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, BEING ALONG THE
BOUNDARY OF SAID LAST MENTIONED LAND, 50.00 FEET; THENCE SOUTHERLY AT RIGHT
ANGLES TO LAST DESCRIBED LINE, BEING ALONG SAID BOUNDARY, 75.00 FEET; THENCE
CONTINUING ALONG SAID BOUNDARY, EASTERLY ALONG A LINE WHICH IS PARALLEL WITH THE
NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE
OF 190.00 FEET MORE OR LESS TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE
OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, BY DEED DATED OCTOBER 21,
1948 AND RECORDED IN BOOK 3050, PAGE 125 OF OFFICIAL RECORDS; THENCE NORTHERLY
ALONG SAID WESTERLY LINE 75.00 FEET TO THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF LAND DESCRIBED IN SAID DEED TO ROHR CORPORATION RECORDED
SEPTEMBER 23,1968, BEING THE SECOND DEED MENTIONED ABOVE; THENCE WESTERLY
ALONG SAID EASTERLY PROLONGATION 140.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT DISTANT NORTH 72E12'15" EAST, 131.23 FEET FROM THE
SOUTHWESTERLY CORNER OF BLOCK "A" OF RESUBDIVISION OF BAY VILLA TRACT,
ACCORDING TO MAP THEREOF NO. 1198, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 6,1909; THENCE (1) NORTH 61 E41 '00" EAST, 76.50 FEET; THENCE
(2) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 54.00 FEET, THROUGH AN
ANGLE OF 68E25'37" A DISTANCE OF 64.49 FEET; THENCE (3) NORTH 06E44'37" WEST, 36.30
FEET; THENCE (4) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1970.00 FEET,
THROUGH AN ANGLE OF 06E52'02", A DISTANCE OF 236.12 FEET; THENCE (5) NORTH 13E36'39"
WEST, 680.35 FEET; THENCE (6) ALONG A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF
1970.00 FEET, THROUGH AN ANGLE OF 04E32'45", A DISTANCE OF 156.30 FEET; THENCE (7)
NORTH 18E09'24" WEST, 119.67 FEET TO THE NORTHERLY LINE OF SAID QUARTER SECTION 163,
DISTANT ALONG SAID NORTHERLY LINE NORTH 72E06'52" EAST, 384.57 FEET FROM THE
NORTHWESTERLY CORNER OF SAID QUARTER SECTION 163.
PARCEL 12:
THE NORTHWESTERLY 20.00 FEET OF QUARTER SECTION 171 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 11, 1869. EXCEPTING THEREFROM THE EASTERLY 348.19 FEET. ALSO
EXCEPTING THEREFROM THAT PORTION LYING BELOW THE MEAN HIGH TIDE LINE OF THE
PACIFIC OCEAN.
A/73326804.1
8
14-31
PARCEL 13:
THAT PORTION OF THE SOUTHERLY 220.00 FEET OF QUARTER SECTION 172 OF RANCHO DE LA
NACION, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID QUARTER SECTION (SAID
SOUTHERLY LINE ALSO BEING THE CENTER LINE OF "G" STREET), DISTANT THEREON 682.00
FEET WESTERLY OF THE SOUTHEASTERLY CORNER THEREOF; THENCE SOUTH 72E08'08" WEST
(ACCORDING TO MISCELLANEOUS MAP NO. 217) ALONG SAID SOUTHERLY LINE, A DISTANCE OF
584.22 FEET TO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY
LINE OF TIDELANDS AVENUE AS DESCRIBED IN THE CITY OF CHULA VISTA RESOLUTION NO.
4205, RECORDED OCTOBER 10, 1966 AS FILE/PAGE NO. 163052 OF OFFICIAL RECORDS OF SAID
COUNTY; THENCE NORTH 14E26'36" WEST, ALONG SAID NORTHERLY PROLONGATION, (NORTH
14E22'44" WEST ACCORDING TO SAID RESOLUTION NO. 4205) A DISTANCE OF 220.39 FEET TO A
POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 220.00 FEET OF SAID QUARTER SECTION
172; THENCE NORTH 72E08'08" EAST, ALONG SAID NORTHERLY LINE (BEING THE
SOUTHEASTERLY LINE OF PARCEL 3 AS DESCRIBED IN DEED TO CALIFORNIA GROWTH
CAPITAL, INC., RECORDED JUNE 2, 1966 AS FILE/PAGE NO. 91347 OF OFFICIAL RECORDS) A
DISTANCE OF 571.07 FEET TO THE WESTERLY LINE OF THE EASTERLY 682.00 FEET OF SAID
QUARTER SECTION; THENCE SOUTH 17E51'52" EAST, ALONG SAID WESTERLY LINE, (BEING THE
WESTERLY LINE OF PARCEL 4 OF SAID DEED TO CALIFORNIA GROWTH CAPITAL, INC.) A
DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT
PORTION THEREOF LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN.
PARCEL 14:
THE SOUTHERLY 332.00 FEET OF THE WESTERLY 602.00 FEET OF THE EASTERLY 682.00 FEET
OF QUARTER SECTION 172 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869.
PARCEL 15:
THE NORTHERLY 112.00 FEET OF THE SOUTHERLY 332.00 FEET OF QUARTER SECTION 172 OF
RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869. EXCEPTING THEREFROM THE EASTERLY
682.00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION NOW OR HERETOFORE LYING
BELOW THE ORDINARY HIGH TIDE LINE OF THE BAY OF SAN DIEGO AS ESTABLISHED BY
AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF CHULA VISTA, ET AL,
RECORDED JUNE 22, 1953 IN BOOK 4897, PAGE 408 OF OFFICIAL RECORDS.
Al73326804.1
9
14-32
PARCEL 16:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE QUARTER SECTION 162 OF RANCHO DE
LA NACION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO, 166 FILED IN THE 0FFICE OF THE COUNTY RECORDER OF
SAID COUNTY, LYING WESTERLY OF BAY BOULEVARD. EXCEPTING THEREFROM THE WESTERLY
20.00 FEET AND THE SOUTHERLY 40.00 FEET OF SAID QUARTER SECTION 162.
PARCEL 17:
THAT PORTION OF THE SOUTHEAST QUARTER OF QUARTER SECTION 172 OF RANCHO DE LA
NACION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF QUARTER
SECTION 172; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER SOUTH
72E03'09" WEST, 170.00 FEET; THENCE SOUTH 17E46'57" EAST, 40.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 17E46'57" EAST, 946.30 FEET; THENCE SOUTH
72E11'56" WEST, 530.00 FEET; THENCE NORTH 17E56'51" WEST 937.44 FEET; THENCE SOUTH
72E03'09" WEST, 649.55 FEET; THENCE NORTH 17E56'51" WEST, 7.50 FEET; THENCE NORTH
72E03'09" EAST, 1182.28 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 18:
THAT PORTION OF THE FILLED TIDELANDS AND SUBMERGED LANDS OF THE BAY OF SAN
DIEGO, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT STATION NO. 107 ON THE ORDINARY HIGH WATER MARK OF SAN DIEGO BAY,
AS SAID ORDINARY HIGH WATER MARK WAS FIXED AND ESTABLISHED BY THAT AGREEMENT
RECORDED JUNE 22, 1953 IN BOOK 4897, PAGE 408 OFFICIAL RECORDS SAN DIEGO COUNTY
AND AS SHOWN ON MISCELLANEOUS MAP NO. 217 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID ORDINARY HIGH WATER MARK
SOUTH 58027'22" EAST A DISTANCE OF 105.97 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
MARINA PARKWAY (FORMERLY TIDELANDS AVENUE AS DESCRIBED IN DEDICATION TO CITY OF
CHULA VISTA BY INSTRUMENT RECORDED OCTOBER 10, 1966, AS DOCUMENT NO. 163052,
OFFICIAL RECORDS, SAN DIEGO COUNTY), SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID ORDINARY HIGH WATER MARK THE FOLLOWING FOUR
COURSES AND DISTANCES: 1) SOUTH 58027'22" EAST 191.91 FEET TO STATION NO. 108, 2)
SOUTH 40032'27" EAST A DISTANCE OF 525.72 FEET TO STATION NO. 109, 3) SOUTH 38043'34"
EAST A DISTANCE OF 344.41 FEET TO STATION NO. 110, 4) SOUTH 30020'10" EAST A DISTANCE
OF 305.37 FEET TO A POINT ON A LINE NINE FEET PARALLEL TO AND NORTHERLY OF THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF "H" STREET, AS SAID STREET IS
SHOWN ON THE MAP OF BAY VILLA TRACT, ACCORDING TO MAP THEREOF NO. 1198, ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID
A/73326B04.1
10
14-33
PARALLEL LINE, SOUTH 72012'00" WEST 555.41 FEETTO SAID EASTERLY RIGHT-OF-WAY LINE OF
MARINA PARKWAY; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING
FOUR COURSES AND DISTANCES: 1) NORTH 17054'40" WEST A DISTANCE OF 671.06 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 4,740.00
FEET THE CENTER OF WHICH BEARS NORTH 72005'20'~ EAST, 2) NORTHWESTERLY ALONG THE
ARC OF SAID CURVE AND THROUGH A CENTRAL ANGLE OF 03031'56" A DISTANCE OF 292.21
FEET, 3) NORTH W22'44" WEST A DISTANCE OF 269.52 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET, THE CENTER OF WHICH
BEARS NORTH 75037'16" EAST, 4) NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF W08'21" AN ARC DISTANCE OF 24.83 FEET TO THE TRUE POINT OF
BEGINNING.
RESERVING TO THE STATE OF CALIFORNIA, IN ALL THE LANDS DESCRIBED HEREIN, ALL
MINERALS AND MINERAL DEPOSITS, INCLUDING, BUT NOT LIMITED TO, OIL AND GAS, OTHER
GASES, INCLUDING, BUT NOT LIMITED TO NONHYDROCARBON AND GEOTHERMAL GASES, OIL
SHALE, COAL, PHOSPHATE, ALUMINA, SILICA, FOSSILS OF ALL GEOLOGICAL AGES, SODIUM,
GOLD, SILVER, METALS AND THEIR COMPOUNDS, ALKALI, ALKALI EARTH, SAND, CLAY, GRAVEL,
SALTS AND MINERAL WATERS, URANIUM, TRONA, AND GEOTHERMAL RESOURCES, TOGETHER
WITH THE RIGHT OF THE STATE OR PERSONS AUTHORIZED BY THE STATE TO PROSPECT FOR,
DRILL FOR, EXTRACT, MINE AND REMOVE SUCH DEPOSITS OR RESOURCES, AND TO OCCUpy
AND USE SO MUCH OF THE SURFACE OF THE LANDS AS MAY BE NECESSARY THEREFORE.
SAID PARCEL CONTAINS 9.907 ACRES.
PARCEL 19:
THOSE PORTIONS OF THE FILLED TIDE AND SUBMERGED LANDS OF THE BAY OF SAN DIEGO,
TOGETHER WITH PORTIONS OF TIDELANDS AVENUE (NOW MARINA PARKWAY) AND "G" STREET
AS DESCRIBED IN DEDICATION TO CITY OF CHULA VISTA BY INSTRUMENT RECORDED OCTOBER
10,1966 AS DOCUMENT NO. 163052, OFFICIAL RECORDS, SAN DIEGO COUNTY, ALL IN THE CITY
OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT STATION NO. 107 ON THE ORDINARY HIGH WATER MARK OF SAN DIEGO BAY,
AS SAID ORDINARY HIGH WATER MARK WAS FIXED AND ESTABLISHED BY THAT AGREEMENT
RECORDED JUNE 22, 1953 IN BOOK 4897, PAGE 408 OF OFFICIAL RECORDS SAN DIEGO COUNTY
AND AS SHOWN ON MISCELLANEOUS MAP NO. 217 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID ORDINARY HIGH WATER MARK
SOUTH 58027'22" EAST A DISTANCE OF 20.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID ORDINARY HIGH WATER MARK SOUTH 58027'22" EAST 85.21 FEET TO
THE EASTERLY RIGHT-OF-WAY LINE OF SAID MARINA PARKWAY AND THE BEGINNING OF A
NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL
LINE BEARS NORTH 33014'23" WEST; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE
FOLLOWING FOUR COURSES AND DISTANCES: 1) SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 71008'21" A DISTANCE OF 24.83 FEET, 2) SOUTH
W22'44" EAST 269.52 FEET TO THE BEGINNING OF A TANGENT 4740.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, 3) SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
AJ73326804.1
11
14-34
CENTRAL ANGLE OF 03031 '56" A DISTANCE OF 292.21 FEET, AND 4) SOUTH 17054'40" EAST 535.06
FEET TO THE POINT OF CUSP OF A TANGENT 1125.55 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE LEAVING SAID EASTERLY RIGHT-OF WAY LINE, NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19051'55" A DISTANCE OF
390.24 FEET; THENCE NORTH 37046'35" WEST 748".69 FEET TO THE BEGINNING OF A
NON-TANGENT 313.69 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL
LINE BEARS NORTH 5r32'26" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF Q4D10'37" A DISTANCE OF 22.87 FEET; THENCE NORTH
17048'00" WEST 66.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID "G" STREET; THENCE
ALONG THE NORTHERLY LINE OF SAID "G" STREET AND MARINA PARKWAY, NORTH 72012'00"
EAST 194.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 86034'44" A DISTANCE OF 30.22 FEET; THENCE NORTH 75037'16" EAST 60.00
FEET; THENCE SOUTH W22'44" EAST 1.46 FEET; THENCE NORTH 75037'16" EAST 14.25 FEET TO
THE TRUE POINT OF BEGINNING.
RESERVING TO THE STATE OF CALIFORNIA, IN ALL THE LANDS DESCRIBED HEREIN, ALL
MINERALS AND MINERAL DEPOSITS, INCLUDING, BUT NOT LIMITED TO, OIL AND GAS, OTHER
GASES, INCLUDING, BUT NOT LIMITED TO NONHYDROCARBON AND GEOTHERMAL GASES, OIL
SHALE, COAL, PHOSPHATE, ALUMINA, SILICA, FOSSILS OF ALL GEOLOGICAL AGES, SODIUM,
GOLD, SILVER, METALS AND THEIR COMPOUNDS, ALKALI, ALKALI EARTH, SAND, CLAY, GRAVEL,
SALTS AND MINERAL WATERS, URANIUM, TRONA, AND GEOTHERMAL RESOURCES, TOGETHER
WITH THE RIGHT OF THE STATE OR PERSONS AUTHORIZED BY THE STATE TO PROSPECT FOR,
DRILL FOR, EXTRACT, MINE AND REMOVE SUCH DEPOSITS OR RESOURCES, AND TO OCCUPY
AND USE SO MUCH OF THE SURFACE OF THE LANDS AS MAY BE NECESSARY THEREFORE.
PARCEL 20:
THAT PART OF THAT PORTION OF THE SOUTHERLY 128.00 FEET OF THE NORTHERLY 588.00
FEET AS TENANTS IN COMMON OF THE WESTERLY ONE-HALF OF THE SOUTHWEST
ONE-QUARTER OF QUARTER SECTION 162, OF RANCHO DE LA NACION, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166
MADE BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED DECEMBER 12,
1968 AS FILE NO. 217540 OF OFFICIAL RECORDS; SAID PART HEREBY CONVEYED DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID STATE LAND; THENCE ALONG THE
FOLLOWING NUMBERED COURSES: (1) ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND
NORTH 72002'24" EAST, 339.34 FEET; (2) LEAVING SAID NORTHERLY LINE SOUTH 24045'46" EAST,
57.71 FEET TO A TANGENT CURVE, CONCAVE SOUTHWESTERLY; (3) ALONG SAID CURVE WITH A
RADIUS OF 1,970.00 FEET, THROUGH AN ANGLE OF 02004'01 ", A DISTANCE OF 71.07 FEET TO THE
NON-TANGENT SOUTHERLY LINE OF SAID PARCEL OF LAND; (4) ALONG SAID SOUTHERLY LINE
SOUTH 72002'24" WEST, 353.70 FEET TO THE WESTERLY LINE OF SAID PARCEL OF LAND AND
THE EASTERLY RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD
A/73326804.1
12
14-35
COMPANY; (5) ALONG SAID WESTERLY LINE THE RIGHT-OF-WAY LINE NORTH 17047'22" WEST,
128.01 FEET TO THE POINT OF BEGINNING.
PARCEL 21:
THE NORTHERLY 80.00 FEET OF THAT PORTION OF THE WESTERLY HALF OF THE
SOUTHWESTERLY QUARTER OF QUARTER SECTION 162 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF MADE BY MORRILL, NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 588.00
FEET OF SAID WESTERLY HALF OF SAID SOUTHWESTERLY QUARTER.
EXCEPTING THEREFROM ANY PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE
STATE HIGHWAY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED SEPTEMBER
19, 1949 IN BOOK 3321, PAGE 481 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE WESTERLY 20.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM ANY PORTION AS CONVEYED TO THE STATE OF CALIFORNIA
FOR FREEWAY PURPOSES BY DEED RECORDED ON APRIL 9, 1968 AS FILE NO. 58477 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
PARCEL 22:
THAT PORTION OF THE SOUTHERLY 80.00 FEET OF THE NORTHERLY 748.00 FEET AND THE
WESTERLY 40.00 FEET OF THE SOUTHERLY 80.00 FEET OF THE NORTHERLY 828.00 FEET OF
THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF QUARTER SECTION 162 OF
RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WESTERLY OF THE WESTERLY
LINE OF THE CALIFORNIA STATE HIGHWAY AS CONVEYED BY THE STATE OF CALIFORNIA BY
DEED RECORDED SEPTEMBER 19, 1949, IN BOOK 3321, PAGE 481 OF OFFICIAL RECORDS.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY, THE WESTERLY 20.00 FEET THEREOF.
ALSO EXCEPTING THAT PORTION AS CONVEYED TO THE STATE OF CALIFORNIA, ON DECEMBER
30,1969 AS FILE NO. 235054 OF OFFICIAL RECORDS.
PARCEL 23:
THAT PORTION OF THE SOUTHERLY 80.00 FEET OF THE NORTHERLY 828.00 FEET OF THE
WESTERLY HALF OF THE SOUTHWESTERLY QUARTER SECTION 162 OF RANCHO DE LA NACION,
IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 166, MADE BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, LYING WESTERLY OF THE WESTERLY LINE OF THE CALIFORNIA STATE
N73326804.1
13
14-36
HIGHWAY, AS CONDEMNED BY THE STATE OF CALIFORNIA INSTRUMENT RECORDED FEBRUARY
27,1970 AS FILE NO. 37116 OF OFFICIAL RECORDS.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THE WESTERLY 40.00 FEET THEREOF.
PARCEL 24:
THE NORTHERLY 75.00 FEET OF THAT PORTION OF THE WESTERLY HALF OF THE
SOUTHWESTERLY QUARTER OF QUARTER SECTION 162 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF MADE BY MORRILL, NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 11, 1869, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE
NORTHERLY 828.00 FEET OF THE SOUTHWESTERLY QUARTER OF SAID QUARTER SECTION 162
AND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID QUARTER SECTION 162, DISTANT
THEREON NORTH 72006'52" EAST, 384.57 FEET FROM THE SOUTHWEST CORNER OF QUARTER
SECTION 162; THENCE NORTH 18009'24" WEST, 575.39 FEET; THENCE ALONG A TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1970.00 FEET, THROUGH AN ANGLE OF 06036'22" AN ARC
DISTANCE OF 227.14 FEET; THENCE NORTH 24045'46" WEST, 457.72 FEET TO A POINT ON THAT
COURSE DESCRIBED AS "---NORTH 78050'37" WEST, 192.90 FEET---" IN DEED TO THE STATE OF
CALIFORNIA RECORDED FEBRUARY 28, 1949 IN BOOK 3123, PAGE 143 OF SAID OFFICIAL
RECORDS DISTANT THEREON SOUTH 78021'00" EAST, 46.20 FEET FROM THE NORTHWESTERLY
TERMINUS OF SAID COURSE.
EXCEPTING THEREFROM THE WESTERLY 20.00 FEET.
PARCEL 25:
THE EASTERLY 100.00 FEET OF THE WESTERLY 320.00 FEET OF THE NORTHERLY 460.00 FEET
OF THE SOUTHWEST QUARTER OF QUARTER SECTION 162 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON MARCH 13, 1888.
TOGETHER WITH ALL THAT PORTION OF SAID SOUTHWEST QUARTER DESCRIBED AS THAT
PORTION OF THE WESTERLY HALF OF THE SOUTHWEST QUARTER OF QUARTER SECTION 162
OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS CONVEYED TO THE STATE OF
CALIFORNIA, BY DEEDS RECORDED JUNE 5,1968 AS FILE NO. 92738, AND JUNE 6,1969 AS FILE
NO. 100239, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, LYING WESTERLY OF THE
WESTERLY RIGHT-OF-WAY LINE OF THE WESTERLY FRONTAGE ROAD OF STATE FREEWAY
11-SD-5-8.2, SAID PORTION, HEREBY CONVEYED, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID STATE LAND; THENCE ALONG THE
WESTERLY LINE OF SAID STATE LAND, NORTH 17047'22" WEST, 321.77 FEET TO THE POINT OF
A/73326804.1
14
14-37
INTERSECTION OF SAID LINE WITH SAID WESTERLY FRONTAGE ROAD RIGHT-OF-WAY LINE;
THENCE ALONG SAID FRONTAGE ROAD RIGHT-OF-WAY LINE SOUTH 24^45'46" EAST, 324.05 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID STATE LAND; THENCE ALONG SAID SOUTHERLY
LINE SOUTH 72002'24" WEST 39.34 FEET TO THE POINT OF BEGINNING.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE CALIFORNIA
COORDINATE SYSTEM, ZONE 6.
EXCEPTING FROM THE FIRST HEREINABOVE DESCRIBED PROPERTY THOSE PORTIONS
CONVEYED TO THE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHERLY 240.00 FEET OF THE EASTERLY 100.00 FEET OF THE
WESTERLY 320.00 FEET OF THE SOUTHWEST QUARTER OF QUARTER SECTION 162 OF RANCHO
DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED PARCEL
OF LAND:
BEGINNING AT AN "X" ON A RAILROAD SPIKE SET FOR THE NORTHEAST CORNER OF THE WEST
HALF OF SAID SOUTHWEST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WEST
HALF, SOUTH 18015'45" EAST 588.01 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 588.00
FEET OF SAID WEST HALF OF THE SOUTHWEST QUARTER; THENCE ALONG SAID SOUTHERLY
LINE, SOUTH 71032'05" WEST, 40.00 FEET TO A LINE PARALLEL WITH AND DISTANT 40.00 FEET
WESTERLY AT RIGHT ANGLES FROM SAID EASTERLY LINE OF THE WEST HALF; THENCE ALONG
SAID PARALLEL LINE, NORTH 18015'5" WEST, 128.00 FEET; THENCE LEAVING SAID PARALLEL,
SOUTH W32'05" WEST 51.66 FEET TO ENGINEER'S STATION 78+02.66 ON THE CENTERLINE OF
THE DEPARTMENT OF PUBLIC WORKS' SURVEY IN THE CITY OF CHULA VISTA, ROAD
XI-SD-2-CHV; THENCE SOUTH 71032'05" WEST 113.58 FEET; THENCE NORTH 21011'51" WEST,
325.02 FEET; THENCE NORTH 78050'37" WEST, 192.90 FEET; THENCE NORTH 18028'05" WEST,
40.00 FEET TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER; THENCE ALONG SAID
NORTHERLY LINE, NORTH 71031'55" EAST, 298.01 FEET TO ENGINEER'S STATION 82+62.56 ON
THE CENTERLINE OF SAID DEPARTMENT OF PUBLIC WORKS' SURVEY; THENCE CONTINUING
ALONG SAID NORTHERLY LINE, NORTH 71031 '55" EAST 92.05 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THE NORTHERLY 40.00 FEET THEREOF.
ALSO EXCEPTING THAT PART OF THE NORTHERLY 240.00 FEET OF THE EASTERLY 100.00 FEET
OF THE WESTERLY 320.00 FEET OF THE SOUTHWEST QUARTER OF QUARTER SECTION 162 OF
THE RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THAT COURSE DESCRIBED AS "---NORTH 78050'37" WEST, 192.90
FEET---" IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 28, 1949 IN BOOK 3123,
PAGE 143 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT THEREON SOUTH 78021'00" EAST
46.20 FEET FROM THE NORTHWESTERLY TERMINUS OF SAID COURSE; THENCE (1) ALONG SAID
COURSE SOUTH 78021'00" EAST, 10.59 FEET TO THE WESTERLY BOUNDARY OF THAT PARCEL
OF LAND DESCRIBED IN DEED TO HAROLD IVAN PHILLIPS, ET UX, RECORDED SEPTEMBER 29,
1961 AS FILE NO. 169459 OFFICIAL RECORDS OF SAID COUNTY; THENCE (2) ALONG THE
Al73326804.1
15
14-38
WESTERLY BOUNDARY OF SAID PHILLIP'S LAND SOUTH 1]047'22" EAST, 70.20 FEET; THENCE (3)
LEAVING SAID WESTERLY BOUNDARY NORTH 24045'46" WEST, 75.97 FEET TO THE POINT OF
BEGINNING.
THE BEARINGS AND DISTANCES USED IN THE ABOVE:DESCRIPTION ARE ON THE CALIFORNIA
COORDINATE SYSTEM, ZONE 6.
ALSO EXCEPTING FROM THE FIRST HEREINABOVE DESCRIBED PROPERTY THE NORTHERLY
40.00 FEET THEREOF.
PARCEL 26:
THE WESTERLY 220.00 FEET OF THE NORTH 460.00 FEET OF THE SOUTHWEST QUARTER OF
QUARTER SECTION 162 OF THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY
MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM THE WESTERLY 20.00 FEET AND THE NORTHERLY 40.00 FEET
THEREOF.
PARCEL 27:
THE WESTERLY 30.00 FEET OF THE EASTERLY 70.00 FEET OF THE SOUTHERLY 150.00 FEET OF
THE NORTHERLY 170.00 FEET OF QUARTER SECTION 171, IN THE RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY.
PARCEL 28:
THE EASTERLY 20.00 FEET OF THE NORTHERLY 170.00 FEET OF THE WESTERLY 150.00 FEET OF
THE EASTERLY 170.00 FEET OF QUARTER SECTION 171 OF RANCHO DE LA NACION, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AND ALSO THE WESTERLY 150.00 FEET OF THE EASTERLY 170.00 FEET OF QUARTER
SECTION 171 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, LYING SOUTHERLY OF THE NORTHERLY 170.00
FEET OF SAID QUARTER SECTION 171.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE WHICH IS NINE
FEET NORTHERLY OF AND PARALLEL TO THE WESTERLY PROLONGATION OF THE
NORTHERLY RIGHT-OF-WAY OF H STREET;
ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL MINERALS
UNDERLYING THE ABOVE DESCRIBED LAND AND LYING MORE THAN 500.00 FEET BELOW
THE SURFACE THEREOF, INCLUDING WITHOUT LIMITING THE GENERALITY THEREOF,
A/73326804.1
16
14-39
OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER
SOLID MINERALS, PROVIDED THAT (GRANTOR) SHALL NOT HAVE THE RIGHT TO GO
UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART THEREOF, OR THAT PORTION
OF THE SUBSURFACE THEREOF WITHIN 500.00 FEET OF THE SURFACE FOR THE
PURPOSE OF DRilLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS, (GRANTOR) MAY HOWEVER, REMOVE ANY OF SAID MINERALS FROM SAID
LAND BY MEANS OF WEllS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID
MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND INTO
THE SUBSURFACE OF SAID LAND BELOW 500.00 FEET BENEATH THE SURFACE
THEREOF, PROVIDED, THAT THE EXERCISE OF SUCH RIGHTS BY (GRANTOR) SHAll IN
NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF THE LAND HEREIN
DESCRIBED OR ANY IMPROVEMENTS THEREON AS RESERVED BY SANTA FE LAND
IMPROVEMENT COMPANY, IN DEED RECORDED JANUARY 2,1959 AS DOCUMENT NO.6,
IN BOOK 7425, PAGE 4 AND MAY 22, 1959 AS DOCUMENT NO. 103648, IN BOOK 7677, PAGE
45 OF OFFICIAL RECORDS.
PARCEL 29:
THE WESTERLY 150.00 FEET OF THE EASTERLY 170.00 FEET OF QUARTER SECTION 172 OF
RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 ON FilE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM THE SOUTHERLY 332.00 FEET OF SAID QUARTER SECTION 172.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID QUARTER SECTION 172 lYING
NORTHERLY OF THE CENTERLINE OF "F" STREET.
ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN All MINERALS
UNDERLYING THE ABOVE DESCRIBED LAND AND lYING MORE THAN 500.00 FEET BELOW
THE SURFACE THEREOF, INCLUDING WITHOUT LIMITING THE GENERALITY THEREOF,
Oil, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER
SOLID MINERALS, PROVIDED THAT (GRANTOR) SHAll NOT HAVE THE RIGHT TO GO
UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART THEREOF, OR THAT PORTION
OF THE SUBSURFACE THEREOF WITHIN 500.00 FEET OF THE SURFACE FOR THE
PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS, (GRANTOR) MAY HOWEVER, REMOVE ANY OF SAID MINERALS FROM SAID
LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID
MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND INTO
THE SUBSURFACE OF SAID lAND BELOW 500.00 FEET BENEATH THE SURFACE
THEREOF, PROVIDED, THAT THE EXERCISE OF SUCH RIGHTS BY (GRANTOR) SHAll IN
NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF THE LAND HEREIN
DESCRIBED OR OF ANY IMPROVEMENTS THEREON AS RESERVED BY SANTA FE LAND
IMPROVEMENT COMPANY, IN DEEDS RECORDED JANUARY 2,1959 AS DOCUMENT NO.6,
IN BOOK 7425, PAGE 4 AND MAY 22,1959 AS DOCUMENT NO. 103648, IN BOOK 7677, PAGE
45 OF OFFICIAL RECORDS.
N73326804.1
17
14-40
PARCEL 30:
THE WESTERLY 60.00 FEET OF THE EASTERLY 80.00 FEET OF THE SOUTHERLY 332.00 FEET OF
QUARTER SECTION 172 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL MINERALS
UNDERLYING THE ABOVE DESCRIBED LAND AND LYING MORE THAN 500.00 FEET BELOW
THE SURFACE THEREOF, INCLUDING WITHOUT LIMITING THE GENERALITY THEREOF, OIL
GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER
SOLID MINERALS, PROVIDED THAT (GRANTOR) SHALL NOT HAVE THE RIGHT TO GO
UPON OR USE THE SURFACE OF SAID LAND, OR ANY PART THEREOF, OR THAT PORTION
OF THE SUBSURFACE THEREOF WITHIN 500.00 FEET OF THE SURFACE FOR THE
PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID
MINERALS, (GRANTOR), MAY HOWEVER, REMOVE ANY OF SAID MINERALS FROM SAID
LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID
MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND INTO
THE SUBSURFACE OF SAID LAND BELOW 500.00 FEET BENEATH THE SURFACE
THEREOF, PROVIDED, THAT THE EXERCISE OF SUCH RIGHTS BY (GRANTOR) SHALL IN
NO WAY INTERFERE WITH: OR IMPAIR THE USE OF THE SURFACE OF THE LAND HEREIN
DESCRIBED OR ANY IMPROVEMENTS THEREON AS RESERVED BY SANTA FE LAND
IMPROVEMENT COMPANY, IN DEEDS RECORDED JANUARY 2, 1959, AS DOCUMENT NO.6,
IN BOOK 7425, PAGE 4 AND MAY 221959, AS DOCUMENT NO. 103648, IN BOOK 7677, PAGE
45 OF OFFICIAL RECORDS.
END DESCRIPTION
A/73326804.1
18
14-41
EXHIBIT B
LEGAL DESCRIPTION OF RESIDENTIAL PARCELS
,
Al73129727.7/2023813-OOOO307216
14-42
EXHIBIT C
PAYMENT SCHEDULE
PAYMENTS
,
Installment
Year
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Total
10.29.09
An3129727.7/2023813-ooo0307216
Payment
Amount
$ 300,000
$ 300,000
$ 300,000
$ 250,000
$ 250,000
$ 250,000
$ 250,000
$ 200,000
$ 200,000
$ 200,000
$ 200,000
$ 200,000
$ 350,000
$ 350,000
$ 350,000
$ 350,000
$ 350,000
$ 350,000
$5,000,000
14-43
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: q /Lf. / V
AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA AND OPPER AND V ARCO, LLP
TO PROVIDE LEGAL SUPPORT
REGARDING THE COOPERATIVE REMEDITION AGREEMENT,
THE POLANCO REDEVELOPMENT ACT,
NEGOTIATIONS WITH SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD, AND
NEGOTIATIONS CONCERNING STATUORY DEVELOPMENT
AGREEMENTS AND/OR OWNER PARTICIPATION AGREEMENTS
14-44
LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT ("Agreement") is entered into this
day of , 2010 (Effective Date),. by and between the Chula Vista
Redevelopment Agency, (hereinafter the "AGENCY") 'and Opper & Varco, LLP (hereinafter
"ATTORNEYS").
RECITALS
The following recital is a substantive part of this Agreement:
A. ATTORNEYS represent that they are uniquely qualified by virtue of experience,
training, education and expertise to accomplish the services necessary under this Agreement.
AGREEMENT
FOR VALUABLE CONSIDERATION THE PARTIES MUTUALLY AGREE AS
FOLLOWS:
1. Term of Agreement.
This Agreement shall cover services rendered from the above-referenced Effective Date
untilJune 30, 2011.
2. Services to be Provided.
The services to be performed by ATTORNEYS shall consist of any and all tasks
reasonably required to advise, assist and fully represent the City/AGENCY in all legal matters
presented to ATTORNEYS and on any matters in litigation, wherein ATTORNEYS are
consulted by, or appears on behalf of, the City/AGENCY regarding providing legal support in
the implementation of the Cooperative Remediation Agreement, the Polanco Redevelopment Act
("Polanco") and negotiations with the San Diego Regional Water Quality Control Board to
implement Polanco and negotiations concerning entering into statutory Development
Agreements and/or Owner Participation Agreements ("OPAs") as may be required and other
related work as determined by the AGENCY's General Counsel. ATTORNEY'S services shall
include, but are not limited to, any and all reasonably required legal representation on behalf of
the City/AGENCY.
3. Compensation - ATTORNEY shall be compensated as follows:
3.1 Amount. The AGENCY shall compensate ATTORNEY for services
rendered at the following hourly rates:
Richard Opper
Suzanne Varco
Linda Beresford
$325/hour
$325/hour
$275/hour
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined
14145
below, such hourly compensation shall be the sole and total remuneration for services rendered
pursuant to this Agreement.
The total amount of service and costs to be paid under this agreement shall not exceed
$100,000.00 without the express written authorization of the AGENCY. Attorney fees are not
,
contingent upon any aspect of the matter.
3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for
services on a monthly basis. Monthly invoices shall begin on the first of the month following the
execution of the Agreement herein. All charges must be itemized by ATTORNEYS, showing in
detail the work task performed during the billing entry. All charges must be presented in a line
item format and in a manner such that each task is separately explained in reasonable detail, and
with a specific time allocation recorded, for each task. The invoice shall include the amount,
billing rate and basis for calculation of all fees and costs.
The AGENCY will not accept, and will not be responsible for block or cumulative
invoice entries. ATTORNEYS shall not charge the AGENCY for more than one ATTORNEY'S
time when appearing at a meeting, in Court, or for performing any task unless the AGENCY has
expressly authorized the use of two or more ATTORNEYS for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
Bart Miesfeld
City Attorney/General Counsel
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5037
With a copy to:
Eric Crockett
Assistant Director Redevelopment and Housing
City of Chula Vista
276 Fourth Avenue
ChuJa Vista, CA 91910
3.3 Reimbursementsfor Expenses. ATTORNEYS shall keep accurate records
of all costs, travel and expenses. These records shall be made available to the AGENCY upon
reasonable request.
The AGENCY will reimburse actual, reasonable and necessary out of pocket
expenses incurred by ATTORNEYS in performing any services under this Agreement as
follows:
a. Photocopying charges at no more than $0.15 per page.
b. Facsimile charges at no more than $1.00 per page.
'1-46
c. Computerized legal research at the actual amount charged to
ATTORNEYS. However, all computerized legal research must be
authorized and approved in advance by the AGENCY.
d. Parking Fees at the actual amount c,harged to ATTORNEYS.
e. Travel/Mileage at the rate of 58.5~ per mile. Any travel fees incurred
outside of San Diego County must be authorized and approved in advance
by the AGENCY.
f. Statutory Fees, Witness Fees, Reporters Fees, Stenographic Transcription,
jury fees and the cost of serving process actually incurred by
ATTORNEYS.
g. ATTORNEYS may seek reimbursement for any actual, reasonable and
necessary expenses incurred on items not identified above with the prior
authorization and approval by the AGENCY.
The AGENCY will not reimburse ATTORNEYS for any additional charges incurred due
to "rush" deliveries or "late" charges, unless such expenses are approved in advance by the
AGENCY and the need for such services is determined by the AGENCY to be reasonably
beyond the control of ATTORNEYS.
To obtain reimbursement, ATTORNEYS shall submit a monthly summary of
expenses, along with all supporting receipts, within thirty (30) days of the expense being
incurred.
3.4 Expert Consultations and Witnesses.
Expert consultations and witnesses, and any investigators, may be retained on terms
acceptable to the AGENCY, authorized and approved in advance, for which the AGENCY shall
reimburse the ATTORNEYS or pay investigators, consultants or experts directly. In no event
shall ATTORNEYS retain any service of any expert, investigator or consultant without first
receiving express authorization and approval from the AGENCY.
4. Insurance.
4.1 Professional Errors and Omissions Insurance.
ATTORNEYS shall obtain and maintain in full force and effect at all times
Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in
an amount not less than two million dollars ($2,000,000.00) per occurrence and two million
dollars ($2,000,000.00) aggregate. The AGENCY reserves the right to require insurance for a
higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best
rating of "A+" or better. The insurance policy required under this paragraph shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits,
except after thirty (30) days prior written notice, by certified mail return receipt requested, given
to the AGENCY.
11-47
Said insurance policy shall provide coverage to the City/AGENCY for any damages or
losses suffered by the City/AGENCY as a result of any error or omission, or neglect by
ATTORNEYS which arise out of the services rendered under this Agreement. Such insurance
may not be subject to a self-insured retention or deductible in an amount in excess of Five
thousand ($5,000.00) dollars without prior written author\zation and approval by the AGENCY.
ATTORNEYS shall, within ten (10) days after entering into this Agreement, and before
commencing or performing any services under the Agreement, deposit with the City/ AGENCY a
certificate of insurance certifying that all insurance required herein is, and will be, in full force
and effect from the time the Agreement is entered into until completion or termination of this
Agreement. The Certificates of Insurance must be renewed at least fifteen (15) days prior to
expiration.
ATTORNEYS shall not commence any work under this Agreement until ATTORNEYS
have obtained all AGENCY approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed
to do business in California and shall name as additional insured the City/AGENCY, its elected
officials, officers, employees, agents and representatives. All policies shall contain language to
the effect that: (1) the insurer waives any right of subrogation against the City/AGENCY and the
City/AGENCY's elected officials, officers, employees, agents, and representatives; (2) insurance
shall be primary non-contributing and any other insurance carried by the City/AGENCY shall be
excess over such insurance; and, (3) such insurance shall not be cancelled or materially changed
except after thirty (30) days notice by the insurer to the City/AGENCY by certified mail.
ATTORNEYS shall furnish the City/AGENCY with copies of all applicable policies promptly
upon receipt.
Nothing in this section shall be construed to make ATTORNEYS other than a Consultant
for all purposes.
ATTORNEYS agree to notify the AGENCY in the event that the limits shall fall below
the coverage stated above or if the insurance policies noted here are allowed to lapse and
substitute insurance is, or is not, obtained.
4.2 Workers Compensation Insurance.
ATTORNEY shall obtain and maintain workers compensation Insurance In
accordance with section 3700 of the California Labor Code.
5. Indemnification.
ATTORNEYS agree to protect, hold harmless, defend, and indenmify the
City/AGENCY, its employees, elective or appointive boards, officers, agents, agenda and
affiliates, from any and all loss, claims liabilities, expenses, or damages of any nature
whatsoever, including attorneys' fees, arising out of or in any way connected with the
performance of, or services rendered by, ATTORNEYS, ATTORNEYS' agents, officers,
employees, sub-contractors or independent contractors of ATTORNEYS, except where the loss
or liability is due to the sole negligence or willful misconduct of the City/AGENCY.
14448
6. Agencv Agent.
Bart Miesfeld, General Counsel, or his designee, for the purposes of this Agreement, is
the Agent for the AGENCY. Whenever authorization or approval is required, ATTORNEYS
understand that the General Counsel has the authority to provide the authorization or approval.
,
7. Independent Contractor.
ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be,
deemed employees of the AGENCY. ATTORNEYS are solely responsible for the payment of
employment taxes, workers compensation taxes, and any other taxes for employees.
8. Conflict ofInterest.
ATTORNEYS represent that they presently have no material financial interest other than
that which may be held by the general public and shall not acquire any interest, direct or indirect,
in any contract or decision made on behalf of the AGENCY which may be affected by the
services to be performed by ATTORNEYS under this Agreement. ATTORNEYS further agree
that no person having any such interest shall be employed by them. If ATTORNEYS, or their
employees, acquire a direct or indirect personal interest, such interest shall be immediately
disclosed to the AGENCY and the interested individual shall abstain from any contracts or
decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on ATTORNEYS
by the Business and Professions Code and by California Rules of Professional Conduct,
ATTORNEYS represent that no ATTORNEY shall represent clients before any board,
commission, committee or agency of the City/AGENCY or represent any client with interests
adverse to the City/AGENCY. Furthermore, ATTORNEYS shall at all times avoid conflicts of
interest or the appearance of a conflict of interest in performance of this Agreement.
ATTORNEYS shall immediately notify the AGENCY General Counsel of any circumstances, or
change of circumstances, that may provide for the potential for a conflict of interest, or actual
conflict of interest.
9. Non-Liability of Officials/Emp!ovees of the City/AGENCY.
No official or employee of the City/AGENCY shall be personally liable for any default or
liability under this Agreement.
10. Compliance with Law.
ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations
of the Federal, State and local govemments. In addition, ATTORNEYS agree to abide by all
ethical and moral standards as represented by the Rules of Professional Conduct as applied to the
California State Bar.
II. Work Product.
All documents, or other information developed or received, by ATTORNEYS shall be
the property of the AGENCY. ATTORNEYS shall provide the AGENCY with copies of items
14-s49
upon reasonable demand and upon termination of this Agreement.
12. Notices.
All notices shall be personally delivered or mailed, via first class mail, to the below listed
address. In addition, such addresses shall be used' for delivery for service of process.
ATTORNEYS agree to notify the AGENCY within ten (10) days of the date of any change of
address and agrees to keep an updated address with the applicable Courts on any matters that
ATTORNEYS are representing the AGENCY.
a. Address of ATTORNEYS is as follows:
Opper & Varco, LLP
225 Broadway, Suite 1900
San Diego, CA 92101
Attn: Richard Opper
b. Address of AGENCY is as follows:
Bart Miesfeld, Esq.
City Attorney/General Counsel
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
13. Default/Termination of Agreement.
AGENCY and ATTORNEYS shall have the right to terminate this Agreement without
cause by giving fifteen (15) written notice. However, ATTORNEYS shall not substitute out as
Attorneys of record on any matters it may be representing the AGENCY without first obtaining
written consent from the AGENCY, or first obtaining an appropriate Court Order, allowing
ATTORNEYS to withdraw as counsel of record.
14. Limitations Upon Assignment/Subcontracting.
ATTORNEYS agrees that no portion of their performance or services rendered under this
Agreement shall be assigned by ATTORNEYS or subcontracted to any other without prior
written authorization and approval of the AGENCY General Counsel.
15. Non-Discrimination.
ATTORNEYS covenant there shall be no discrimination based upon race, color, creed,
religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant
to this Agreement.
16. Time of Essence.
Time is of the essence in the performance of this Agreement.
14650
17. Authority to Execute.
The persons executing this Agreement on behalf of the parties warrant that they are duly
authorized to execute this Agreement as herein stated.
18.
City/AGENCY Audit
,
The City/AGENCY is required to complete an annual audit. The Auditors may contact
and require some input from ATTORNEYS concerning matters ATTORNEYS are engaged for
the City/AGENCY. ATTORNEYS agree to cooperate, at not charge to the City/AGENCY, for
such cooperation or input as part of Attorney costs of service for the AGENCY.
19. Entire Agreement.
This Agreement represents the Parties' final and mutual understanding. This Agreement
supersedes any previous Agreements, oral or written.
20. Modification.
This Agreement shall not be modified or replaced except by another signed,
written Agreement, properly executed by the parties.
21. Waiver.
The waiver of any breach or any provision of this Agreement does not waive any other
breach of that term, or any other term, in this Agreement.
22. Partial Invalidity.
If any part of this Agreement is found for any reason to be unenforceable, all other parts
nonetheless shall remain in force.
23. Governing Law.
This Agreement shall be interpreted and construed in accordance with the laws of the
State of California. Any action commenced regarding this Agreement shall be filed in the
Central Branch of the San Diego Superior Court.
24. Interpretation.
This Agreement shall be interpreted as though prepared by both parties.
25. Survival.
All obligations arising prior to the termination of this Agreement and all provisions of
this Agreement allocating responsibility or liability between the City/AGENCY and
ATTORNEYS survive the termination of this Agreement.
14751
26. Financial Interests.
If ATTORNEYS are designated on Exhibit A, as a Fair Political Practices Commission
("FPPC") Filer, ATTORNEYS are deemed to be a "Consultant" for the purposes of the Political
Reform Act conflict of interest and disclosure provisions, and shall report economic interests to
,
the City Clerk on the required Statement of Economic Interests in such reporting categories as
are specified in Exhibit A, or if none are specified, then as determined by the City Attorney.
[Remainder of page intentionally left blank.]
1~-52
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
Effective Date.
Date:
CHULA VISTA REDEVELOPMENT
AGENCY
,
By:
Bart Miesfeld
General Counsel
Date:
ATTEST:
By:
City Clerk
Date:
4f/~o
OPPER & V ARCO, UP
~~
Richard Opper
Approved as to Form:
Bart Miesfeld
General Counsel
J:\Attorney\Michae!Sh\BayfTontlPo!anco\LegaIServices2-Opper\Agt\OPPER&V ARCO-LEGALSR VCSAGMT2-3.10-FINAL.doc
1~-53
EXHIBIT "A"
TO
LEGAL SERVICES AGREEMENT
STATEMENT OF ECONOMIC INTERESTS
Attorneys:
( X ) Not Applicable. Not a Fair Political Practices Commission ("FPPC") Filer.
( ) FPPC Filer.
If Attorneys in the performance of its services under this agreement: (1) conducts
research and arrives at conclusions with respect to its rendition of infonnation, advice,
recommendations or counsel independent of the control and direction of the City or of any City
official, other than normal contract monitoring; and (2) possesses no authority with respect to
any City decision beyond the rendition of information, advice, recommendations or counsel,
Attorneys should not be designated as an FPPC Filer.
If Attorneys are designated as FPPC filers, specify below which disclosure categories
apply:
( ) 1.
( ) 2.
( ) 3.
( ) 4.
All investments, sources of income and business positions;
Interests in real property;
Investments, business positions, interests in real property, and sources of
income subject to the regulatory, permit or licensing authority of the department;
Investments and business positions in business entities and sources of income
that engage in land development, construction or the acquisition or sale of real
property;
( ) 5. Investments and business positions in business entities and sources of income
that, within the past two years, have contracted with the City of Chula Vista or the
Redevelopment Agency to provide services, supplies, materials, machinery or
equipment;
( ) 6. Investments and business positions in business entities and sources of income
that, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment;
( ) 7. List Attorneys' interests in real property within 2 radial miles of Project
Property, if any:
1 ~054