HomeMy WebLinkAbout2007 CON PA County of San Diego - Option to Purchase AgreementOPTION TO PURCHASE AGREEMENT
(Open Space Easement on 15.08-acre parcel
Sweetwater Road, National City, CA)
THIS OPTION TO PURCHASE AGREEMENT ("Option Agreement") is
made as of April 3, 2007 ("Effective Date"), by and between the COUNTY
OF SAN DIEGO, a political subdivision of the State of California ("County"), and
buyer, PARKING AUTHORITY of the CITY of NATIONAL CITY, a public body
corporate and politic created pursuant to the Parking Law of 1949, ("Optionee").
RECITALS
A. Optionee owns a 15.08-acre parcel of land at the southwest corner of
Sweetwater Road and Bonita Center Road in National City, California identified as
County Assessor's Parcel Number 564-471-11 and more particularly described in Exhibit
A ("Property").
B. In 1978 Optionee conveyed to County an easement for open space and
park purposes ("Easement") over this 15.08-acre parcel. A copy of the deed conveying
the Easement is attached hereto as Exhibit B.
C. Optionee wishes to purchase the Easement from County and to convey to
County title to a strip of land along the south end of the parcel that contains a
trail/walkway.
D. Except for the trail/walkway along the south end of the parcel, the 15.08-
acre parcel has not been improved with park or recreational facilities and remains
undeveloped. County has determined that the Easement is not required for County use.
E. County is willing to grant to Optionee an exclusive option to purchase the
Easement from County pursuant to the terms and conditions set forth in this Option to
Purchase Agreement ("Option Agreement").
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. Option. County hereby grants to Optionee the right and option to
purchase the Easement from County subject to all of the terms and conditions set forth in
this Option Agreement.
2. Term. The term ("Term") of this Option shall be from the Effective Date
through December 31, 2007, or through December 31, 2008 if Optionee gives notice of a
legal challenge pursuant to paragraph 9D.
3. Option Consideration.
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A. Within 10 days of the Effective Date, Optionee shall pay to County
$100 as consideration for this Option.
B. The payment shall be made payable to the County of San Diego
and sent or delivered to:
Director, Department of General Services
c/o Real Estate Services Division
5555 Overland Avenue, Suite 210
Building 2, Room 110
San Diego, CA 92123-1294
4. Conditions Precedent.
Optionee may exercise this Option to purchase the Easement only after all of the
following conditions have been met:
A. Optionee has completed and certified an environmental impact
report ("EIR") for a commercial development project on the
15.08-acre parcel that is subject to the Easement. Optionee has
prepared the EIR as the lead agency under the California
Environmental Quality Act, Public Resources Code Section 21000,
et seq. County, a responsible agency under CEQA, has fulfilled its
duties as a responsible agency as set forth in CEQA Guidelines
section 15096 by, among other things, approving the sale of the
Easement after County considers the EIR for the commercial
development project;
B. Optionee has provided County with a copy of the final EIR, the
action certifying the EIR for the commercial development project
(CEQA Guidelines section 15090), the findings of significant
effects for the project (CEQA Guidelines section 15091), and the
Statement of Overriding Considerations, if any (CEQA Guidelines
section 15093);
C. Optionee has provided County with a letter confirming that the
City of National City changed the General Plan land use
designation on the Property to a commercial designation, that the
sale of the Easement is consistent with the City's open -space plan
and that the transfer of title to the Walkway Area is consistent with
National City's General Plan; and
D. Optionee has sent via certified mail a copy of the Notice of
Determination (consistent with CEQA Guidelines section 15094)
to the Director of General Services at the address listed in
paragraph 3B, and, at its next reasonably available meeting, as
determined by County, the Board of Supervisors has confirmed
that Optionee completed and certified an EIR for a commercial
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development project on the Property, which confirmation will not
be unreasonably withheld.
5. Purchase Price. During the Term of this Option Agreement, Optionee
herein shall have the exclusive right and option to purchase the Easement from County
for the price listed below, subject to the conditions precedent listed in paragraph 4.
The purchase price is $3 million. Optionee may, at its sole discretion, either pay
the $3 million in full upon conveyance of the Easement to Optionee or pay pursuant to
the terms set forth below:
A. $2 million to be paid upon conveyance of the Easement to
Optionee;
B. $1 million to be paid within four years after County conveys the
Easement to Optionee, $500,000 of which shall be paid within the
first two years. The remaining $500,000 plus all interest due shall
be paid within the second two years; and
C. The outstanding balance of the $1 million specified in
subparagraph B above shall accrue simple interest at the rate of 5%
per year starting on the date County conveys the Easement to
Optionee.
All payments shall be made as specified in paragraph 3B.
6. Enhancements and/or Improvements to Sweetwater Regional Park.
County agrees to use the $3 million paid for the Easement for enhancements,
expansion, and/or improvements to the Sweetwater Regional Park, including
bicycle/recreational trails adjacent to the Park and within one mile of the Park that serve
the Park (collectively, "Sweetwater Improvements"), to provide recreational
opportunities consistent with open space and park uses. County agrees that use of the
monies for the Sweetwater Improvements is consistent with the County's intent in
accepting the Easement in 1978 for open space and park purposes. County agrees that
the Sweetwater Improvements would serve the purpose of lessening any incompatibility
between the Plaza Bonita Shopping Center and the Sweetwater Regional Park, and that
the Sweetwater Improvements to provide passive and/or active recreational uses would
serve the region in a manner similar to that originally intended by the conveyance of the
Easement on the 15.08-acre parcel.
7. Buffer for Walkway.
A. A trail/walkway is located on the south side of the Property.
Optionee shall install or cause to be installed a vegetated buffer
along the north side of the trail/walkway to screen it from the
parking lot for the proposed commercial development on the
Property. The buffer shall be fully installed/planted before the
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proposed commercial development is open to the public. The
vegetated buffer shall meet the following specifications:
1. The vegetated buffer shall be at least five feet wide and
shall consist of a combination of distance and low-level screening
to separate the walkway from the adjacent parking lot and
commercial development.
2. Vegetation shall be of sufficient height and density to
provide a visual barrier between the trail and the adjacent parking
lot and commercial development.
3. Vegetation in the buffer shall consist of a combination of
drought tolerant vegetation and native plant material.
4. Optionee shall provide a copy of the proposed planting
plan to the County's Department of Parks and Recreation for its
review and written approval before Optionee plants vegetation in
the buffer.
5. The vegetated buffer shall include an irrigation system
with water provided by Optionee.
B. The parties will execute the Right of Entry Agreement attached
hereto as Exhibit C to allow the Parking Authority or its agents,
assigns, contractors or successors in interest to enter the Walkway
Area to install the vegetated buffer as required by this paragraph 7,
to install, monitor and maintain the retaining wall, and to monitor
and remove graffiti from the retaining wall.
C. If Optionee exercises this Option and Escrow closes as specified
subparagraph 9C (6), this paragraph 7 shall survive the termination
of this Agreement.
D. A retaining wall may be constructed adjacent to the vegetated
buffer as part of the proposed commercial development. Any such
retaining wall will be located on the property proposed for
commercial development. The retaining wall and vegetated buffer
will be constructed so that plants in the buffer, such as vines, will
grow on the wall. If a retaining wall is constructed, the owner of
the property on which the wall is located will be responsible for
maintaining the wall and removing any graffiti. Optionee shall
ensure that the permit for the proposed commercial development
includes a condition that requires the developer to identify a
graffiti removal contractor who will be responsible for removing
any and all graffiti from the retaining wall within 24-hours of its
observance and/or notification by the City of National City Code
Enforcement Officer. In addition, it is unlawful for property in the
City of National City to remain defaced with graffiti. Specifically,
Municipal Code section 10.54.050 states, in relevant part, that "it is
unlawful for any responsible party to permit property which is
defaced with graffiti to remain so defaced for a period of seventy-
two hours after notice of same by the city ..."
8. Transfer Title to Walkway Area to County. As part of the conveyance
described in paragraph 9 below, Optionee shall transfer to County title to the area along
the south end of the Property that contains the walkway and buffer ("Walkway Area").
The description of the Walkway Area is in Exhibit D attached hereto.
9. Exercise of Option. Prior to the expiration of the Term and subject to the
conditions precedent in paragraph 4, Optionee may exercise the Option by taking the
following actions:
A. Exercise of Option. Optionee shall provide written notice of
Optionee's exercise of this Option to the Director, Department of General
Services at the address specified herein. Within 10 business days after
receiving the written notice from Optionee, the Director of General
Services shall determine whether all conditions precedent to the exercise
of this Option, as set forth in paragraph 4 above, have been fulfilled.
Upon the Director's determination that all conditions precedent have been
fulfilled, he shall execute a deed conveying the Easement to the Optionee
on behalf of County, and shall deposit the deed with the Escrow Holder as
specified below.
B. Failure to Exercise Option. In the event Optionee does not
exercise the Option prior to the expiration or earlier termination of the
Term, or any extension thereof, or if Optionee cancels Escrow or Escrow
does not close, Optionee shall execute, acknowledge, and deliver to
County, within thirty (30) days after County makes demand therefor, a
good and sufficient quitclaim deed whereby all right, title, and interest of
Optionee in the Easement is quitclaimed to County. Should Optionee fail
or refuse to deliver said quitclaim deed to County, County may prepare
and record a notice reciting the failure of Optionee to execute,
acknowledge, and deliver such deed, and said notice shall be conclusive
evidence of the termination of this Option and all right of Optionee or
those claiming under Optionee in and to the Easement.
C. Conveyance.
1) Opening of Escrow. Within five (5) business days
after the Director makes the determination specified in
paragraph 9A above, County and Optionee shall open an
escrow ("Escrow") with First American Title Company,
Escrow Division, or such other escrow company as may be
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mutually approved in writing by County and Optionee
("Escrow Holder") for the conveyance of the Easement by
County to Optionee and the Walkway Area by Optionee to
County. Escrow shall be deemed opened on the date that a
fully executed copy of this Option Agreement is delivered
to Escrow Holder ("Opening of Escrow"). Escrow Holder
shall notify County and Optionee in writing of the date of
the Opening of Escrow promptly following the opening of
Escrow.
2) Close of Escrow; Closing Date. Escrow shall close
either on or before the date that is ninety (90) days after the
Opening of Escrow, or five (5) business days after
Optionee's notice to County and escrow company
requesting to close escrow , whichever is sooner, ("Close of
Escrow" or "Closing Date"),provided that: (i) Optionee has
not given written notice pursuant to paragraph 9D
rescinding the exercise of the Option and cancelling
Escrow; and (ii) the Closing Date shall occur before the
expiration of the Term. The terms "Close of Escrow"
and/or "Closing Date" shall mean the date the deeds
conveying title to the Easement and title to the Walkway
Area are recorded in the Office of the County Recorder of
the County of San Diego, California.
3) Tscrow Instructions. This Option Agreement,
together with a standard instruction of Escrow Holder,
mutually acceptable to County and Optionee, shall
constitute the joint escrow instructions of County and
Optionee to Escrow Holder, as well as an agreement
between County and Optionee. In the event of any conflict
between the provisions of this Option Agreement and
Escrow Holder's standard instructions, this Option
Agreement shall prevail.
4) Escrow Fees, Title Charges, and Closing Costs.
Optionee shall be responsible for any and all escrow fees,
recording fees, and any other costs and expenses of escrow.
As a condition to the closing of this transaction, Optionee
may obtain an ALTA extended owners policy of title
insurance in form and substance acceptable to Optionee
("Title Policy"). Optionee shall pay for the ALTA policy.
5) Deposits into Escrow. On or before 1:00 p.m. on
the last business day preceding the scheduled Closing Date,
Optionee shall deposit or cause to be deposited with
Escrow Holder the following: (i) funds as provided in
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paragraph 5 hereof; (ii) any and all escrow fees and closing
costs; (iii) a promissory note for $1 million with payment
and interest terms as specified in paragraph 5B and C above
in a form approved by County, if full payment is not made;
(iv) an executed and acknowledged deed conveying title to
the Walkway Area to County in a form approved by
County ("Walkway Deed"); and (v) any and all additional
instruments or other documents required from Optionee
(executed and acknowledged if appropriate) as may be
necessary in order to effect the transfer of the Easement to
Optionee and the Walkway Area to County. On or before
1:00 p.m. on the last business day preceding the scheduled
Closing Date, County shall deposit or cause to be deposited
with Escrow Holder the following: (i) an executed and
acknowledged deed conveying the Easement to Optionee
in a form approved by Optionee ("Quitclaim Deed"); and
(ii) any additional instruments or other documents required
from County (executed and acknowledged if appropriate),
as may be necessary in order to effect the transfer of the
Easement to Optionee and the Walkway Area to County.
6) Closing, Recording and Disbursement. On or before
the Closing Date, and when Escrow Holder has received all
of the documents and funds listed in subparagraph 5)
immediately above, and Escrow Holder is in a position to
cause the Title Policy referred to in subparagraph 4) above
to be issued to Optionee, Escrow Holder shall close the
Escrow by taking the following actions: (1) recording the
Quitclaim Deed and Walkway Deed in the Office of the
Official Records of the County of San Diego, California,
and delivering the recorded Quitclaim Deed to Optionee
and the Walkway Deed to County; (ii) causing the Title
Policy to be issued to Optionee; (iii) delivering the
Purchase Price as provided in paragraph 5 hereof to
County; and delivering the $1 million promissory note
described above to County, if the Purchase Price is to be
paid over time.
D. Legal Challenges. If a legal challenge to this Option Agreement,
to the EIR for the commercial development of the 15.08-acre
parcel or to any other approval related to the commercial
development of the 15.08-acre parcel is filed, Optionee may: (i)
give written notice to County of the legal challenge, whereupon the
Term shall be deemed to be extended to December 31, 2008; and
(ii) by written notice to County rescind the exercise of the Option
and cancel Escrow. If Optionee rescinds the Option and cancels
Escrow, Optionee shall be entitled to a refund of all funds
Optionee deposited in Escrow without penalty. Any time
thereafter, but before the expiration of the Term, Optionee may re -
exercise the Option by again providing the notice specified in
paragraph 9A above. If Optionee re -exercises the Option, the
parties shall comply with paragraphs 9A, 9B and 9C above.
10. Mitigation. County shall not be responsible for mitigating any impact
related to the commercial development of the Property that is identified in the EIR for the
commercial development, including any impact for the loss of open space, if any, or any
impact to biological resources, if any.
11. Defense and Indemnity. Optionee shall defend and indemnify County
and its agents, officers and employees (collectively, "County Parties") from any claim,
action, liability or proceeding against County Parties to attack, set aside, void or annul
this Option Agreement or any proceedings, acts or determinations taken, done or made
pursuant to this Option Agreement. Optionee's obligation to defend and indemnify
County Parties shall apply to any claim, lawsuit, action .or challenge against County
Parties alleging failure to comply with the California Environmental Quality Act or
failure to comply with any other federal, state or local laws. Optionee's obligation to
defend and indemnify County Parties shall include, but not be limited to, payment of all
court costs and attorneys' fees, judgments and awards against County Parties, and/or
settlement costs, which arise out of or are related to County's approval of this Option
Agreement and/or any proceedings, acts or determinations related thereto. County shall
promptly notify Optionee of any such claim, lawsuit, action or challenge and shall
cooperate fully in the defense.
12. Property Disclosures by County and Optionee. County is selling this
Easement in an "as -is" condition, but hereby declares to Optionee that County has no
knowledge of the presence of hazardous materials, soil contamination, or underground
storage tanks on the Property. Optionee is transferring title to the Walkway Area in an
"as -is" condition, but hereby declares to County that Optionee has no knowledge of the
presence of hazardous materials, soil contamination, or underground storage tanks on the
Walkway Area.
13. General Provisions.
13.1 Administration. This Option Agreement shall be administered on
behalf of County by the Director, Department of General Services, and on behalf of
Optionee by the Executive Director of the Community Development Commission of the
City of National City.
13.2 Assignment. Optionee shall not voluntarily or involuntarily
assign, mortgage, encumber, or otherwise transfer all or any portion of Optionee's
interest in this Option without County's prior written consent. To be effective, the
assignee or transferee must assume Optionee's obligations hereunder.
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13.3 Binding Effect. Subject to any provisions concerning assignment
contained in this Option Agreement, this Option Agreement shall be binding upon and
inure to the benefit of the respective heirs, personal representatives, successors and
assigns of the parties hereto.
13.4 Brokers and Finders. Neither County nor Optionee has engaged
the services of a real estate broker, and neither shall be required to pay a brokerage
commission or finder's fee with regard to the execution of this Option Agreement.
Neither County nor Optionee has been represented in this transaction by a Broker or
finder (collectively, "Brokers") in connection with this Option Agreement, and neither
has acted in a way that would entitle any Brokers to any commission. Optionee and
County agree to defend, indemnify and hold each other harmless from all claims, losses,
damages, costs and expenses, including reasonable attorneys' fees, arising from or related
to any assertion by any Broker contrary to the foregoing clauses where the assertion is
based on the acts or alleged acts of the other party.
13.5 Entire Agreement. This Option Agreement, including Exhibits
A, B, C and D and, if Optionee pays over time, the related $1 million promissory note,
contain the entire agreement between the parties relating to the transactions contemplated
hereby and all prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged herein.
13.6 Governing Law. The Option Agreement shall be construed and
enforced in accordance with the laws of the State of California.
13.7 Notices. Unless otherwise specifically provided herein, any notice
or notices required or permitted to be given pursuant to this Option Agreement, may be
(i) personally served on the other party by the party giving notice, in which event it shall
be deemed delivered at the time of personal service; (ii) may be served by regular mail, in
which event it shall be deemed delivered three (3) business clays after delivery to the
United States postal carrier; or (iii) may be served by overnight courier, in which case it
shall be deemed delivered the next business day. Any such notices shall be delivered to
the addresses set forth below:
To County:
Director, Department of General Services
c/o Real Estate Services Division
County of San Diego
5555 Overland Avenue, Suite 210
Building 2, Room 110
San Diego, CA 92123-1294
To Optionee:
Executive Director
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950-3312
13.8 Time of Essence. Optionee and County hereby acknowledge and
agree that TIME IS STRICTLY OF THE ESSENCE with respect to each and every term,
condition, obligation and provision herein and the Option relating hereto, and the failure
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to TIMELY AND FULLY perform or satisfy any of the terms, conditions, obligations or
provisions of this Option Agreement shall constitute a non -curable default hereunder.
13.9 Further Assurances. County and Optionee agree to execute such
other documents and take such further actions as may be needed or required to effectuate
the terms, conditions, covenants, and provisions of this Option Agreement. As a
responsible agency, County will, in good faith: (a) review and comment on the EIR for
the commercial development project; and (b) work with Optionee to resolve any
differences the parties may have as to the adequacy of the EIR, its findings, conclusions,
mitigation measures and statement of overriding considerations, if any.
IN WITNESS WHEREOF, the parties hereto have executed this Option
Agreement effective as of the day and year first above written.
Approved as to form and legality
City Ao ey
By:
Senior Assistan Cit Attorney
Approved as to form and legality
County Counsel
By:
'Senior Deputy
RON MORRISON, Chairman
Parking Authority of the City of
National City
B
COUNTY OF SAN DIEGO
By:
30HN4- GH-1E ector
Department of General Services
APRIL F. HEINZE, P.E., Director
10
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•
•
• •
EXHIBIT A
DESCRIPTION OF REAL PROPERTY
Being a portion of Quarter Section 109, Rancho De La Nacion, Map
No. 166.in the City of National City, County of San Diego, State
of California, said portion being more particularly described as
follows:
Beginning at the most Northerly corner of Parcel 1 of Parcel Map .
No. 6149 on file in the Office of the Recorder of said County;
thence along the Northeasterly boundary of said Parcel Map South
66°00'06" East (South 65°55'21",East per Parcel Map 6149) 544.06
feet to the beginning of a tangent 20.00 foot radius curve concave
Westerly; thence leaving said Northeasterly boundary Southerly
along said curve through a central angle of 101°26'37" an arc
distance of 35.41 feet to a point of compound curvature with a
295.00 foot radius curve concave. Northwesterly; thence South-
westerly along said curve through a central angle of 53°21'00"
an arc distance of 274.68 feet; thence along a nontangent line
South 85°23'37" West 101.21 feet to the beginning of a nontangent
499.00 foot radius curve concave Southeasterly, a radial line to
said point bears North 01°12'29" West; thence Southwesterly along
said curve through a central angle of 26"44'40" an arc distance
of 232.92 feet to a point of compound curvature with a 849.00
foot radius curve concave. Southeasterly; thence Southwesterly
along said curve through a central angle of 24°00'00" an arc
distance of 355.63 feet to a point of compound curvature with
a 419.13 foot radius curve compound Easterly; thence Southerly
along said curve through a central angle of 78°50'07" an arc
distance of 576.70 feet; thence tangent to said curve South
40°47'16" East 339.82 feet; thence North 45°25'10" West 109.80
feet to the beginning of a tangent 1205.00 foot radius curve
concave Southwesterly; thence Northwesterly along said curve
through a central angle of 38°45'55" an arc distance of 815.28
feet to a point in the Westerly boundary of said Parcel Map No.
6149; thence along said Westerly and Northwesterly boundary of
said Parcel t4ap the following courses; North 16°48'32" West
(North 17°18'45" West record) 286.06 feet to a point in the
arc of a nontangent 637.00 foot radius curve concave Southeasterly,
a radial line to said point bears North 65°24'02" West; thence
Northeasterly along said curve through a central angle of 30°35'03"
an arc distance of 340.03 feet; thence tangent to said curve North
55°11'01" East (North 54°40'48" East record) 582.29 feet; thence
North 84°24'59" East (North 83°54'46" East record) 75.49 feet;
thence North 01°09'59" West (North 01'40'12" West record) 32.85
feet; thence North 56°38'16" East (North 56°08'03" East record)
246.33 feet to the Point of Beginning.
Containing 15.080 acres.
s.
RECORDING REQUESTED AY 1820
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EXHIBIT S'
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OCT 35 I
SAN DIGLO CCA;hif,
This ;parr for ttreonler s u to
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GRANT DEED'
T.HF: CR.ANTOR(n) DECLARE(g)
DOCUMENTARY TRANSFER TAX is a..-. ttI
C onno.uted on full value of property conveyed, or
«.;tested .n fun ,mluo lure vnlur of lien.. Of encumbrances remaining at time of sale.
0 Unlncorpervted Am, a city 1.r._ Natione.l._la,�y,,___ anti
FOR. A N.:U.UAf:LE CONSIDERATION. receipt. of ericch ft hereby acknowledged,
THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
he:•cby GRA1T(S) to The County of SanrDiegol
an easement for open space and park purposes over
the following described real property In tho City of
State of Califorcio:
National City ,CountyofSan Diego.
The property described on Exhibit rA" hereof, and as shown
as Parcel "A" on Exhibit "B" hereo'f, subject to the conditions
as set forth on Exhibit "C" hereof,.
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STATIC OF CALIFORNIA. —`1
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signed, a Notary Pubiie in anti for said County and Stall)
TCraotu. ily ;PaDses red .X%�r._�L1,y_� a �•
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to be the person 1__yhosr
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Signattint of Notary
FOR NOTARY SEAL OR STAMP
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MAL TAX STATEMENTS TO PARTY SWIM OM FDUD11IIMC LIME: IF AO PAAIY?30 SHOWN. NMI. AS DIRECTED MOW
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GRANT DEED
RECORDING REQUESTED AY
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Real Property Department
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San Diego, California
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THE 1:NIU•:FSICXF.h GRANTOR(rl ID1:CLAItei(sl
nOCI:atE\TA RI' TRANSFER TAX is i....
computed on furl value of proem ' L•aevcyOli, on
0 computed on full rotor teats value of liens or eneurebntt ees rentninitm at time of twit,
G tinincorpnnuted Ara / City of National City ___..........._,And
FOP, a V. L1'AIII.L CONSIDERATION, receipt of tvhiei is hereby acknowledged.
THE PARKING AUTHORITY OF THE CITY OF NATICINAL CITY
hereby GRANT (Si to The County of San Diego •
an easement for open space and park purposes over
i
the fo1Iwing dcscribed rea property in th City of National Ci ty
State t{f California:
I
The property described on Exhibit "A" hereof, and as shown
as Parcel "A" on Exhibit "B".hereof, :subject to the conditiors
as set forth on Exhibit "CII hereof.
. County of San Diego,
This is to certify that theknterest in real property conveyed by the
• 1821 foregoing deed or grant to the County of San Diego, a political
corporation, is hereby accepted on behalf [of the Board of Supervisors
of said Cuuoty of Zan Diego !pursuant to authority conferred by
• Resolution of said Board adopted on October 12', 1976 and the Grantee
i consents to recordation thereof by its du i4y authorized officer,
Date OCTOde`i17 ^ /571 By 2�i/j /% «?e• ��
pt.rvisin Real Pr r A eat
quisitfon and Re ocat on Divis•:on
Department of Real Property
i Flo
fNTEI!DF CALIFORNIA ) ss.''
Ilfr! �OF SA1( DIEGO )
I i
,� == of � ref � � 1978, before m+3,
the
A &is s..£_ day O undersigned; a Notary
ti11ic in anffor said County and State, personally appeared KIL 1i1jRGAN
m Aen to me to be CHA N and A. "IrTER n.N known to au :o be
the SECRETARY of the • Parking —Authority . of the City of National
city, California, a public body corporate and politic, the public body that executed
the within instrument and known to me to be the persa.ls who executed the same on behalf
of said public body and acknowledged tolme that said :ublic body executed the same,
pursuant to its bylaws or a resolution of its board of directors. I 1
IN }.UTNESS NHEREOF, I have hereunto set my hand and affixed my notarial seal, the day
two L MOW; and year in j
!this
I>
1 SEAL' NQTAw ►uattc rice no. 4---...�' mow!
•a1M 94C6 coum et; otar Public in a or said County mad Stitt
WI sleep sowtrf : y
Coa►aiva, Lopaa Asa 2t, lea 1
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822
'
PARCEL ."A" - OPEN SPACE
EASEMENT TO COUNTY OF SAN'DIEGO '
Being a portion of Quarter Section 109, Rancho De Le Nation, Map
No. 166 i.n the City of National City, County'of San Diego, State
of California, said portion being more partixularly described as
follows::•
Beginning at the most Northerly corner of PPa'rce. 1 of Parcel Map
No. 6149 on file in the Office o the Recorder of said County;
thence along the Northeasterly boundary of said Parcel Map South
f•6°00'06" East (South 65°55'21" East per :Paricel Map 6149) 54.4.06
feet to the beginning of a tangent 20.00 foot radius curve concave
Westerly; thence leaving said Northeasterlyjboundary Southerly
along said curve through a central angle ofk101'26'37" an one
distance of 35.41 feet to a point of compound curvature witti a
2.95.00 foot radius curve concave: Northwesterly; thence South-
westerlyialong said curve through a central angle of 53°21'00"
an arc distance of 274.68 feet; thence along a nontangent line
South 85123'37" West 101.21 feet.to the beginning of a nontangent
499.00 foot radius curve concave, Southeasterly, a radial line to
said point boars North 01°12'29",West; thence Southwesterlylalong
said curve through a central angle of 26"44'40".an arc distance
of 232.92 feet to a point of compound curvature with a 849.00
foot radius curve concave Southeasterly; thence Southwesterly •
along said curve through a central angle of 24°00'009 an arc
distance of 355.63 feet to a point of compound curvature with
a 419.13 foot radius curve compound Easterly; thence Southerly
along said curve through a central angle of'.78'50'07" an arc
distance&of 576.70 feet; thence'tangent to said curve South
40'47'16" East 339.82 feet; thence North 45°25'10" West 109;80
feet to the beginning of a tangent 1205.00 foot radius curve
corcove Southweaterly: thence Northwesterly.alcng said curve
through a central angle of 38'45'55" an arc distance of 815.28
feet to oIpoint in the Westerly boundary of. said Parcel MapiNo.
6149; thence along said Westerly and Northwesterly boundary of
sa_d Parcel Map the following courses; North 16'48'32" West
(North 17'18'45" !vest record) 236.06 feet to a point in the
are: of a nontangent 637.00footradius curve. concave Southeasterly,
a radial line to said point bears North 65°.24'02" West; thence
Northeasterly along said curve through a central angle of 3p°35'03"
an arc distance of 340.03 fect;ithence tangent to said curve North
55°11'O1" East (North 54.40'43"East record) 582.29 feet; thence
North 84°24'59" East (North 83°,54'46" Eastrecord) 75.49 feet;
thence North 01°09'59" West (North 01'40'1.2" West record) 12.85
feet; thence North 56'38'16" East (North 56°08'03" East record)
246.33 feet to the Point of Beginning.
Containing 15.080 acres_
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PLAT OF OPEN SPACE EASEMENT & DEDICATION
REGIONAL PARK . EEN
NATIONAL CITY & COUNTY OF SAN DIEGO
• .. .
EX/419:T a"
. . .
•
1824
PARCEL "A", EASEMENT FOR
OPEN SPACE AiID PARK PURPOSES
CONDITIONS OF EASEMENT
WHEREAS,'
i. T'e PARKING AUTHORITY OF THE CITY OF. NATIONAL CITY, CALIFORNIA warrants that it is the
owner ofjthe'FEE SIMPLE ESTATE in and to the land in the County of San Diego, State of
California, described in Exhibit "A" attached hereto ("The Subject Land"); which•estate is
or may be subject to real estate taxes, assessments, conditions, restrictions and easements
all as the same may be of record, and I.
•
2. It is the desire of the Grantor andIthe County of San Diego, a political subdivision
of the Stateiof California (hereinafter referred to as "COUNTY"), that the Subject Land
remain OPEN and/or PARK and RECREATIONAL (SPACE.
: I !
NOW, THEREFORE,
1. The GRA TOR grants to the County,
(A) A perpetual easement for OPEN SPACE and/or PARK and RECREATIONAL purposes
over, upon, across and under the Subject Land, and no building, structure
or other thing whatsoever shall be constructed, erected, placec or maintained
on the Subject Land except as;exists. Grantor however reserves the right
to grade Subject Land and to develop Subject Land for public park and
recreational purposes subject.to County approval of such development'prier
to the construction thereof by Grantor.
(B) The perpetual right, but not the obligation to enter upon the Subject
Land and remove any buildings; structures or other things whatsoever
constructed, erected, placed or maintained on the Subject Land contrary
to any term, covenant or condition of this easement and to do any work
necessary to eliminate the effects of any excavation or placement of sand,
soil, rock or gravel or any other materiel done or placed on the Subject
Land contrary to any term, covenant or conditions of this easement. .
2. GRANTOR covenants and agrees for himself and his successors and assigns as:follows:
(A) That he shall not erect, construct, place or maintain, or permit the
erection, construction, placement or maintenance of any building or
structure or other thing whatsoever on the Subject Land other than such
buildings, structures and other thing as may be permitted pursuant to
paragraph 1.(A) immediately hereinabove.
(8) That he shall not use the Sutiject Land for any purpose except as OPEN SPACE
end/or PARK and RECREATIONALIpurposes.
(C) That he shall not excavate o. grade or permit any excavating or grading
to be done, or place or allow to be placed any sand, soil, rock, gravel
or other material whatsoever)on the Subject Land without the written
permission of the County or its successors or assigns: provided, however,
that Grantor may excavate, grade or place sand, soil, rock. gravel or
'otter material on the Subject Land as may be permitted by the•Countw
'pursuant to paragraph 1.(A) hereinabove. '
• i
(0) That the terms, covenants and conditions set forth herein may be •
specifically enforced or enjoined by proceedings in the Superior Court
of the State of California.
•
This Easement•sha11 bind the Grantor and his successors and assigns.
,�N
Executed this:N. day of OGTQIJEit . 1978. •
PARKING AUTHOR
NAT;611tL CYT't' CALIFORNIA •
J
i EST:r;o
?...7. :11:4CW. Secretary
F THE CITY OF
EXEIBIT "Ca
•
•o
1rreaeIMMw ! - L
EXHIBIT C
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("Agreement") is effective this of
20_, by and between the COUNTY OF SAN DIEGO, ("County"), a political subdivision
of the State of California, and the PARKING AUTHORITY OF THE CITY OF
NATIONAL CITY, a public body corporate and politic created pursuant to the Parking
Law of 1949, ("Parking Authority") with reference to the following facts:
RECITALS
A. County owns a strip of land just west of Bonita Center Road in National City,
California that includes a trail/walkway.
B. Parking Authority is obligated to install, or cause to be installed, a vegetated buffer
along the north side of the trail/walkway adjacent to a retaining wall that will be
installed as part of the commercial development to be constructed just north of the
trail/walkway.
C. To allow Parking Authority or its agents, assigns, contractors or successors in
interest, to enter onto County property to install the and monitor the buffer and to
monitor and repair the retaining wall and to remove graffiti from it, County and
Parking Authority are entering into this Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Authority to Enter. Subject to the terms and conditions set forth below, the County
hereby grants Parking Authority a right of entry over that property defined as a
portion of Assessor's Parcel Number 564-471-111 as further described in Exhibit "1"
attached hereto ("Walkway Area"), solely for the following purposes:
a. To install, monitor and repair a vegetated buffer on the north side of the
trail/walkway as specified in paragraph 7 of the Option to Purchase
Agreement between the County and the Parking Authority of the City of
National City;
h. To monitor the retaining wall and, if necessary, repair it; and
c. To remove graffiti from the retaining wall.
2. Strict Construction. This Agreement shall be strictly construed, and no work other
than that specifically stated herein is authorized. This Agreement is not transferable.
3. Term. This Agreement shall commence , 20_, and shall
terminate on , 20_. The Assistant Director of the Department of
General Services may extend the Term of this Agreement at any time by giving
written notice to Parking Authority.
4. Notice Prior to Starting Work. Before starting to install the vegetated buffer, Parking
Authority shall notify the Assistant Director, Department of General Services or
designee in writing. Such notice shall be given at least three days in advance of the
date the work is to commence.
5. Permit on Site. This Agreement shall be kept at the work site and must be shown on
demand to any representative of the Department of General Services.
6. Permits From Other Agencies. Parking Authority shall secure all other permits and
approvals, if any, needed to install the vegetated buffer.
7. Access. Parking Authority shall not unreasonably obstruct the flow of pedestrians or
others using the Walkway Area or impede access to the Walkway Area.
8. Supervision of County. All work associated with this Agreement shall be done
subject to the supervision of, and to the satisfaction of, the County.
9. Compliance With Stormwater Laws. Parking Authority's entry on to the Walkway
Area is subject to federal, state and local laws regarding the discharge into the
stormwater conveyance system of pollutants. Compliance with these laws may
require Parking Authority to develop, install, implement and maintain pollution
prevention measures, source control measures and Best Management Practices
("BMPs"). BMPs can include operational practices; water or pollutant management
practices; physical site features; or devices to remove pollutants from stormwater, to
affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs
applicable to Parking Authority's work on the Walkway Area may include a
requirement that all materials, wastes or equipment with the potential to pollute urban
runoff be stored in a manner that either prevents contact with rainfall and stormwater,
or contains contaminated runoff for treatment and disposal. Parking Authority shall
use, operate, maintain, develop, redevelop and retrofit the property, as necessary, in
accordance with all applicable federal, state and local laws restricting the discharge
2
of non-stormwater at or from the property; and all such laws, regulations, or local
guidance requiring pollution prevention measures, source control measures, or the
installation or use of BMPs. Parking Authority shall develop, install, implement
and/or maintain at Parking Authority's sole cost and expense, any BMPs or similar
pollution control devices required by federal, state and/or local law and any
implementing regulations or guidance.
Parking Authority understands and acknowledges that the stormwater and non-
stormwater requirements applicable to Parking Authority's work on the Walkway
Area may be changed from time to time by federal, state and/or local authorities, and
that additional requirements may become applicable based on changes in Parking
Authority's activities or development or redevelopment by Parking Authority or
County. Parking Authority shall develop, install, implement, and maintain such
additional BMPs and/or other pollution control practices at the Walkway Area at
Parking Authority's sole cost and expense. To the extent there is a conflict between
any federal, state or local law, Parking Authority shall comply with the more
restrictive provision. If County receives any fine or fines from any regulatory
agency as a result of Parking Authority's failure to comply with applicable
stormwater laws as set forth in this Agreement, Parking Authority shall reimburse
County for the entire fine amount.
10. Care of Drainage. If the proposed work interferes with the established drainage,
ample provision shall be made by Parking Authority to provide for the drainage as
may be directed by the County.
11. Repair. Parking Authority shall ensure that access through and work in the Walkway
Area is done in a safe and prudent manner. Parking Authority shall promptly repair
and make good any damage Parking Authority causes to any portion of the Walkway
Area.
12. Insurance. Parking Authority is fully self -insured for damage resulting from liability
of Parking Authority or any of Parking Authority's agents or employees. If Parking
Authority ceases to be self -insured during the Term of this Agreement, Parking
Authority shall furnish to County proof of insurance in a form and amounts
satisfactory to County. The County's requirements shall be reasonable, but shall be
designed to insure protection from risks that exist when Parking Authority ceases to
be self -insured. If Parking Authority enters into a contract to have any of the work
that is listed in paragraph 1 above done by a third party, Parking Authority shall
require the third party to have in effect for the duration of the project: (a) Commercial
General Liability Insurance written on an "occurrence basis" in an amount of at least
$1 million per occurrence and $2 million aggregate with the County of San Diego
3
named as an "additional insured;" and (b) statutory amount of workers' compensation
insurance for the benefit of the third party's employees.
13. Defense and Indemnity.
a. The County shall defend and indemnify the Parking Authority, its agents,
officers and employees (collectively, referred to in this paragraph as "Parking
Authority"), from any claim, action or proceeding against Parking Authority,
arising solely out of the acts or omissions of County in relation to this
Agreement. At its sole discretion, Parking Authority may participate at its
own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve County of any obligation imposed by this
Agreement. Parking Authority shall notify County promptly of any claim,
action or proceeding and cooperate fully in the defense.
b. The Parking Authority shall defend and indemnify the County, its agents,
officers and employees (collectively referred to in this paragraph as "County")
from any claim, action or proceeding against County, arising solely out of the
acts or omissions of the Parking Authority in relation to this Agreement. At its
sole discretion, County may participate at its own expense in the defense of
any such claim, action or proceeding, but such participation shall not relieve
Parking Authority of any obligation imposed by this Agreement. County shall
notify Parking Authority promptly of any claim, action or proceeding and
cooperate fully in the defense.
c. The County shall defend itself, and the Parking Authority shall defend itself,
from any claim, action or proceeding arising out of the concurrent acts or
omissions of County and Parking Authority. In such cases, County and
Parking Authority agree to retain their own legal counsel, bear their own
defense costs, and waive their right to seek reimbursement of such costs,
except as provided in subparagraph e below.
d. Notwithstanding subparagraph c above, in cases where County and Parking
Authority agree in writing to a joint defense, County and Parking Authority
may appoint joint defense counsel to defend the claim, action or proceeding
arising out of the concurrent acts or omissions of County and Parking
Authority. Joint defense counsel shall be selected by mutual agreement of
County and Parking Authority. County and Parking Authority agree to share
the costs of such joint defense and any agreed settlement in equal amounts,
except as provided in subparagraph e below. County and Parking Authority
further agree that neither party may bind the other to a settlement agreement
4
without the written consent of both County and Parking Authority.
e. Where a trial verdict or arbitration award allocates or determines the
comparative fault of the parties, County and Parking Authority may seek
reimbursement and/or reallocation of defense costs, settlement payments,
judgments and awards, consistent with such comparative fault.
14. Hazardous Substances. Parking Authority shall be solely responsible for fully
complying with all present or future rules, regulations, restrictions, ordinances,
statutes, laws and orders of any governmental entity regarding contaminated soils,
hazardous materials or environmental clean-up, regardless of whether or not the
obligation to comply is on the land owner.
If any hazardous substance spills, leaks or is discharged from any equipment or
facility that Parking Authority brings to or installs, parks or drives on to the
Walkway Area, Parking Authority shall immediately make all repairs necessary to
prevent further spills, leaks or discharges and shall immediately clean up and
promptly dispose of the spilled hazardous substance and any soil contaminated by
the spill. if the Parking Authority fails to make the required repairs, to clean up the
spill or to properly dispose of any contaminated soil, County may after written notice
to Parking Authority take all steps County deems necessary to make the necessary
repairs, to clean up the spill and to dispose of any contaminated soil. The Parking
Authority shall reimburse the County for the cost of all repair and clean up work that
the County does. The Parking Authority shall reimburse the County for this expense
within 30 days of receiving a bill for this work from the County.
The Parking Authority shall be solely responsible for paying all fines, damages and
penalties imposed by any governmental agency regarding the Parking Authority's
production, storage, distribution, processing, handling, disposing, spilling, leaking or
discharging of any hazardous substance on the Walkway Area.
Parking Authority shall indemnify, defend, reimburse and hold harmless County, its
employees, officers and agents from any and all liability, claims, damages or injuries
to any person, including injury to the County or any of County's employees, officers,
agents, representatives, guests, licensees, invitees, patrons, or of any other person
whomsoever, and all expenses of investigating and defending against same, arising
from or alleged to have arisen from or in connection with hazardous or toxic
materials or waste Parking Authority brings to or spills or discharges on the
Walkway Area or migrating to or from the Walkway Area or arising in any manner
whatsoever out of the violation of any governmental regulation pertaining to
hazardous or toxic materials or waste which condition exists after the execution of
5
this Agreement.
15. No Implied Easement. Nothing in this Agreement shall be construed to grant
Parking Authority an easement by implication, prescription, or other operation of
law, or to extend the Term of the Agreement past its expiration date as stated herein.
16. Effective. This Agreement shall not be effective until it is signed by Parking
Authority in the space provided below and executed by the Assistant Director,
Department of General Services, of the County of San Diego.
Date: PARKING AUTHORITY OF THE
CITY OF NATIONAL PARKING
Date:
By:
Name
Title
COUNTY OF SAN DIEGO
By:
Ken Bitar, Assistant Director,
Department of General Services
6
EXHIBIT "D"
NATIONAL CITY PARCEL
LEGAL DESCRIPTION
PAGE 1 OF 3
THE LAND DESCRIBED HEREIN IS A PORTION OF LOT 14 OF THE NATIONAL
CITY TRACT OF THE PLAZA BONITA SHOPPING CENTER, ACCORDING TO
MAP THEREOF NO. 10337 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER FEBRUARY 24, 1982, LOCATED IN THE CITY OF NATIONAL CITY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF SAID LOT 14,
THENCE ALONG THE GENERAL WESTERLY BOUNDARY THEREOF NORTH
16°48'07" WEST 2.46 FEET TO TIIE BEGINNING OF A NON -TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1085.00 FEET, A LINE RADIAL
TO SAID POINT BEARS NORTH 00°13'26" EAST; THENCE LEAVING SAID
WESTERLY BOUNDARY, EASTERLY ALONG SAID CURVE 267.27 FEET
THROUGH A CENTRAL ANGLE OF 14°06'49"; THENCE SOUTH 75°39'45" EAST
27.25 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY,
RAVING A RADIUS OF 760.17 FEET; THENCE EASTERLY ALONG SAID CURVE
45.05 PET THROUGH A CENTRAL ANGLE OF 3°23'44" TO THE BEGINNING OF
A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF
675.00 FEET, A LINE RADIAL TO SAID POINT BEARS NORTH 11 °24'49" EAST;
THENCE EASTERLY ALONG SAID CURVE 141.91 FEET THROUGH A CENTRAL
ANGLE OF 12°02'46" TO A POINT OF NON -TANGENCY, A RADIAL LINE TO
SAID POINT BEARS NORTH 23°27'35" EAST; THENCE NORTH 69°50'11" EAST
56.68 FEET TO THE GENERAL NORTHEASTERLY BOUNDARY OF SAID LOT 14
AND THE GENERAL SOUTHWESTERLY RIGHT-OF-WAY OF PLAZA BONITA
ROAD, 98.00 FEET WIDE, SAID POINT BEING THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
419.13 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 63°30'11" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 104.50 FEET THROUGH A
CENTRAL ANGLE OF 14° 17'05"; THENCE SOUTH 40°46'54" EAST 339.82 FEET;
THENCE NORTH 45°24'52" WEST 109.80 FEET TO TIIE BEGINNING OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1205.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 814.87 FEET THROUGII A
CENTRAL ANGLE OF 38°44'45" TO A POINT OF NON -TANGENCY, A RADIAL
LINE TO SAID POINT BEARS NORTH 05°50'23" EAST, SAID POINT BEING THE
POINT OF BEGINNING.
CONTAINS 26,103 SQUARE FEET OR 0.5992 ACRES OF LAND, MORE OR LESS.
APRIL F. HEINZE, P.E.
Director
(858) 694-2527
FAX (858) 594-8929
May 24, 2007
Gaunt of 4ttii !iiu
DEPARTMENT OF GENERAL SERVICES
5555 OVERLAND AVE., STE. 2240, SAN DIEGO, CA 92123-1294
Mike Dalla, CMC
City Clerk
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, Ca. 91950-4229
FACILITIES OPERATIONS
(558) I1145110
FLEET MANAGEMENT
(151) 654-28T5
AWL SERVICES
(858) 1943011
PROJECT MANAGEMENT
(151) 59441110
REAL ESTATE SERVICES
(855)6942211
ti>
J
C)
—1 —4.
•/
N
OPTION AGREEMENT FOR THE SALE OF 15.08-ACRE OPEN SPACE EASEMENT
TO THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY,
Mike,
Attached is one original copy of the Option Agreement for the sale of the open space casement
that was executed by the Director of General Services on April 17, 2007. 1 am also attaching the
Statement of Proceedings for the Board of Supervisors meeting of March 21, 2007 where this
item proved.
Carl W.
Real Estate Project Manager
Real Estate Services
Attachments: Option Agreement
Statement of Proceedings (#9) 3/21/07
cc: Mark Mead, Senior Deputy County Counsel
Claudia Silva, City Attorney, City of National City
fLSS/UA': 7b pru .lde cr�s/ y�eaive, JJficicrtt, {tio;t yt(ttltl): and t(nlvly Support .' 'rrices
n� ('rxtntt d(zpnrnnenrs. _g,oup.s and agencies
BOARD OF SUPERVISORS
STATEMENT OF PROCEEDINGS
MARCH 21, 2007
9. SUBJECT: APPROVAL OF OPTION AGREEMENT TO SELL A 15.08-ACRE OPEN
SPACE EASEMENT ACROSS FROM PLAZA BONITA SHOPPING
CENTER TO THE PARKING AUTHORITY OF THE CITY OF
NATIONAL CITY (DISTRICT: 1)
OVERVIEW:
On October 17, 1978 (78), the Board of Supervisors accepted an easement for open space and/or
park and recreational purposes from the Parking Authority of the City of National City on 15.08
acres of land at the southwest corner of Sweetwater Road and Bonita Center Road in thc City of
National City (Thomas Guide Page 1310, C3). This easement was granted in accordance with a
Cooperation Agreement between the City of National City and the County for the development of
the Plaza Bonita Shopping Center and the funding of improvements to portions of Sweetwater
Regional Park. The Parking Authority of the City of National City wishes to purchase the open
space easement for $3 million so the property can be developed for commercial purposes. This
proposed action would approve an option agreement and authorize thc Director of General Services
to cxecute it. Revenue derived from this sale would be used for improvements to and, possibly, land
acquisitions for Sweetwater Regional Park.
FISCAL IMPACT:
The Parking Authority of the City of National City must complete and certify an Environmental
Impact Report (EIR) for the proposed commercial development of the property as a condition of the
Option Agreement. After the EIR is certified, the Board must consider the EIR for commercial
development and approve the sale before the option can be exercised. The Parking Authority of the
City of National City will pay the County, after exercise of the option and close of escrow, a total of
$3 million for the open space easement. An initial payment of $2 million will be paid at the close of
escrow of the option with the balance of S1 million to be paid over four years with $500,000 due the
first two years and thc outstanding balance accruing 5% interest. National City would also have the
option of paying the $3 million in one lump sum. All sale proceeds and accrued interest will be
used to make improvements to or land acquisitions for the Sweetwater Regional Park.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that the open space easement on County Parcel 2004-0083-A is not required for County
use.
2. Approve the Option to Purchase Agreement for the sale of this open space easement to the
Parking Authority of the City of National City for $3 million. (4 VOTES)
3. Authorize the Director of General Services to execute the Option to Purchase Agreement.
ACTION:
Noting for the record that there is a modification to paragraph 6 in the Option to Purchase
Agreement, ON MOTION of Supervisor Slater -Price, seconded by Supervisor Cox, the Board took
action as recommended, on Consent.
AYES: Cox, Jacob, Slater -Price, Roberts, Horn
RESOLUTION NO. 2007 — 5
RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE AN OPTION AGREEMENT
WITH THE COUNTY OF SAN DIEGO TO PURCHASE AN EASEMENT
FOR A 15.08-ACRE PARCEL FOR COMMERCIAL DEVELOPMENT
(COSTCO PROJECT) AT A PRICE OF $3,000,000
WHEREAS, the Parking Authority of the City of National City (Parking Authority)
owns a 15.08-acre parcel of land at the southwest corner of Sweetwater Road and Bonita
Center Road (Parcel No. 564-471-11); and
WHEREAS, in 1978, the Parking Authority conveyed an easement to the County
of San Diego ("County") for open space and park purposes ("Easement") over this 15-08-acre
parcel; and
WHEREAS; the Parking Authority desires to purchase the Easement from the
County, and to convey to the County the title to a strip of land along the south end of the parcel
that contains a trial/walkway; and
WHEREAS, except for the trial/walkway along the south end of the parcel, the
15.08-acre parcel has not been improved with park or recreational facilities, and remains
undeveloped. The County has determined that the Easement is not required for County use;
and
WHEREAS, the County is willing to grant to the Parking Authority an exclusive
option to purchase the Easement from the County for the price of $3,000,000, pursuant to the
terms and conditions set forth in the Option to Purchase Agreement; and
WHEREAS, pursuant to a separate agreement, the Parking Authority will be
reimbursed for said amount by Costco, the developer of the land on which the easement is
located.
NOW, THEREFORE, BE IT RESOLVED that the Parking Authority of the City of
National City hereby authorizes the Chairman to execute an Option Agreement with the County
of San Diego to purchase an easement for a 15.08-acre parcel for commercial development
(Costco Project) at a price of $3,000,000. Said Agreement is on file in the office of the City
Clerk.
ATTEST:
PASSED and ADOPTED this 20th day of March
Ron Morrison, Chairman
APPROVED AS TO FORM:
Brad Raulsto7.% tary George H. eser, III
Legal Counsel
Passed and adopted by the Parking Authority of the City of National City, California, on
March 20, 2007, by the following vote, to -wit:
Ayes: Boardmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Parking Authority
Sec
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-5 of the Parking Authority of the City of National City,
California, passed and adopted on March 20, 2007.
Secretary, Parking Authority
By:
Deputy
yob- 3 - 1
City of National City, California
PARKING AUTHORITY AGENDA STATEMENT
MEETING DATE March 20, 2007 AGENDA ITEM NO.
2
1ITEM TITLE RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE AN OPTION AGREEMENT WITH THE COUNTY OF SAN DIEGO
TO PURCHASE AN EASEMENT FOR A 15.08-ACRE PARCEL FOR COMMERCIAL DEVELOPMENT (COSTCO
PROJECT) AT A PRICE OF $3,000,000
PREPARED BY Claudia Gacitua Sil
(Ext. 4222)
EXPLANATION
DEPARTMENT City Attorney
This Option Agreement provides the Parking Authority the option to purchase from the County
of San Diego the current open -space easement attached to the 15.08-acre parcel that is part of the
proposed Costco project. This would remain open until December 31, 2007, or until December 31, 2008,
in the event of a challenge to the project. The exercise of the option requires certain conditions to first be
met, such as enviornmental review of the Costco Project. In additon, this Agreement provides that any
monies paid for this easement will be used in the Sweetwater Regional Park to provide for recreational
opportunities consistent with open space and park uses. Concurrent with this Agreement is an
amendment to the Disposition and Development Agreement between the Parking Authority and Costco.
Pursuant to a separate agreement, the Parking Authority will be reimbursed for $3,000,000
purchase price by Costco, the developer of the land on which the easement is located.
Environmental Review v N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt Resolution
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Option Agreement
Resolution
Resolution No.
A-200 (9/99)
City of National City
Y\ Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
March 28, 2007
Mr. Mark Mead
Sr. Deputy Counsel
Office of County Counsel
County Administration Center
1600 Pacific Highway, Room 355
San Diego, CA 92101
Dear Mr. Mead ,
On March 20, 2007, Resolution No. 2007-5 was passed and adopted by the
Parking Authority of National City, authorizing execution of an option agreement
with the County of San Diego.
We are forwarding a certified copy of the above Resolution and three partially
executed original agreements. Please return one fully executed original
agreement to us for our files.
Sincerely,
4 ,%
Michael R. Dal a, CMC
City Clerk
Enclosures
® Recycled Paper