Loading...
HomeMy WebLinkAbout2020 CON Dept. of Toxic Substances Control - Land Use Covenant and Agreement - Paradise Creek Educational ParkRECORDING REQUESTED BY: Mr. Brad Raulston City Manager City of National City 1243 National City Boulevard National City, California 91950 WHEN RECORDED, MAIL TO: Department of Toxic Substances Control 5796 Corporate Avenue Cypress, California 90630 Attention: Maryam Tasnif-Abbasi Site Mitigation and Restoration Program SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE LAND USE COVENANT AND AGREEMENT ENVIRONMENTAL RESTRICTIONS County of San Diego, Assessor Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16 and 559-125-15 National City Public Works Yard Park -side Department Site Code: 401294-11 This Land Use Covenant and Agreement ("Covenant") is made by and between the City of National City ("Covenantor"), and the Department of Toxic Substances Control (the "Department") for the property comprising of the following Assessor's Parcel Numbers (Exhibit A, "Parcel Maps"): 1. 559-104-10; 2. 560-206-07; 3. 560-391-05; 4. 559-124-06; 5. 559-125-16; and, 6. 559-125-15. A physical street address has not yet been assigned to the subject property. However, the property was formerly a portion of 2100 Hoover Avenue, National City, in the County of San Diego, State of California (the "Property"). Pursuant to Civil Page 1 Code section 1471, the Department has determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials as defined in Health and Safety Code section 25260. The Covenantor and the Department hereby agree that, pursuant to Civil Code section 1471 and Health and Safety Code section 25202.5, the use of the Property be restricted as set forth in this Covenant and that the Covenant shall conform with the requirements of California Code of Regulations, title 22, section 67391.1. ARTICLE I STATEMENT OF FACTS 1.1. Property Location. The Property that is subject to this Covenant, totaling approximately 3.5 acres, is more particularly described in the attached Exhibit B, "Legal Description", and depicted in Exhibit C, "Plot Plan". The Property is located in the area now generally bounded by West 19th Street to the north, West 22nd Street to the south, Paradise Creek to the east, and Harding Avenue to the west. The Property is also identified as County of San Diego Assessor Parcel Numbers 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16 and 559-125-15. The Property is zoned for recreational use and is currently developed as a community park. 1.2. Remediation of Property. Investigation and remediation were conducted under the Department's oversight under the authority of Standard Reimbursement Agreement Number 18-T4572 executed on February 21, 2019. The remediation of the Property was completed in December 2019 and included the excavation and disposal of lead containing subsurface soil at a permitted facility. Clean imported fill soil was placed throughout the Property and was used as a cover to protect future visitors from being exposed to remaining contamination in the soil. Lead, the hazardous substance that remains at the Property, exists about two feet below the clean imported soil cover. The concentrations of lead left in the underlying soil ranges from 21.9 milligram per kilogram (mg/kg) to 1090 mg/kg. 1.3. Basis for Environmental Restrictions. As a result of the presence of hazardous wastes, which are also hazardous materials as defined in Health and Safety Code Section 25260, at the Property, the Department has concluded that it is reasonably necessary to restrict the use of the Property in order to protect present or future human health or safety or the environment, and that this Covenant is required as part of the Department -approved remedy for the Property. The Department has also Page 2 concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant, does not present an unacceptable risk to present and future human health or safety or the environment. ARTICLE II DEFINITIONS 2.1. Department. "Department" means the California Department of Toxic Substances Control and includes its successor agencies, if any. 2.2. Environmental Restrictions. "Environmental Restrictions" means all protective provisions, covenants, restrictions, requirements, prohibitions, and terms and conditions as set forth in this Covenant. 2.3. Improvements. "Improvements" includes, but is not limited to buildings, structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities. 2.4. Lease. "Lease" means lease, rental agreement, or any other document that creates a right to use or occupy any portion of the Property. 2.5. Occupant. "Occupant" or "Occupants" means Owner and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property. 2.6. Owner. "Owner" or "Owners" means the Covenantor, and any successor in interest including any heir and assignee, who at any time holds title to all or any portion of the Property. ARTICLE III GENERAL PROVISIONS 3.1. Runs with the Land. This Covenant sets forth Environmental Restrictions that apply to and encumber the Property and every portion thereof no matter how it is improved, held, used. occupied, leased, sold, hypothecated, encumbered, or conveyed. This Covenant: (a) runs with the land pursuant to Civil Code section 1471 and Health and Safety Code section 25202.5; (b) inures to the benefit of and passes with each and every portion of the Property; (c) is for the benefit of, and is enforceable by the Department; and (d) is imposed upon the entire Property unless expressly stated as applicable only to a specific portion thereof. 3.2. Binding upon Owners/Occupants. This Covenant: (a) binds all Owners of Page 3 the Property, their heirs, successors, and assignees; and (b) the agents, employees, and lessees of the Owners and the Owners' heirs, successors, and assignees. Pursuant to Civil Code section 1471, all successive Owners of the Property are expressly bound hereby for the benefit of the Department; this Covenant, however, is binding on all Owners and Occupants, and their respective successors and assignees, only during their respective periods of ownership or occupancy except that such Owners or Occupants shall continue to be liable for any violations of, or non-compliance with, the Environmental Restrictions of this Covenant or any acts or omissions during their ownership or occupancy. 3.3. Incorporation into Deeds and Leases. This Covenant shall be incorporated by reference in each and every deed and Lease for any portion of the Property. 3.4. Conveyance of Property. The Owner and new Owner shall provide Notice to the Department not later than 30 calendar days after any conveyance or receipt of any ownership interest in the Property (excluding Leases, and mortgages, liens, and other non -possessory encumbrances). The Notice shall include the name and mailing address of the new Owner of the Property and shall reference the site name and site code as listed on page one of this Covenant. The notice shall also include the Assessor's Parcel Number(s) noted on page one. If the new Owner's property has been assigned a different Assessor Parcel Number, each such Assessor Parcel Number that covers the Property must be provided. The Department shall not, by reason of this Covenant, have authority to approve, disapprove, or otherwise affect proposed conveyance, except as otherwise provided by law or by administrative order. 3.5. Costs of Administering the Covenant to Be Paid by Owner. The Department has already incurred and will in the future incur costs associated with this Covenant. Therefore, the Covenantor hereby covenants for the Covenantor and for all subsequent Owners that, pursuant to California Code of Regulations, title 22, section 67391.1(h), the Owner agrees to pay the Department's costs in administering, implementing and enforcing this Covenant. Page 4 ARTICLE IV RESTRICTIONS AND REQUIREMENTS 4.1. Prohibited Uses. The Property shall not be used for any of the following purposes without prior written approval by the Department: (a) A residence, including any mobile home or factory -built housing, constructed or installed for use as residential human habitation; (b) A hospital for humans; (c) A public or private school for persons under 18 years of age; and (d) A day care center for children. 4.2 Soil Management. Soil management activities at the Property are subject to the following requirements in addition to any other applicable Environmental Restrictions: (a) Activities that will disturb the soil at and below 2 feet below grade (e.g., excavation, grading, removal, trenching, filling, earth movement, mining, or drilling) shall be conducted in compliance with a Soil Management Plan pre -approved by the Department in writing. (b) Any soil brought to the surface by grading, excavation, trenching or backfilling shall be managed in accordance with all applicable provisions of state and federal law. 4.3. Prohibited Activities. The following activities shall not be conducted at the Property: (a) Drilling for any water, oil, or gas without prior written approval by the Department. (b) Extraction or removal of groundwater without a pre -approval by the Department in writing on a case by case basis. (c) Activity that may alter, interfere with, or otherwise affect the integrity or effectiveness of, or the access to groundwater monitoring, operation or maintenance system or activity required for the Page 5 Property without prior written approval of the Department. 4.4. Access for Department. The Department shall have reasonable right of entry and access to the Property for inspection, investigation, remediation, monitoring, and other activities as deemed necessary by the Department in order to protect human health or safety or the environment. 4.5. Access for Implementing Operation and Maintenance. The entity or person responsible for implementing the operation and maintenance activities, if any, shall have reasonable right of entry and access to the Property for the purpose of implementing such operation and maintenance activities until the Department determines that no further operation and maintenance activity is required. 4.6. Inspection and Reporting Requirements. The Owner, or its agent, representative, or designee, shall conduct an annual inspection of the Property verifying compliance with this Covenant and shall submit an annual inspection report to the Department for its approval by January 15th of each year. The annual inspection report must include the dates, times, and names of those who conducted the inspection and reviewed the annual inspection report. It also shall describe how the observations that were the basis for the statements and conclusions in the annual inspection report were performed (e.g., drive by, fly over, walk in, etc.). If any violation is noted, the annual inspection report must detail the steps taken to correct the violation and return to compliance. If the Owner identifies any violations of this Covenant during the annual inspection or at any other time, the Owner must within 10 calendar days of identifying the violation: (a) determine the identity of the party in violation; (b) send a letter advising the party of the violation of the Covenant; and (c) demand that the violation cease immediately. Additionally, a copy of any correspondence related to the violation of this Covenant shall be sent to the Department within 10 calendar days of its original transmission. 4.7 Five -Year Review. In addition to the annual reviews noted above, after a period of five (5) years from the effective date of this Covenant and every five (5) years thereafter, Owner shall submit a Five -Year Review report documenting its review of the remedy implemented and its evaluation to determine if human health and the Page 6 environment are being adequately protected by the remedy as implemented. The report shall describe the results of all inspections, sampling analyses, tests and other data generated or received by Owner and evaluate the adequacy of the implemented remedy in protecting human health and the environment. As a result of any review work performed, DTSC may require Owner to perform additional review work or modify the review work previously performed by Owner. ARTICLE V ENFORCEMENT 5.1. Enforcement. Failure of the Owner or Occupant to comply with this Covenant shall be grounds for the Department to require modification or removal of any Improvements constructed or placed upon any portion of the Property in violation of this Covenant. Violation of this Covenant, such as failure to submit (including submission of any false statement) record or report to the Department, shall be grounds for the Department to pursue administrative, civil, or criminal actions, as provided by law. ARTICLE VI VARIANCE, REMOVAL AND TERM 6.1. Variance from Environmental Restrictions. Any person may apply to the Department for a written variance from any of the Environmental Restrictions imposed by this Covenant. Such application shall be made in accordance with Health and Safety Code section 25223. 6.2 Removal of Environmental Restrictions. Any person may apply to the Department to remove any of the Environmental Restrictions imposed by this Covenant or terminate the Covenant in its entirety. Such application shall be made in accordance with Health and Safety Code section 25224. 6.3 Term. Unless ended in accordance with paragraph 6.2, by law, or by the Department in the exercise of its discretion, this Covenant shall continue in effect in perpetuity. ARTICLE VII MISCELLANEOUS 7.1. No Dedication Intended. Nothing set forth in this Covenant shall be construed to be a gift or dedication. or offer of a gift or dedication, of the Property, or Page 7 any portion thereof, to the general public or anyone else for any purpose whatsoever. 7.2. Recordation. The Covenantor shall record this Covenant, with all referenced Exhibits, in the County of San Diego within 10 calendar days of the Covenantor's receipt of a fully executed original. 7.3. Notices. Whenever any person gives or serves any Notice ("Notice" as used herein includes any demand or other communication with respect to this Covenant), each such Notice shall be in writing and shall be deemed effective: (a) when delivered, if personally delivered to the person being served or to an officer of a corporate party being served; or (b) five calendar days after deposit in the mail, if mailed by United States mail, postage paid, certified, return receipt requested: To Owner: Mr. Brad Raulston City Manager City of National City 1243 National City Boulevard National City, California 91950 And To Department: A.Edward Morelan, PG, CEG Branch Chief Department of Toxic Substances Control Site Mitigation and Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 Any party may change its address or the individual to whose attention a Notice is to be sent by giving advance written Notice in compliance with this paragraph. 7.4. Partial Invalidity. If this Covenant or any of its terms are determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions of this Covenant shall remain in full force and effect as if such portion found invalid had not been included herein. 7.5. Statutory References. All statutory or regulatory references include Page 8 successor provisions. 7.6. Incorporation of Exhibits. All exhibits and attachments to this Covenant are incorporated herein by reference. IN WITNESS WHEREOF, the Covenantor and the Department hereby execute this Covenant. Covenantor: By: Name and Title: Brad Raulston, City Manager City of National City Date: Department of Toxic Substances Control: By: Name and Title: A. Edward Morelan, PG, CEG Branch Chief Cypress Cleanup Branch Site Mitigation and Environmental Restoration Program Date: Attachments: Exhibit A, "Parcel Maps Exhibit B, "Legal Description", Exhibit C, "Plot Plan" Page 9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (space above this line is for name and title of the officer/notary), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (seal) Signature of Notary Public Page 10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (space above this line is for name and title of the officer/notary), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (seal) Signature of Notary Public Page 11 Exhibit A "Paracel Map" Page 12 06 559-101-106 1 1 1 CC 0 HWY OP XI-SD-2 e N INTERSTATE SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 559 PG 10 J 50 I87". /e174 i1IBIT A PARCEL MAPS I eo PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA 1„ -I a., I" 220„ -Q—_ z21 3 _ I J-20— - 4 4 1 19-16 5 - 24123r 187o�.e�a7 AC- :Q 7� 16 0 8 fi I 15 10^ 27Q 1, . O6 BLK ? Ciao 14— to PP Po /9® 18 17 -_ 12 16 148 15 14 •1 13 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. PAGE A-1 22 2 21 -- --I �I- - --1 3 20 V _ BLK 4 � • 110 ---1 5 I I �8 —O—a 6 17 93 AC —7�16— — 8�> I-�S — 9-ia14 — I0 13 -1 --1 0 u ST 0 P1 152 -1q`l ,5 21 3 4 Qz { s 20 19 -+ — — — 5 `,J 6 T BLKbI109 8 --C 9 , ---1 10 u,.o 11I 3_. l0 1 1— 18 - 17 16 — 15 — 14 ... ST ST 40 559 109-0 m TEI 559 - 10 6/25/2015 CS CHANG S BLK OLD NEW CUT /01 /01. /OS /O/ /oZ /0 JI 11-13 floe Jo(11 10411 13 /4, 572.4 41 4569 72 144. 7L 2171 /03 /0/ // 14r/8 77 3/7 /0/ /06 /06 /04 /2 /0 /6,17 /Zi/3 14,15 JAA1F 78 576 81 5589 /0z /4,5 /6 /7 8, 867 /06 /06 4.42 6/I7 /04 B/9 83 2Z/7 iat a♦ /vd 101 i " 0 00 /t s4.6 5.M6 B4 495 dd93 ea 104 /04 02 115 1!!i2 2.3617 r3-/f ,8 690 80 /749 92 2446 106 687 19 12 1077 105 0680? 12 13 1122 19 POR PAR 2 SBE MAP 141-37-178 MAP 348 - NATIONAL CITY REFILED ROS 9928, 10784, 12247, 15763, 15954 560-201-206 14 1 I L—_ L EX IBIT A PARCEL IV✓APS PARADISE CREEK PARK as NOTIQNQL GITY, cAtiwn � 110 0.:1 22 r.® t - 2 21 -.: - 1— — 3 -1 20 Q< — — 4 —1._. I— ; .� - - 6- 5 -- I 1- IS 7 7 16-RLl,6O -I- BLK.7 F 16 /-- -1 1- -8-,W�5 - _ - - A- L,O.SSAC_ 1 _8�W 15 L 9 j 14 H . �9 4 14 -1 -1 ►- — L_ — - 1 -t F-- _ 1.._ 10 �.., 13 �1- . A I r1L" 't. _ i 1- - - -lO J� L 13 18L„ o J 0 00 2OTH ST. CD t _ 11- 3 �~20 166 AC.4 U ~I 9 _ — 5-1 F-18 BLK. 6 17 83 CIDa- i ST. 19TH. CLSD. rmr.4n sa+q i 56D= o - - ti BLK. 4 5 18 I 2 20 19 84 1--O� 6 I 17 66 AC _ 7� 6 ;' 11 sen.s lrl 8_a I' i 9_4 - • 10 :13 SAN DIEGO COUNTY ASSESSOR'S MAP BOOK'560 PAGE 20 ST O O ST OP 2 ST cI so _1r22.r e N ACJr. � — BLKJ45 — - F- - -1F— - - - Wf —='— 1° j L 13 --� ST. CLSD, f ROOSEVELT II THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. SY. rA5. epAr 25a.m —11 1.66 AC. 19 • • J a 1Se AG(RO.S.)T: CLSG . 3 _ i .__Ii—�— — 2—i ;- 1.06 AC 4 19 - - _ - —8LK.5_ �I820 ii I tO 6 I I 17 7 16 - O— 8 - 15 - -9` -iI-14 - 10 J..L J3-! - - 3 ST. CLSD. 3 PAGE A-2 >- t— J O • Z 0 F z z 20TH ST. MAP 348 - NATIONAL CITY RE -FILED ROS 11210, 13498 560-20 1" 1 00' 03/03/2017 MSP CHANGES BLK OLD tEW YR,CUT 202 5l 8y9 hr 47724r51 AG, 3073 Ax, 4 103 l`tr' ',pe 104 f ip's.om 76 55/9 105 ia, SAMA 78 5808 205 .,2 3 do /447 204 . 1i, SAMI ID 5lo4 re, s.:� . A....,Id. 4 3 J.... -84 561Q 203 115 1 66 24.5 204 183 485 04 1085 206 385 6-8 14 153/ 206 8 'Mi1 t 15 5572 206 8 na 17 4702 06 } LIDGE AVE I I 11+ 20TH2ST N �{ 560-391-05 Atk SAN DIEGO COUNTY ASSESSORS MAP BOOK '560 PAGE 39 } \/ i� ST 4 CLSD 1• T , I-1'1..r-22 ". 7 2 s 61 ,1 j I-v — 3 i" 2—0 2.1i"AC 1. a I- 4 19 ▪ i_BLK 5 -I to gg j a 1 1 17 — $1. t....::..a- I I—� t • n I I— - i — 1 �! —' '-1 I N — ! --I LG' —"IL — -.31 `/a — — II 2 ST....Mx,..L Vim" zee_ 222. EXHIBIT 20 PARCEL MAPS PARADISE CREEK PARK ATIQNALCITcY ECALIFORNIAST CLSD I �. r 22 -,.. 7— 22, _ 2-i 1_21 _ _ 2 21 6/3 �~20 Q _ — - 4- 92 19- - Q _ 231 AC4 19 5 18 a s - sB`I .4417 1.67 AC - -i ~— '� 7 16 8 -1 1- a- 9 —1?,~14 N 71-re 1i:4 Y67 W 0 O 760- • I00=65 3 22 _ 21CY 3 u 9 10 aft /•® ST THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. ROOSEVELT PAGE A-3 BLK 5� — 6H 18-21_ 17— a� I_ 15 9 14— 10 ‘4 13 ; � a•o., J rr. iri � y i1 ST CLSD i Ileome ST a sr 22 CLSD 1 / 3- I CF 22 U "0 21 3, __ — 4 18 — rJ I I IS Z �m 6 ' 17 4QJ BLK. 7 I 16 22 4 2 V zo-8 . ,15 _ - O � I. - 18 T 13 "`'" .11-` Z $ 0. MAP 348 - NATIONAL CITY RE -FILED 20TH ST 26 27 560-39 1"=100' 01/28/2015 ACR CHANGES BLK OLD NEW YR CUT 325 MR vi /O dL 2275 392 31, 394 346 41,3 112 393 .1',9..;, S 6 taoo sr Ite 393,::I.3 3941 39r 395 /3-/.4 COD / .5 447 d-/0 67 /0 4/un // SAME SAME SAME 77 73 74 76 79 86 81 /9f?0 B! 3440 BL 1r 9.1 3457 4151 4994 4C3, 1e14 5847 5604 5704, 38// 5478 /662 343 742 5,1,f LO, 5330 394 393 392 393 395 ,oir8 41 :d11i 4 4 4 �u /357 95 4608 7o-P795 12413 01 4610 2126 394 10 21822 06 2007 391 391 eela.3 11812 11612 14 sr Ds, 15 1637 5572 06 1't1i1rE1 (1UEI — e0 1F til 1- T HWY. OP 1n XI-SD-2 W 1 1- CC ? 10 CD ¢ 1 = 1 1 J ea SAN DIEGO COUNTY ASSESSORS MAP BOOK 559 PG 12 n 72 tt'24 0.50 AC .1 .4 ST 71/7 a51-ti 46 �AC beeJ BLK. 0 - STO ¢ n /7 2 10_, CLSD 2 BLK ,I 10; 20� 'aQDl,s °s 13 of '•{, ST. s ; S} 7 ,y a 70.2t/LE_5 4,, ST GLSO n Ti3 22 21 2,2 le 171 /6 15® /a /f 0 CLSD. L 14 2 0 en EXQIIT A PI IViAPS PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA,, 6 ee CUD' • Its^ 22l t - I 1= 21h• (x )3 y h7e i Imo- /6(110 4 r 6 ! It 7 ID: "(A-) Ifs s 00 /0 7 2$ l „�) Sf., "1 f 22 ..1 1 ti 1 I F- �- 25 :1' 6 i a- IS 0.55 AC - 7 ~6 J '4a. - '''-,;24. O 22ND 'o HARDING 4-22 STREET 72 2� I-21 5O 1"-22 — -i 21 - -1 N 40 zo - 19 4 b J J g ST. xwanw IOW XEr THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. PAGE A-4 MAP 348 — NATIONAL CITY REFILED ROS 9928, 10642 559 — 12 01/28/2015 ACR CHANGES ELK OLD NEW YR CUT /2/ 441ii i/ NE xf 1p(1444, 123 12-4Jf41i5 I 12S 1,i/2 17 71 3448 122 13414 /S 73 47, /2(.. 2W4 5... 7S S73. /26 2,3 /1,12 75 4493 /27 9 N(/2) /2/ /0 /3i/4 /24 9 13i/4 '731 576 /2G /0 ,1s'/6. /26 r M /71/e� 176 2/ /7 /24. :i 1;.f 20 '1 /1/3 /r/. 26t,e_ Ft,`..4r 222 3462 /2/ '',i /5 10.0 /644 125 1'r it° 041.1 67 ff44/ 124 5 8-8 14 1537 124 8 31 '. 15 5572 06 559-121-126 W HWY. OP 4 1 XI-SD-2 W 1 1- I ZI J SAN DIEGO COUNTY ASSESSOR'S MAP BOOR 559 PG 12 e0 CC 0 m CC z e0 20m y 22 21 TD z° 19 e 172 /7 13D '4 /s III, 13 ,/3 1st t5T. CLS U� 6• 4: a7 /rarf v 1O' ST CLSO 73 • 0° 121 z 0 e0 l EXk19BIT A PIA'RCE6-IViAPS 40 PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA_ h `ID ea ,a a F zlh, CUP _Oa 3D; ,9® :• r• ,z map ce e /a Q7 9 T ; +1 1 2 2 N D ti ST. 20 Y 1—e07.55 AC. STREET 00 S 1 s ti / 0 an ST. THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES 34 PAGE A-5 MAP 348 — NATIONAL CITY REFILED ROS 9928, 10642 ink NtEr 559 — 12 01/28/2015 ACR CHANGES BLK OLD NEW YR CUT /21 123 /24 I25 Arai /4 11 012 17 NA 3 11 xr 3448 122 124 126 J31/4 /S zuce:y sr. 2,3 1/,12 73 75 75 4471 570 4493 /21 9 1/(/2 /2/ /0 /3114 /24 124 /24 /44 /76 /z4 /2/ 9 13./4 /0 /5./4 /z-1 1'1' x /7n9 // /9 a:-t4' Po eat, o Pb` 'ay.. /5 78 dV. 576 /1/3 3407 /444 l24 e7 124 124 5 6-8 8 1! Lure 250 14 49/ 1537 5 5572 Exhibit B "Legal Description" Page 13 EXHIBIT B LEGAL DESCRIPTION PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA A portion of Blocks 84, 107, 108, 109, and 150 as shown on Map No. 348, Filed March 1852 in the Office of the County Recorder of San Diego County, more particularly described as follows: PARCEL 1 COMMENCING at a lead and tag stamped "SD CITY ENG" per Record of Survey No. 14492, filed March 31, 1994 as File No. 1994-0214720, said monument being Point 1278 on said Record of Survey and bears South 01 °54' 18" West 2750.14 feet from a 2 1/2" brass disc in a standard well monument stamped "RCE 27399" being Point 1232 per said Record of Survey No. 14492; Thence North 08°07' 16" West 657.90 feet to a point in the northerly right of way line of 22nd Street and the TRUE POINT OF BEGINNING; Thence along the centerline of the closed alley in said Block 150, North 17°45'34" West 250.000 feet to a point on the southerly right of way line of 21' Street; Thence along said southerly right of way line North 72°14'26" East 86.05 feet to the beginning of a tangent curve concave southerly and having a radius of 36.00 feet; Thence leaving said right of way line, along said curve easterly 13.23 feet through a central angle of 21°03'09" to a point of reverse curvature with a curve concave northwesterly having a radius of 84.00 feet, a radial line of said curve from said point bears North 03°17'35" East; Thence along said curve northerly 194.05 feet through a central angle of 132°21'46" to a point of reverse curvature with a curve concave northeasterly having a radius of 36.00 feet, a radial line of said curve from said point bears North 50°55'49" East; Thence along said curve northerly 13.38 feet through a central angle of 21°17'22" to a point on the easterly right of way line of Harding Avenue; Thence along said easterly right of way line North 17°46'49" West 250.70 feet to a point on the centerline of 20t Street; Thence along said centerline North 72°13'55" East 143.03 feet; Thence leaving said centerline North 17°44'32" West 40.00 feet to a point on the northerly right of way line of 20`h Street; Thence along said northerly right of way line North 72°1355"East 2.00 feet; Thence North 17°44'32" West 150.37 feet to the northerly line of Lot 18 of said Block 109; Thence along said northerly line and its extension North 72°15'28" East 145.02 feet to a point on the centerline of Coolidge Avenue; Thence North 72°19'21" East 7.42 feet; Thence South 72°11'18" East 123.81 feet; Thence South 19°53'27" West 901.18 feet; Thence South 17°45'34" East 25.47 feet to the northerly right of way line of 22nd Street; Thence along said northerly right of way line South 72°39' 15" West 52.61 feet to TRUE POINT OF BEGINNING. CONTAINING: 3.04 Acres, more or less. SUBJECT TO all covenants, rights, right-of-way and easements of record. EXHIBIT "B" is attached and made a part hereto. C / J /1- 27-18 Peter C. Golding, PLS 4768 License Expires: 3-31-20 PAGE B-1 EXHIBIT B TOTAL PARCEL AREA LEGAL DESCRIPTION 4 PARCEL AREA = 3.04 ACRESPARADISE CREEK PARK "/, ATIONA C , CALIFORNIA,/ l // 1l91N 57. ��hh'/ // SCALE 1 "=200' I I T .ti:� H--BLK 148—--"/ 111 OS € 928-1 I I a I /BLS 100 I I � it � / / 2r7TH ST r / / 0, pia —1 /c w T— — 1 —1 § ,� 4 BL$ -108 1 a HBL K 149 1 / o L11i /kTG 21ST ST. .. co FOUND 2 1/2" BRASS DISC IN WELL STAMPED "RCE 27399" PT 1232 PER ROS 14492. N=1,824, 035.47 E=6,298,132.69 Lr- r 0 T.P.O.B. P.OB_ / BL'< J07 BLK 84 B_K 85 MAP 3 r8 22AD ST. z 01 0)1 o ' 1 / FOUND LEAD & TAG STAMPED "SD CITY ENG" PT 1278 I / PER ROS 14492. P.O.C. N=1,821,286.85 E=6,298, 041.27 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ON NOVEMBER 16, 2018. PETER C. GOLDING //-Z7/ L. S 4768 EXHIBIT " B" BLK 88 1 N V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.000 PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 1 OF 2 SHEETS PREPARED FOR: I14Mt.6121 DATE SUBMITTED: 11.16-18 J09 NUMBER 226817-0000241.03 N:\226817-0000241-03\CADD\SURVEY\241_03_PLAT.DWG LINE BEARING LENGTH L 1 N7274 26 E 86.05 L2 N17'44'32"W 40.00 L3 N7273'S5"E 2.00 L4 N727921 "E Z42 L5 S17'4534 E 25.47 L6 57239'15"W 52.61 E�CHIBIT B N72.15'28"E LEGAL EWIIP PARADI E CRETPK �1.9g4� 145.02' NATIONAL ITY, CALIFOIJNI(A L3 L2-740 N72'13'55'E 143.03' �� 20TH ST BL}< 140 I I J 21STST. T.P.O.B.� L6 SCALE 1"=100' 7'46'49 "W 250.70' PARCEL 1 NATIONAL CITY PARADISE CREEK PARK BLK 108 s; ,55 4g -(R) 0/ v 22ND ST \• MAP 348 BL K 107 L4 s BL''< 84 BLK 85 Curve # Delta Radius Length Cl 21 03'09 ° 36.00 13.23 C2 132 21 '46" 84.00 194.05 C3 21 '17'23" 36.00 13.38 R V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO CA 92128 P: 858.385�.0500 WWW.NVS.COM PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 2 2 SHEETS PREPARED FOR: tt, a1tL EgIT3Y DATE SUBMITTED: 11-18-18 JOB NUMBER 226817-0000241.03 N:\226817-0000241-03\CADD\SURVEY\241_03_PLAT.DWG Exhibit C "Plot Plan" Page 14 4444 18TH ST WILSON AVE APN: 559-105-09 APN: 559-105 1 1 APN: 559-105-12 20TH ST APN: 559-122-15 559-122-10 APN: 559-122-09 `.. APN: 559-122-08 APN: 559-122-07 APN: 559-122.06 - 21 ST ST APN: 559-125-09 APN: 559-125-10 APN: 559.125-17 APN: 559-125-13 APN559-125-10 EXHIBIT-C PLOT PLAN PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA 19TH ST L I APN:559-104-13 APN: 559.104-15 22ND ST Exhibit APN: 559-104-14 APN: 559-10/-05 I APN: 559-104-11 APN: 559.104-03 1 4P9: 559-104-10 EXISTINGXNCE APN: 559.124-06 APN: 550.201-01 I I , I I 1 I APN 560-206-06 IQ 0 0 APN'. 560-206-07 APN. 560-391.05 / APN: 560-391-12 APN: 560-391-11 C� 1 I APN. 560-206-08 1 1 I I I � 1 -L J� n I I APN 560-202-01 APN: 560.2050.3 — APN: 5130.392-11 NATIONAL CITY i 1J9Y t O[IY OF NATIONAL CITY 1��pO�O I-Cgp GRAPHIC SCALE SCALE 1, Sp' PAGE C-1 NV5 cam Atm. 00— 15092 A1050 Of SWIM 91E MO SAN OEM. CA nrn s56365.10, m 003000A00 n2 M10040 �l�-io-opt RESOLUTION NO. 2020 — 168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE COVENANT'S CONDITIONS AND RESTRICTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE LAND USE COVENANT AND AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (CITY) AND THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (THE DEPARTMENT) FOR THE PROPERTY COMPRISING OF THE FOLLOWING ASSESSOR'S PARCEL NUMBERS: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, AND 559-125- 15, (FORMERLY THE NATIONAL CITY PUBLIC WORKS YARD PARK -SIDE) NOW PARADISE CREEK EDUCATIONAL PARK WHEREAS, on October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 which provided the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) to include walking paths, community garden, playground and other amenities on the west side of Paradise Creek between West 22nd Street and West 19th Street; and WHEREAS. the site remediation was done in conformance with the Removal Action Workplan ("RAW") approved by the Department of Toxic Substances Control (the "Department"); and WHEREAS, the approved RAW document included removal and off -site disposal of lead -impacted soil, placement of a clean layer of soil above the entirety of the proposed park, and required a Land Use Covenant to restrict specific activities pursuant to California Civil Code Section 1471 and Health and Safety Code Section 25202.5; and WHEREAS, the remediation of the site was completed in December 2019 through the excavation and off -site disposal of lead containing subsurface soil; and WHEREAS, clean imported fill soil was placed throughout the site and was used as a cover to protect future park visitors from being exposed to the remaining lead in the soil; and WHEREAS, Lead, the hazardous substance that remain at the Property (Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559- 125-15) exists 2 feet below the clean imported soil cover; and WHEREAS, as a result of the presence of the hazardous waste, which are also hazardous materials defined in Health and Safety Code section 25260, the Department has required the City to restrict the use of the property and requires the Land Use Covenant and Agreement ("Covenant") as part of the Department -approved remedy for the property; and WHEREAS, the Covenant has been reviewed and approved by the Department on August, 2020. The City and the Department agree that the use of the Property be restricted as set forth in the Covenant; and WHEREAS, the Department has concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant and Soil Management plan (such as a community park and garden with raised beads), does not present an unacceptable risk to present and future human health or safety or the environment; and Resolution No. 2020 — 168 Page Two WHEREAS, City Staff recommends that the City Council accept and authorize the City Manager to Execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Covenant's conditions and restrictions and authorizes the City Manager to Execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. PASSED and ADOPTED this 1st day of September 2020. Alejandra Sotelo-Solis, Mayor ATTEST: g Michael R. Dalla,/ ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on September 1, 2020 by the following vote, to -wit: Ayes: Councilmembers Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-168 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2020. City CIerK of the City of Nat nal City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: 9 ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City (City) and the Department of Toxic Substances Control (the Department) for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559- 125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. PREPARED BY: Jose Lopez, Dep PHONE: 619-336-4312 EXPLANATION: See attached explanation. City Engineer Engineerin DEPARTMENT: APPROVED BY: & Public Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION U FINAL ADOPTION r1 STAFF RECOMMENDATION: Adopt Resolution accepting and authorizing t the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City (City) and the Department of Toxic Substances Control (the Department) for the property comprising of the following Assessor's Parcel Numbers 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Land Use Covenant and Agreement with Exhibits 3. Resolution Explanation On October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 which provided the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) to include walking paths, community garden, playground and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street. The site remediation was done in conformance with the Removal Action Workplan ("RAW") approved by the Department of Toxic Substances Control (the "Department"). The RAW evaluated cleanup alternatives for addressing the lead -impacted soil. The approved RAW document included removal and off -site disposal of lead - impacted soil, placement of a clean layer of soil above the entirety of the proposed park, and required a Land Use Covenant to restrict specific activities pursuant to California Civil Code Section 1471 and Health and Safety Code Section 25202.5. The remediation of the site was completed in December 2019 through the excavation and off -site disposal of lead containing subsurface soil. Clean imported fill soil was placed throughout the site and was used as a cover to protect future park visitors from being exposed to the remaining lead in soil. Lead, the hazardous substance that remain at the Property (Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15) defined in Exhibit 'A' of the Land Use Covenant - exists 2 feet below the clean imported soil cover. As a result of the presence of the hazardous waste, which are also hazardous materials defined in Health and Safety Code section 25260, the Department has required the City to restrict the use of the property and requires the Land Use Covenant and Agreement ("Covenant") as part of the Department -approved remedy for the property. The Covenant has been reviewed and approved by the Department on August, 2020. The City and the Department agree that the use of the Property be restricted as set forth in the Covenant. Below is a brief summary of the restrictions: 1) Prohibited Uses - The property shall not be used for a hospital for humans, a public or private school for persons under 18 years of age, or a day care center for children. 2) Construction of Buildings or Structure - Health and Safety Code section 25227 must be complied with prior to a structure, including any mobile home or factory -build housing being constructed or installed for use as residential human habitation at the Property. -1- 3) Soil Management - Activities that will disturb the soil at and below 2 feet below grade (e.g., excavation, grading, removal, trenching, filling, earth movement, mining, or drilling) shall be conducted in compliance with a Soil Management Plan pre -approved by the Department in writing. 4) Prohibited Activities - The following activities shall not be conducted at the Property: (a) Drilling for any water, oil, or gas without prior written approval by the Department. (b) Extraction or removal of groundwater without a pre -approval by the Department in writing on a case -by -case basis. (c) Activity that may alter, interfere with, or otherwise affect the integrity or effectiveness of, or the access to groundwater monitoring, operation or maintenance system or activity required for the Property without prior written approval of the Department. The Department has concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant and Soil Management plan (such as community park and garden with raised beads), does not present an unacceptable risk to present and future human health or safety or the environment. Therefore, staff recommends that the City Council accept and authorize the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the Property -2- RECORDING REQUESTED BY: Mr. Brad Raulston City Manager City of National City 1243 National City Boulevard National City, California 91950 WHEN RECORDED, MAIL TO: Department of Toxic Substances Control 5796 Corporate Avenue Cypress, California 90630 Attention: Maryam Tasnif-Abbasi Site Mitigation and Restoration Program SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE LAND USE COVENANT AND AGREEMENT ENVIRONMENTAL RESTRICTIONS County of San Diego, Assessor Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16 and 559-125-15 National City Public Works Yard Park -side Department Site Code: 401294-11 This Land Use Covenant and Agreement ("Covenant") is made by and between the City of National City ("Covenantor"), and the Department of Toxic Substances Control (the "Department") for the property comprising of the following Assessor's Parcel Numbers (Exhibit A, "Parcel Maps"): 1. 559-104-10; 2. 560-206-07; 3. 560-391-05; 4. 559-124-06; 5. 559-125-16; and, 6. 559-125-15. A physical street address has not yet been assigned to the subject property. However, the property was formerly a portion of 2100 Hoover Avenue, National City, in the County of San Diego, State of California (the "Property"). Pursuant to Civil Page 1 -3- Code section 1471, the Department has determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials as defined in Health and Safety Code section 25260. The Covenantor and the Department hereby agree that, pursuant to Civil Code section 1471 and Health and Safety Code section 25202.5, the use of the Property be restricted as set forth in this Covenant and that the Covenant shall conform with the requirements of California Code of Regulations, title 22, section 67391.1. ARTICLE I STATEMENT OF FACTS 1.1. Property Location. The Property that is subject to this Covenant, totaling approximately 3.5 acres, is more particularly described in the attached Exhibit B, "Legal Description", and depicted in Exhibit C, "Plot Plan". The Property is located in the area now generally bounded by West 19th Street to the north, West 22nd Street to the south, Paradise Creek to the east, and Harding Avenue to the west. The Property is also identified as County of San Diego Assessor Parcel Numbers 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16 and 559-125-15. The Property is zoned for recreational use and is currently developed as a community park. 1.2. Remediation of Property. Investigation and remediation were conducted under the Department's oversight under the authority of Standard Reimbursement Agreement Number 18-T4572 executed on February 21, 2019. The remediation of the Property was completed in December 2019 and included the excavation and disposal of lead containing subsurface soil at a permitted facility. Clean imported fill soil was placed throughout the Property and was used as a cover to protect future visitors from being exposed to remaining contamination in the soil. Lead, the hazardous substance that remains at the Property, exists about two feet below the clean imported soil cover. The concentrations of lead left in the underlying soil ranges from 21.9 milligram per kilogram (mg/kg) to 1090 mg/kg. 1.3. Basis for Environmental Restrictions. As a result of the presence of hazardous wastes, which are also hazardous materials as defined in Health and Safety Code Section 25260, at the Property, the Department has concluded that it is reasonably necessary to restrict the use of the Property in order to protect present or future human health or safety or the environment, and that this Covenant is required as part of the Department -approved remedy for the Property. The Department has also Page 2 -4- concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant, does not present an unacceptable risk to present and future human health or safety or the environment. ARTICLE II DEFINITIONS 2.1. Department. "Department" means the California Department of Toxic Substances Control and includes its successor agencies, if any. 2.2. Environmental Restrictions. "Environmental Restrictions" means all protective provisions, covenants, restrictions, requirements, prohibitions, and terms and conditions as set forth in this Covenant. 2.3. Improvements. "Improvements" includes, but is not limited to buildings, structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities. 2.4. Lease. "Lease" means lease, rental agreement, or any other document that creates a right to use or occupy any portion of the Property. 2.5. Occupant. "Occupant" or "Occupants" means Owner and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property. 2.6. Owner. "Owner" or "Owners" means the Covenantor, and any successor in interest including any heir and assignee, who at any time holds title to all or any portion of the Property. ARTICLE III GENERAL PROVISIONS 3.1. Runs with the Land. This Covenant sets forth Environmental Restrictions that apply to and encumber the Property and every portion thereof no matter how it is improved, held, used, occupied, leased, sold, hypothecated, encumbered, or conveyed. This Covenant: (a) runs with the land pursuant to Civil Code section 1471 and Health and Safety Code section 25202.5; (b) inures to the benefit of and passes with each and every portion of the Property; (c) is for the benefit of, and is enforceable by the Department; and (d) is imposed upon the entire Property unless expressly stated as applicable only to a specific portion thereof. 3.2. Binding upon Owners/Occupants. This Covenant: (a) binds all Owners of -5- Page 3 the Property, their heirs, successors, and assignees; and (b) the agents, employees, and lessees of the Owners and the Owners' heirs, successors, and assignees. Pursuant to Civil Code section 1471, all successive Owners of the Property are expressly bound hereby for the benefit of the Department; this Covenant, however, is binding on all Owners and Occupants, and their respective successors and assignees, only during their respective periods of ownership or occupancy except that such Owners or Occupants shall continue to be liable for any violations of, or non-compliance with, the Environmental Restrictions of this Covenant or any acts or omissions during their ownership or occupancy. 3.3. Incorporation into Deeds and Leases. This Covenant shall be incorporated by reference in each and every deed and Lease for any portion of the Property. 3.4. Conveyance of Property. The Owner and new Owner shall provide Notice to the Department not later than 30 calendar days after any conveyance or receipt of any ownership interest in the Property (excluding Leases, and mortgages, liens, and other non -possessory encumbrances). The Notice shall include the name and mailing address of the new Owner of the Property and shall reference the site name and site code as listed on page one of this Covenant. The notice shall also include the Assessor's Parcel Number(s) noted on page one. If the new Owner's property has been assigned a different Assessor Parcel Number, each such Assessor Parcel Number that covers the Property must be provided. The Department shall not, by reason of this Covenant, have authority to approve, disapprove, or otherwise affect proposed conveyance, except as otherwise provided by law or by administrative order. 3.5. Costs of Administering the Covenant to Be Paid by Owner. The Department has already incurred and will in the future incur costs associated with this Covenant. Therefore, the Covenantor hereby covenants for the Covenantor and for all subsequent Owners that, pursuant to California Code of Regulations, title 22, section 67391.1(h), the Owner agrees to pay the Department's costs in administering, implementing and enforcing this Covenant. Page 4 -6- ARTICLE IV RESTRICTIONS AND REQUIREMENTS 4.1. Prohibited Uses. The Property shall not be used for any of the following purposes without prior written approval by the Department: (a) A residence, including any mobile home or factory -built housing, constructed or installed for use as residential human habitation; (b) A hospital for humans; (c) A public or private school for persons under 18 years of age; and (d) A day care center for children. 4.2 Soil Management. Soil management activities at the Property are subject to the following requirements in addition to any other applicable Environmental Restrictions: (a) Activities that will disturb the soil at and below 2 feet below grade (e.g., excavation, grading, removal, trenching, filling, earth movement, mining, or drilling) shall be conducted in compliance with a Soil Management Plan pre -approved by the Department in writing. (b) Any soil brought to the surface by grading, excavation, trenching or backfilling shall be managed in accordance with all applicable provisions of state and federal law. 4.3. Prohibited Activities. The following activities shall not be conducted at the Property: (a) Drilling for any water, oil, or gas without prior written approval by the Department. (b) Extraction or removal of groundwater without a pre -approval by the Department in writing on a case by case basis. (c) Activity that may alter, interfere with, or otherwise affect the integrity or effectiveness of, or the access to groundwater monitoring, operation or maintenance system or activity required for the -7- Page 5 Property without prior written approval of the Department. 4.4. Access for Department. The Department shall have reasonable right of entry and access to the Property for inspection, investigation, remediation, monitoring, and other activities as deemed necessary by the Department in order to protect human health or safety or the environment. 4.5. Access for Implementing Operation and Maintenance. The entity or person responsible for implementing the operation and maintenance activities, if any, shall have reasonable right of entry and access to the Property for the purpose of implementing such operation and maintenance activities until the Department determines that no further operation and maintenance activity is required. 4.6. Inspection and Reporting Requirements. The Owner, or its agent, representative, or designee, shall conduct an annual inspection of the Property verifying compliance with this Covenant and shall submit an annual inspection report to the Department for its approval by January 15th of each year. The annual inspection report must include the dates, times, and names of those who conducted the inspection and reviewed the annual inspection report. It also shall describe how the observations that were the basis for the statements and conclusions in the annual inspection report were performed (e.g., drive by, fly over, walk in, etc.). If any violation is noted, the annual inspection report must detail the steps taken to correct the violation and return to compliance. If the Owner identifies any violations of this Covenant during the annual inspection or at any other time, the Owner must within 10 calendar days of identifying the violation: (a) determine the identity of the party in violation; (b) send a letter advising the party of the violation of the Covenant; and (c) demand that the violation cease immediately. Additionally, a copy of any correspondence related to the violation of this Covenant shall be sent to the Department within 10 calendar days of its original transmission. 4.7 Five -Year Review. In addition to the annual reviews noted above, after a period of five (5) years from the effective date of this Covenant and every five (5) years thereafter, Owner shall submit a Five -Year Review report documenting its review of the remedy implemented and its evaluation to determine if human health and the -8- Page 6 environment are being adequately protected by the remedy as implemented. The report shall describe the results of all inspections, sampling analyses, tests and other data generated or received by Owner and evaluate the adequacy of the implemented remedy in protecting human health and the environment. As a result of any review work performed, DTSC may require Owner to perform additional review work or modify the review work previously performed by Owner. ARTICLE V ENFORCEMENT 5.1. Enforcement. Failure of the Owner or Occupant to comply with this Covenant shall be grounds for the Department to require modification or removal of any Improvements constructed or placed upon any portion of the Property in violation of this Covenant. Violation of this Covenant, such as failure to submit (including submission of any false statement) record or report to the Department, shall be grounds for the Department to pursue administrative, civil, or criminal actions, as provided by law. ARTICLE VI VARIANCE, REMOVAL AND TERM 6.1. Variance from Environmental Restrictions. Any person may apply to the Department for a written variance from any of the Environmental Restrictions imposed by this Covenant. Such application shall be made in accordance with Health and Safety Code section 25223. 6.2 Removal of Environmental Restrictions. Any person may apply to the Department to remove any of the Environmental Restrictions imposed by this Covenant or terminate the Covenant in its entirety. Such application shall be made in accordance with Health and Safety Code section 25224. 6.3 Term. Unless ended in accordance with paragraph 6.2, by law, or by the Department in the exercise of its discretion, this Covenant shall continue in effect in perpetuity. ARTICLE VII MISCELLANEOUS 7.1. No Dedication Intended. Nothing set forth in this Covenant shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Property, or -9- Page 7 any portion thereof, to the general public or anyone else for any purpose whatsoever. 7.2. Recordation. The Covenantor shall record this Covenant, with all referenced Exhibits, in the County of San Diego within 10 calendar days of the Covenantor's receipt of a fully executed original. 7.3. Notices. Whenever any person gives or serves any Notice ("Notice" as used herein includes any demand or other communication with respect to this Covenant), each such Notice shall be in writing and shall be deemed effective: (a) when delivered, if personally delivered to the person being served or to an officer of a corporate party being served; or (b) five calendar days after deposit in the mail, if mailed by United States mail, postage paid, certified, return receipt requested: To Owner: Mr. Brad Raulston City Manager City of National City 1243 National City Boulevard National City, California 91950 And To Department: A.Edward Morelan, PG, CEG Branch Chief Department of Toxic Substances Control Site Mitigation and Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 Any party may change its address or the individual to whose attention a Notice is to be sent by giving advance written Notice in compliance with this paragraph. 7.4. Partial Invalidity. If this Covenant or any of its terms are determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions of this Covenant shall remain in full force and effect as if such portion found invalid had not been included herein. 7.5. Statutory References. All statutory or regulatory references include Page 8 -10- successor provisions. 7.6. Incorporation of Exhibits. All exhibits and attachments to this Covenant are incorporated herein by reference. IN WITNESS WHEREOF, the Covenantor and the Department hereby execute this Covenant. Covenantor: By: Name and Title: Brad Raulston, City Manager City of National City Date: Department of Toxic Substances Control: By: Name and Title: A. Edward Morelan, PG, CEG Branch Chief Cypress Cleanup Branch Site Mitigation and Environmental Restoration Program Date: Attachments: Exhibit A, "Parcel Maps Exhibit B, "Legal Description", Exhibit C, "Plot Plan" -11- Page 9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (space above this line is for name and title of the officer/notary), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (seal) Signature of Notary Public Page 10 -12- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (space above this line is for name and title of the officer/notary), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (seal) Signature of Notary Public Page 11 -13- Exhibit A "Paracel Map" Page 12 O6 ti. PA ELflt1I-ST I ¢ HWY OP XI-SD-2 v in cc I 0 I cr 1 Q _ — J INTERSTATE SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 559 PG 10 J /8174 IBIT A PAIRICEL MAPS I j so PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA • z 0 1 0 2 I �21 3 r ppb ; 20— 4 i I 19 19 24123r 18 0.66 AC iIK-17r4-7i 12 8 ©' 0 sr.,.rr< 5 —0— 6 BLK 7 D8 0 L' _1D/o 14 — ro It 13,Oe re eo /9® 18 17 16 148 15 14 A 13 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. PO 0 0 PAGE A-1 2 i--22 -22 — —1 — —3��H2O— u B- LK 4 1 19 110 --1 — 6 —i 1 8 —O-1 1.93 AC 7(i 16 — 8�ww15 — - v 74 QF 13 ST u w 22 21 q { 20 i n 19 ----4 — 5 I 6 78LK. 8 ,. --- 9 t 10 rdt— 18 17 16 15 14 •.13 _ _ 6. w Fi09 1— ST 0 u w 559-109-10 NEP 559-10 6/23/201S CS I CHAN S 13LK OLD I.EW - CUT 101 /o We 24. /04 / /0f/I Io% 4 !ol B 45 4008 /o/ ' ? 13 7t 7k /o2 /1-13 AP jL 2'71 /43 l 'LKt 77 77 /01 1/ /4i/5) /0/ /2 /i'17 II /Do /D ,t/13 1 % 576 /04 1 1I1/5 /04 � , 4,-7 SAME 81 5569 /o2 /4 9/s /7 8/ a67 roa 5•rr /o6 rill /S 00 1.9r 5 /D4 / 819 83 2.8,1 /I/ I ,vi / ,4 - ?l /vl 7i s 'F 193- 8'0,3 /05 0, . pl.4 % 08 /0 / t of ,t•.+4 1 /04 ,74 ' ...,e : 690 /04 4.61/2 ,j-/s 86 1333 /02 2,3411 411 92 2446 108 667 19 12 1077 105 06501 12 13 1122 1• POR PAR 2 SBE MAP 141-37-178 MAP 348 - NATIONAL CITY REFILED ROS 9928, 10784, 12247, 15763, 15954 06 Q7 I 1BTM O U CD - 1� F2Z _ 2�0'2— 1 — 3 u 20 — ISO 4 9 _ 5� SIB _ BLK_ 6 17 83 7 Ca118 — 8 --1 4125 - 9,4 — 10 . _ . 13 : ST 19T1-1. u ti CL50. ?2,. I- 560-244 07 - �BLK. 4 19 84 - 6 17 IT" AC 7� ` 6 ?'str7- '1ia F- 8-1 I V-- — 9—i —®-� ..t 103 PAD : r ST SAN OIEGO COUNTY ASSESSOR'S MAP BOON'580 PACE 20 CC W 0 0 x -ST 0P J M 1 1a L EXIHIBIll A PARCEL MAPS PARADISE CREEK PARK NATIQI, 4 L_C.ITy, i o, so i 22 —{Nt— — 3 — 8l!K!45 — - - __s 1- - - r - - N. 10 3 L 13 ST.. CLSD. 1 ROOSEVELT ti THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. GA/LWCR IA _ 22 2 21 3 - 20 4 h~19 — — 5 •--Su1 �g — —6-1 F17Qi' —BLK.7 1 I6 8 —iWF—S —9 -+ 14 • 10 Ja.`3 • Mt o ST. 0 • AA ?, a2.IY. SMN(Ro3.)' 11 u CLSD. • 110.10 L1 1.66 AC 19 M eta Pm 3 I -H f--22- 3; O 2 21- y013 AC 3 - M� 20 -4 19_- BLK. 5 1_ 18 20 — —a- t6 17 7 16 _ _ O- 8 —I i- 15 O - 9t 14— - - - 10 J..L -13 ' - - 3 ST. CLSD. 3 PAGE A-2 1- 1- 0 a. 20TH ST. MAP 348 - NATIONAL CITY RE -FILED ROS 11210, 13498 560-20 1 •=100' 03/03/2017 MSP CHANGES ELK OLD IsEW YR CUT 2o2 s%"..r-8 9 205 '( L" 204 4 204 703 275 7, 2 JgAr)SAW. SAME 3 GG 72 307,E 41.1 76 78 40 3579 58o8 /46 7 204 .,a• z0/ SAME 60 3444 tot. 'I" 203 1Ei. J4.4 0 (S*211 BB 2a45 204 163 465 04 1945 206 8-8 14 1537 206 8 206 6 SAW 4. #13�' 15 5572 17 4702 06 illill!;LIDGE AVE 20TH ST rn 560-391-05 ink SAN D GO COUNTY ASSE;SOR'S MAP BOOK 560 PAGE 39 2-1—ST cLse L rei 77. 1 ` —1 IPTM 222• EXHIBIT 20 — PARCEL MAPS PARADISE CREEK PARK AT QNALT CITcYrCA IFORMIAST CLSD I 22 1. - 2 -I 21 - J�- u CC O O x YL K - 2--I I--21 22 - 3 1 r1-2O 4 19 5 1811 5 '4417 L67AC- 7 ~i6 -1 1- — 9 14 Kr") 0 _1. I--13" Nat 780-108-65 3 4 a BLK 8 8 9 10 22 21 20 .a® ST THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. ROOSEVELT PAGE A-3 4 320Q _ - 2.31AC4 3 4 19 - BLK s - 6H 18 21 - ♦- 17- 8171:.- �' ~ 15 - 10�, 13 l.o 2i 1r 71!7717,, �• i ; ST CL SD CL SD $ } .:•K•�s-.. -� n F- 4CF22 11 3 1�20 4 I'0 �19 5 1 18 - 1 17 BLK- 7 1- 1 16 22 0- 8 I5 _114 - 1p ; (( 13 "**.---NA J 1 ST 22 230 /7 0 MAP 348 - NATIONAL CITY PE -FILED J z 0 z Z " 0 Q z 2OTHST 26 27 1 560-39 1",- 1 00' 01/28/2015 ACR CHANGES ELK 04.D NEW YR CUT 395 392 391 394 Prer '4 9 jy.-4 5 /0 6-/0 /0 /0-18 L/u5 ,04 67 77 73 74 22 ♦5 3L57 41s1 4994 4431 491 192- 393 393 L-/4 •'14 b3 // 5;59E SAME SAME 73 7y 80 81 10/4 5847 5804 5706 394 391 395 /3-Ai IT can !s /a! 7 /9120 8/ 6L, 38// 5b28 16G2 393 394 393 /42 10418 40 3.,1 f w 4 ;ie 392 Ja 95 393 395 4 4 OP 126u 3 95 01 3530 /337 4608 4610 2128 394 10 21322 06 2007 391 391 G O 106 94-Q, 11602 11812 4 15 1637 5572 06 - 559-121-126 - — N _ OD HWY. OP — XI-SD-2 W 1— 1 zi SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 559 PG 12 C0 cc 0 R1 cc 00 17 0.50 AC 0 01 ,--ir 0 ST sT g 171/7 /i51 I 4e 20 0. �2 Ay To_ CLSD. I ti YI _ Lso 20m 22 2/ 1'D 20 1(] /e 172 /6 /5 CE:) • • ---xwwwwirwe 7„ „=13�7Is rl `a` ST. zC L5D` • •—A1 .• t �+ ST CLSD C 2- 27 7: 21 - —Q- 20 94117). BLK /7,7 20 le 171 /6 15 EC) ry /30 CL5o. 3. - 14 EXIT A PARCEL-IAAPS 40 PARADISE CREEK PARK STREET NATIONAL CITY, CALIFORNIA,,,,, 2,,,,, 00 ry /oaf 1s I7f ti 22 ,ee 00 1 ,/a , M n/'H 22 — — _ _ — —I Z 0 C0 • 2 zI6Z W 2 21 ,, —� I �_ ]a _ < ^559=1Z'4=° s 3E /9® 4�u�19 2• �s,e® s s 4o�1e 1.s2Ace 17 6 // /z �— �_ — 7 —i (—at 7 /6 arj • — GiDe , - /sC D e — -1 ,00 /0 a ST 9 btr 22ND 0.55 AC. 4 3 //s z Z eb 471. N � 4'A lY I — 4'3 //e O 1.11AC'Fe 4 2: 2, uF- — ,n 20 _4 9 N0 60E sax 50 % ST. tram w 9.11-142 NED THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABIUTY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 34 PAGE A-4 MAP 348 - NATIONAL CITY REFILED ROS 9928, 10642 559-12 01/28/2015 ACR CHANGES ELK) 121 125 124 1z5 J22 IZ4 124 OLD NEW 5/ 11 {12 / 7 13414 15 2ue1; 5444 2,3 I1,/2 'YiiCUT N2 I 71 73 75 75 xr 1444 3448 4671 5794 4493 121 /2/ /20 /24 /14 /24 /21 /26 /2/ 9 7/r/2 /0 /5 f /4 9 13/14 '79 576 /Si/6 ;11/811:1": ti/9�� 0 d/„4 FlM.rr 81 462 ecI/ 4 /.i /5 /5/3 /24 124 f17 y4Me 5 8-8 671fw/ 14 1537 I 124 8 5,,5 15 5572 06 559-121-126 80 AIL 00 SAN DIEGO COUNTY ASSESSOR'S MAP BOOR 559 PG 12 17 0.A50C 0 01 0 5T 03 ST ag 71/7/1$1 a 4a 1 18 D.88- c AC BLK. - cc 0.52 10_ 0 0 a /7 20Th /0 M1 2= / .^, 22 3 n, 2, PD 20 e 172 17 ,d /3 T) 4zz cED„ $ I Jn Ns tST. 4f aSD1, ,�•° ST CLSO 77.8 z; 22_ 21 Q 20 K1 B 10 2 3i 9(IS] 20 171 /7ap /d /3® /4 12 /3 19 CL50. 00 121 Z 0 _J J 00 EXM98IT A PARCEL 40 PARADISE CREEK PARK STREET NATIONAL CITY, CALIFORNIA �„ •1 22 ,40 zl6,- _ •1 a ID; /I® l.• // /2 _ 7 ID /6(WD - /5 CID .00 /6 is 1 ll } •'� 100 •� ST 9 2's�59- S-lCs - 20 110 q �I �... 7 - 77, 3 6 oy,.,, I�» 7J175-15- 5 — - e •:3 /0 22ND e 15 0.55 AC. 4 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. eo la //3 I Ivz0•y 22 ns - — 2 ~2/ ST 0' • 34 //s /0 ~ ° 15 „D Z1 71211115 .00 oras g ST. PAGE A-5 MAP 348 - NATIONAL CITY REFILED ROS 9928, 10642 Ina 559 - 12 01/28/2015 ACR CHANGES BLK OLD NEW YR CUT /2/ lh43 /1 JY/ xr I23 ''"..,. {z'/44e. /24 -444,1ti 5 ! /59 IIf/2 /7 71 3440 122 131/4 /S 73 447, ILL 2404 52" 75 5730 /24 2,3 II, 12775 4493 /21 9 I/'/2), /2/ /0 /3l /4 /26 9 /3!/4 7B 576 J26 /0 /55/4 /24 n. l A /7/, /24 // /9 /26 ,f.�.j I /J/0 /24. /0I_t e20 £,%,rrpl 4422 /2/ ' /5 A6 /444 126 '4'7's sson4 87 621 124 5 6-8 14 1537 124 8 ,51.1?? 15 5572 Exhibit B "Legal Description" Page 13 EXHIBIT B LEGAL DESCRIPTION PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA A portion of Blocks 84, 107, 108, 109, and 150 as shown on Map No. 348, Filed March 1852 in the Office of the County Recorder of San Diego County, more particularly described as follows: PARCEL 1 COMMENCING at a lead and tag stamped "SD CITY ENG" per Record of Survey No. 14492, filed March 31, 1994 as File No. 1994-0214720, said monument being Point 1278 on said Record of Survey and bears South 01 °54' 18" West 2750.14 feet from a 2 1/2" brass disc in a standard well monument stamped "RCE 27399" being Point 1232 per said Record of Survey No. 14492; Thence North 08°07'16" West 657.90 feet to a point in the northerly right of way line of 22nd Street and the TRUE POINT OF BEGINNING; Thence along the centerline of the closed alley in said Block 150, North 17°45'34" West 250.000 feet to a point on the southerly right of way line of 21' Street; Thence along said southerly right of way line North 72°14'26" East 86.05 feet to the beginning of a tangent curve concave southerly and having a radius of 36.00 feet; Thence leaving said right of way line, along said curve easterly 13.23 feet through a central angle of 21°03'09" to a point of reverse curvature with a curve concave northwesterly having a radius of 84.00 feet, a radial line of said curve from said point bears North 03°17'35" East; Thence along said curve northerly 194.05 feet through a central angle of 132°21'46" to a point of reverse curvature with a curve concave northeasterly having a radius of 36.00 feet, a radial line of said curve from said point bears North 50°55'49" East; Thence along said curve northerly 13.38 feet through a central angle of 21°17'22" to a point on the easterly right of way line of Harding Avenue; Thence along said easterly right of way line North 17°46'49" West 250.70 feet to a point on the centerline of 20t Street; Thence along said centerline North 72°13'55" East 143.03 feet; Thence leaving said centerline North 17°44'32" West 40.00 feet to a point on the northerly right of way line of 20th Street; Thence along said northerly right of way line North 72°1355"East 2.00 feet; Thence North 17°44'32" West 150.37 feet to the northerly line of Lot 18 of said Block 109; Thence along said northerly line and its extension North 72°15'28" East 145.02 feet to a point on the centerline of Coolidge Avenue; Thence North 72°19'21" East 7.42 feet; Thence South 72°11' 18" East 123.81 feet; Thence South 19°53'27" West 901.18 feet; Thence South 17°45'34" East 25.47 feet to the northerly right of way line of 22nd Street; Thence along said northerly right of way line South 72°39' 15" West 52.61 feet to TRUE POINT OF BEGINNING. CONTAINING: 3.04 Acres, more or less. SUBJECT TO all covenants, rights, right-of-way and easements of record. EXHIBIT "B" is attached and made a part hereto. Peter C. Golding, PLS 4768 License Expires: 3-31-20 PAGE B-1 -21- TOTAL PARCEL AREA EXHIBIT B LEGAL DESCRIPTION PARCEL AREA = 3.04 ACRES PARADISE CREEK PARK // / Is ATIONAL CIT , CALIFORNIA/ SCALE 1 "=200' 1 TH ST H—BL}S 148-1 -F1OS 9928— 11 20TH ST. HB I 'ri J J P.O.C. 21ST ST. z o c o + / FOUND LEAD & TAG STAMPED / SD CITY ENG" PT. 1278 / / PER ROS 14492. N=1,821,286.85 E=6,298, 041.27 071 / BL < -J07 FOUND 2 1/2" BRASS DISC IN WELL STAMPED "RCE 27399" PT. 1232 PER ROS 14492. N=1, 824, 035.47 E=6,298,132.69 _ K 85 NAP 348 SST THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SUR VEYOR S ACT ON NOVEMBER 16, 2018. Gam, C./,L // 27-i5 PETER C. GOLDING L.S. 4768 EXHIBIT ,J B1) BLK 88 L r C N 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.COA1 PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 1 OF 2 SHEETS PREPARED FOR: ItSjetiL �IT DATE SUBMITTED: 11-16-18 JOB NUMBER 226817-0000241.03 , N: \226817-0000241-03\CADD\SURVEY\241 _03_PLAT.DWG -22- LINE BEARING LENGTH L 1 N7274'26 E 86.05 L2 N1744:321W 40.00 L3 N7273'55"E 2.00 L4 N7279'21 "E Z42 L5 S1745'34"E 25.47 L6 S7239'15"W 52.61 TP.0.8.-4 l L6 SCALE 1 "=100' N72'15'28 "E L4 LEGAL EKjFIFTI 145.02' , ---...... 5,�. PARADI E CREEKP'ARI ,-, �,� NATIONAL ITY, CALIFOIRNIA `�8,`pF r\ 207H ST BLK 149 EICHIBIT B L - - L2 N72'13'55 "E \ 143.03' N1 T46'49 "W 250.70' PARCEL 1 NATIONAL CITY PARADISE CREEK PARK 22i'D ST. BLK 108 Curve # Delta Radius Length C1 21 '03'09" 36.00 13.23 C2 132 21 '46 " 84.00 194.05 C3 217 7 23" 36.00 13.38 N V 5 15092 AVENUE OF SCIENCE. SUI1E 200 SAN DIEGO CA 92128 P: 858.38..0500 WWW.NV5.COM PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 2 SHEETS PREPARED FOR: piteg. igITJ DATE SUBMITTED: 11-10-18 JOB NUMBER 226817-0000241.03 N:\226817-0000241-03\CADD\SURVEY\241_03_PLAT.DWG -23- Exhibit C "Plot Plan" Page 14 Li 18TH ST WILSON AVE I I I I 1 I I I 1 I I I I I I APN: 559-105-09 1 APN: 559-10� i 0 2 C K APN: 559-105-12 20TH ST --- T-T----- APN: 559-122.15 __--�. 1 I I APN: 559-122-10 I APN: 559-122-09 L I APN: 559-122-08 APN: 559-122-01 cis 1 I APN:559.122-06 I 21ST ST APN: 559.125-09 APN: 559-125-10 APN: 559-125-17 APN' 559-125.13 APN: 559-125-14 GRAPHIC SCALE APN: 559-125-16 1 EXHIBIT-C PLOT PLAN PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA L_ 19TH ST C APN: 559-104-13 EAPN:559-104-02 I � I APN: 559-101-03 1 / 1 / I / APN: 559.121.06 J APN: 559-10/-11 APN: 559-100-15 APN: 559-104-05 APN: 559.104-11 APN: 559-101-10 APN: 560-201-01 APN: 560.391415 / APN: 560-391-12 APN: 560-391-11 EXISTING/NCE I I I 22ND ST Exhibit 0 APN: 5430-205-03 APN: 560492.11 I I I I L. I I I I I I I I I I I I NATIONAL OFF COY OF NA11ONAL COY mili �v6:m �n�.ome N V 5 1.00460) PAGE C-1 -25- MAO WI 150N .111M.6 Of XOCE 919 IDO 9*9 MLA a 1213 555261100 115 6561954403 fu 9rtxMml nm 1 a 1 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE COVENANT'S CONDITIONS AND RESTRICTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE LAND USE COVENANT AND AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (CITY) AND THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (THE DEPARTMENT) FOR THE PROPERTY COMPRISING OF THE FOLLOWING ASSESSOR'S PARCEL NUMBERS: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, AND 559-125- 15, (FORMERLY THE NATIONAL CITY PUBLIC WORKS YARD PARK -SIDE) NOW PARADISE CREEK EDUCATIONAL PARK WHEREAS, on October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 which provided the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) to include walking paths, community garden, playground and other amenities on the west side of Paradise Creek between West 22nd Street and West 19th Street; and WHEREAS, the site remediation was done in conformance with the Removal Action Workplan ("RAW") approved by the Department of Toxic Substances Control (the "Department"); and WHEREAS, the approved RAW document included removal and off -site disposal of lead -impacted soil, placement of a clean layer of soil above the entirety of the proposed park, and required a Land Use Covenant to restrict specific activities pursuant to California Civil Code Section 1471 and Health and Safety Code Section 25202.5; and WHEREAS, the remediation of the site was completed in December 2019 through the excavation and off -site disposal of lead containing subsurface soil; and WHEREAS, clean imported fill soil was placed throughout the site and was used as a cover to protect future park visitors from being exposed to the remaining lead in the soil; and WHEREAS, Lead, the hazardous substance that remain at the Property (Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559- 125-15) exists 2 feet below the clean imported soil cover; and WHEREAS, as a result of the presence of the hazardous waste, which are also hazardous materials defined in Health and Safety Code section 25260, the Department has required the City to restrict the use of the property and requires the Land Use Covenant and Agreement ("Covenant") as part of the Department -approved remedy for the property; and WHEREAS, the Covenant has been reviewed and approved by the Department on August, 2020. The City and the Department agree that the use of the Property be restricted as set forth in the Covenant; and WHEREAS, the Department has concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant and Soil Management plan (such as a community park and garden with raised beads), does not present an unacceptable risk to present and future human health or safety or the environment; and Resolution No. 2020 — Page Two WHEREAS, City Staff recommends that the City Council accept and authorize the City Manager to Execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Covenant's conditions and restrictions and authorizes the City Manager to Execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. PASSED and ADOPTED this 1st day of September 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney