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HomeMy WebLinkAbout2012/03/27 Item 05CITY COUNCIL AGENDA STATEMENT \(I~ CITY OF '='~" CHULAVISTA 3/27/12, ItemrJ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF CERTAIN DRAINAGE, ACCESS, UTILITY AND SLOPE EASEMENTS ADJACENT TO BONITA ROAD SUBMITTED BY: DIRECTOR OF DEVELOPMENT SERVICE ~ SISTANT CITY MANAGER REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO SUMMARY The subject drainage easements granted to the County of San Diego and slope, access and utility easements granted to the State of California were obtained by the City of Chula Vista with the annexation of the property at the northwest corner of the intersection of Bonita Road and Plaza Bonita Road. The easements are no longer used for their intended uses and therefore are proposed for vacation. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed actions for compliance with the California Environmental Quality Act (CEQA) and has determined that these actions consisting of the vacation of easements no longer used for the purpose for which these were dedicated or acquired as stipulated by State law, qualify for a Class 5 categorical exemption pursuant to Section 15305 (a) [Minor Alterations in Land Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION 5-1 Item No.: Meeting Date: 3-27-12 Page 2 of 3 In order to begin construction of the Interstate 805, the State of California obtained right of way from the County of San Diego at what was then the northern border of the City of Chula Vista adjacent to Bonita Mesa Road. After completion of Interstate 805 by the State of California, the Highway Commission determined that it was in the public's best interest to relinquish the rights of Pazcel 5 of State Highway Map No. 156 to the County of San Diego. The relinquishment was completed on August 20, 1975 with the recordation of Document No. 75-237589. On November 13, 1984, Council approved Resolution No. 1-1824, which approved the Bonita Road/Plaza Bonita Road Reorganization. The Reorganization included the annexation of approximately 3.5 acres of unincorporated land from the County of San Diego. With the Annexation, the City of Chula Vista, assumed the benefit of the drainage, utility, access and slope easements as shown in Exhibit A. With the development of the Bonita Gateway project at the northwest corner of Bonita Road and Plaza Bonita Road, the Developer has requested that the various easements be abandoned per the California Streets and Highways Code. Drainage Easements City Staff has determined that the drainage easements are no longer required because there are no existing or proposed public drainage facilities located on the property. The Bonita Gateway project has proposed a privately maintained drainage system that will convey runoff from their site to the Sweetwater Channel and no future public drainage systems are needed to drain the site. Slone Easements The slope easements located on the Bonita Gateway site allowed for the construction of Interstate 805 and Plaza Bonita Road. The slope easements are no longer needed because of the completed construction of Interstate 805 and the realignment of Plaza Bonita Road and the easements can be vacated. Utility Easement The utility easement allows for the placement, erecting and maintenance of any poles on the property. Currently there are two power poles located on the property that are owned and maintained by San Diego Gas and Electric. San Diego Gas and Electric has ownership of an easement for the maintenance of these power poles and require no other access. There are no future plans to erect any new poles and therefore the utility easement is no longer required. Access Easement 5-2 Item No.: Meeting Date: 3-27-12 Page 3 of 3 Instrument No. 276020 prohibited access to Interstate 805 from the adjacent property. Since inception of the easement, the lot has been subdivided and the Bonita Gateway site no longer is adjacent to Interstate 805. Therefore, the easement no longer serves its intended use and can be vacated. Part 3 (commencing with Section 8300) of Division 9 of the California Streets and Highways Code ("Public Streets, Highways, and Service Easements Vacation Law"), at Chapter 4, provides the authority and procedures for the summary vacation of public service easements. Section 8333(a) of the Public Streets, Highways, and Service Easements Vacation Law specifically allows for summary vacation proceedings when an easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years. Accordingly, the City Council may vacate the easements by adoption of a resolution stating all of the following: 1. That the vacation is made under Chapter 4 of the Public Streets, Highways, and Service Easements Vacation Law; 2. The name or designation of the easement and a precise description of the portion vacated (see Attachment A describing the easements); 3. The facts under which the vacation is made, and; 4. That from and after the date the resolution is recorded, the easements vacated no longer constitutes an open space, street, highway, or public service easement. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. CURRENT YEAR FISCAL IMPACT None to the City. Developer is responsible for all costs associated with the summary vacation of the easements. ONGOING FISCAL IMPACT None to the City. ATTACHMENTS 1. Plat of the proposed easements to be vacated. 2. Document No. 75-237589 3. Developer's Disclosure Statement Prepared by: Chester Bautista, Associate Civi! Engineer, Development Services Department 5-3 I Attachment 1 990 ~~ 999 J £~ SCALE: 1" = 100' ~I ~ EASEMENT NOTES: s \ SEE SHEET 2 ~ ~ B ~~ ~ ~~O fI ~~ 3 ~ \~ m I ~ G O ~ ~, ~l ~ v . ~ 900~~? \ o o P ~ rrJ ~ oo ~~~. P ~ \ a qqpp 3 I ~ ~7 Ll \ ^^^^ N nnLnnJnn ~ 'S~ ~7n vv ~ ~ 1~ ~ ~ 0 Z ~ /~~~7 P \I P - O~~ SW COR OF NW QUARTER 1/4 SEC 98 ~ ~ C ~ I IY/ r NiTq R~q\ T~ ENGINEER SEMENT QUITCLAIM PLAT PROJECT: dDNIIA GAItWAY EA K&S ENGINEERING, INC. TD: BONITA LLC. SCALE: 1 " = 100' DATE: 11 /14/2011 FROM: CITY OF CHULA NSTA SHEET 1 OF 2 5-4 Attachment 1 REFERENCED FROM CHICAGO TITLE COMPANY FIRST AMENDED PRELIMINARY REPORT DATED JANUARY 6, 2011, ORDER NO. 930020835-U50. EASEMENT NOTES: ITEM#14 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FURTH IN A DOCUMENT GRANTED TU COUNTY OF SAN DIEGO FUR DRAINAGE CHANNEL INCLUDING PIPE LINES, lAANHOLES AND ALL STRUCTURES RECURRED SEPTEMBER 11, 1956 IN BOOK 6250, PAGE 463 OF UFFICIAL RECURDS. © ITEM~15 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMEN7 GRANTED TD STATE OF CALIFORNIA FOR HIGHWAY SLOPE PURPOSES RECORDED JULY 15, 1969 AS INSTRUMENT ND. 127001 DF OFFICIAL RECURDS. © ITEMp18 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FURTH IN A DOCUMENT GRANTED TO STATE OF CALIFORNIA FOR SLOPE PURPOSES RECORDED SEPTEMBER 21, 1972 AS INSTRUMENT N0. 252356 OF UFFICIAL RECORDS. NON PLOTTABLE EASEMENT ITEM#13 THE PRMLEGE AND RIGHT TU EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF BONITA ROAD N0. 7, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID BONITA ROAD, AS CONTAINED IN THE DEED RECORDED JULY 7, 1955 IN BOOK 5707, PAGE 98 OF OFFICIAL RECORDS. ITEM~17 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TU THE PEOPLE OF THE STATE DF CALIFORNIA FOR POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES RECORDED AUGUST 31, 1977 AS INSTRUMENT NU. 197D38 OF UFFICIAL RECORDS. ITEM~/20 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH tN A DOCUMENT HIGHWAY SLOPES PURPOSES RECORDED OCTOBER 13, 1972 AS INSTRUMENT NU. 72-276020 OF OFFICIAL RECORDS. NO MEETS AND BUUNDS ARE PROVIDED IN SAID DOCUMENT. ITEM#21 THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NDT INCLUDE RIGHTS OF ACCESS TU OR FROM THE STREET, HIGHWAY, OR FREEWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED OCTOBER 13, 1972 AS INSTRUMENT N0. 27602D OF OFFICIAL RECORDS. AFFECTS FREEWAY ADJACENT THERETO. EASEMENT QUITCLAIM PLAT K&S ENGINEERING, INC. TO: BONITA LLC. DATE: 11/14/2U11 FROM: CITY OF CHULA VISTA 5-5 RECORDING REQUESTED BY Department of Transportation District 11 When recorded, mail to P. O. Box 81406 San Diego, CA. 92238 ~~fi~• c/'lf/O~~r~ ch~rne«-~ ~ ~~ r+}~ 23'7589 iozs x'laup~~ ~r~r STATE Of CAL(f0?ilih iSfi ~ {2 SO ~''~ .+?fyiiai ,. E ~; ~6.i3 ;LM sILS0lC6 Uti i Y,CAIfi. Na#LEYF.9~06q RECARvER _ ~-- ~~~_ RCOt1NTY O~AAtT DIEGOG$R~OADRll~-SD 805-5.~0~ REQUEST NO. 24013 1~REAS, by freeway agreement dated July I, 1968, and by supplemental freeway agreement dated January 2, 1969, between the County of San Diego and the State of California, the County agreed to accept title to frontage roads, relocated and reconstructed county roads and other local roads, upor. zelinquishment t3~ereof to said County by the State of California; and c~REAS, the State of California has acquired right of way for and has constructed the above-mentioned collateral facilities in the County of San Diego, between the north city limit of Chula vista ("H" Street) and Bonita Mesa Road, road 11-SD-805, in accordance with said agreements; and FIfi6REAS, this Commission has found and determined, and Boas hereby find and determine, that it is desirable anc is the public interest that said collateral facilities be relinquished to the County of San Diego for use as county highways; BON, THEREFORE, IT IS VOTED by the California Sighwy Commission that it zalinquish, and it does hereby relinquish, to the County of San Diego, effective upon the '~ ~ISSIO.i IO)P IT9. Pansd by C.N.G. 'R 2232 AU620t975 V V7 N W 5-6 ~ v 1021; recordation of a certified copy hereof with the Recorder of San Diego County, all of the State of California's right, title and interest in and to said collateral facilities in said County, together with the right of way and appurtenances thereof, described as fc+llowa: All those portions of State Highway Right of Way, collateral facilities, in the County of San Diego delineated as Parcels 1 through 5 on those certain relinquishment maps filed for zecosd as Sta+:e Highway Map No. 156, sheets 1 through 6 inclusive, on August 6, 1975, file no. 75-207554, in the Office of the Recorder of San Diego County. EXCEPTING AND RESEF:VING unto the State of California any and all rights of ingress to or egress from the highway right of way hereby relinquished, in and to the adjoining freeway, except at such points as now era or may be estab- liahed by resolution of this Commission. THIS IS i0 CERTIFY Thal the (ongoing is a lull and coital copy of the original resolution duly passed by the CalHomia Highway Comadssian al ifs meeling regularly called and fwW on the---zoth.._.day of ._..Augus.t. .._.... , 15...z5. in the City ot..._._ Sncrpmxnto........._..-_........ Dated fihis..?~?a. ay of. ......(yoga _ _--19-..7-5~ NAROLO A. rncxAan ASe15TANT SKRETARY O! THE CALIFORNIA MIGNWAY.~OMMISSION V Cn N W ~ // 5-7 `° LITgGy,vk c.vT~ l~tlf/ 2 ~JL u Pursuant tc C'ity C'cntncil Policy ICI-OJ, prior to any action nn a matter that requires discretl,onary ;+c[ion by the City Council, Planning 4'ommission tar other tat~iciuF fen[stative 6udy of thv ('iiy, a tatement cal` clis~iasure af' certain ownerships, linaneial interests, payments, and carnpaigr: ctsntrihutu)ns trust he. filed.']~hc foll,zawing infetrrn.itiUn must he disclosed (. List the rarrtes ut tii[ pet:unts ha4ritg a tinancial interest to ttie project that is the subject of the applieatian, project or ccantract tr.g., owner, applicant, cgntractrx, sub~pntrac_[or, material supplier}. OWNER :JOSE <INTC)N1C) GONLALEl 1. BGivf"7`:1 (C;V1 LLC LETICIA A . 1:)E UC)NZ.ALE'L 2. tf any persan~ ideneitied in section f, ahcwe-is a ~orporruionor pru-tnershtp„ltst t9zrnatnus'of ull individtuds with an investment of $2000 or rnarc in tart. businex: (eorporaCronipartnership) entity. NC7ti} 3 If .tny persona' identifiex] in section t, alxn-e. zs ~t non°"Fifcziti ci>gt~ntzauun iirirusi,"nsti jn names. of any peno7a whoa is ttte diractiar of the non-profii' ortiamzatitm nt the trante•4 raF the n-ustee, benet'ici;try ;nnd trusmr c+f tha trasu. N(]NY: 4. Plear,eixlencify ever}':person, ineludingtmy ugentsrtrtipFaycea, cunsultstnts or indelxirr~erit contraiKOrs, u~hotu you; have autlori~ed ict t-epn:,cnt you hcforti eht E.ity in tti~ matter: .~ 5-8 ~~t~y `,~`„' t FitiLll~tS11 piselFt~~ure State[nent -Page 2 ~_ Has auy l~tetson* identified in 1„ 2„ 3., or ~., above, t?r otherwise us,octarc-x1 with this cantracY; pt»~ect orappliciipan, bad atn fina~ueia! tleaJtJi~a smith an atfiuial`" ~f the t'ity ~i` Chul,~ Vrtitx nsrt radatcs to this etrtttTaet, prajeri, ctr ttpi}iicniic3n wiThin the past 1 ~ mt~nths? Yes____ \a__X_ If Yes.; brieflp iieuctihe flre nature ofl~he financial interest the atficial"•" may !rave ut this contraci_ 6. Has any Iserson'` anyanz iclentitied in l.. 2., 3., ix 4., ahtrti~;; or othcrceise asaciateci :vith thi> contract, tarojert or applicatiFiit, mad< a cttrrtp~aign cartrihutiuri of mare than $"15{3 within die [.twist tweht: t 127 months to a currant mernF>er aftla~. {°htula ~iiaa City {'ouatnii`? Ncr_X_ Ye;_ [f }~s, whrrh t'auncil meur'scr? ?_ F1:RS any person* identified in l., 2., 3., ar 4., above, Far ntherwnc assae~iaFeii with thin. contract. project or appliu.atii?n, pret~=ideiJ mare than ~4'?(3 t<ir an iiem itf egviti~ait'nt vFtluet tF.t an othaiala`" of the City oP Chula Visa in thz past twelvm (l~j rnonttrs? (fhi> includzs any payment that confers a personal heneficon the re~tpient, a r'ehate nx'i}lsatunttrt-tha price ofunything ctf s~talue, mtlniy d> trfira a ]a~~al daEtt; ,~,iFt.loari, ~i~:X Yes-__ ........--- wa----Y'..... tf t'es, which ttfftua~l°'" and what was [hc ntTturs uI rECni praridail`l 7. tl:a+ any parsan* identified in 1., ~.;;r , ar ~7 , abavn. or otherwise assnciatud with this ~ c`nntraet, prajo~c~t Far appliuatietn; Etaen a xource al in4`F»nc rzl' $~(IE~ of .t 5-9 ita d`~:'x to+. ... P ~l A t IY!..I~ I u t ~~a'ft, 4~.. i .. _. i ti .. . r , i_~ i ... 1 .9 F 5-10 `~~ ['ersim i; di°iine;d as ar,} in6ividua(. firm, ca-pynncrship,;jtrhtt ventu~.e, xsoci;~tion, sc,~cia3 elUta, Maternal <xganiuttioti, cor{tora~on, estate, tntst. rci;eicet. syndicate, an}~ other amney, cite, muaicipxli[~y; district, c' otbGr pc~7itical subdtvi,i~iti, or arty oihes pirntip or cotnbinaCt<in t~tctin~ as a unit. "* t )fficial includes; but is nt~t dipniteti t~: Mayor, (~€~ztncil rnetfifbcr, Plantil"ng Cttdnmissini~et~,-Vlcmtx.r <~,l` a bcrtrd: uomnnssiatt, qr cpmmittes of uhe City. and City etnp'Ii>yee+qr staff mernh~rs. x~,ti T`hi.~, [ iccktsure tir.3tement rnusthe cgmpleted at Ilse fin~tc the project a.pp(icatioii, tar cartCtsct, is submitted to C'ity° stuff fnr proccssi~tg, and updated within tine week pr4a~r to 4ansidecati~n b} l,lje lertslattue bculy. I. n.[ IJ~+Jaicd~ ScptemLer ~. 2fX)9 a .~ 5-11 RESOLUTION NO.2012- RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF CERTAIN DRAINAGE, ACCESS, UTILITY AND SLOPE EASEMENTS ADJACENT TO BONITA ROAD WHEREAS, Bonita Gateway, LLC has requested the vacation of certain easements located on the Bonita Gateway Project Site as described on Exhibit "A"(Property); and WHEREAS, an Easement for Drainage Channel was granted to the County of San Diego per document recorded September 11, 1956, in Book No. 6250, Page 463 of Official Records; and WHEREAS, an Easement for Drainage Structures and Excavation and Embankment Slope purposes was granted to the County of San Diego as contained in the deed recorded July 7, 1955 in Book No. 5707, Page 98 of Official Records; and WHEREAS, a reservation of Easement for Abutter's Rights was granted to the State of California per the document recorded October 13, 1972 as instrument 276020 of Official Records; and WHEREAS, an Easement for Poles and/or Steel Towers and Wires and/or Cables was granted to the People of the State of California per document recorded August 31, 1971, as Instrument No. 197038 of Official Records; and WHEREAS, an Easement for Highway Slope Purposes was granted to the State of California per document recorded July 15, 1969, as Instrument No. 127001 of Official Records; and WHEREAS, an Easement for Slope Purposes was granted to the State of California per document recorded September 21, 1972, as Instrument No. 252356 of Official Records; and WHEREAS, an Easement for Highway Slope Purposes was granted to the State of California per document recorded October 13, 1972, as Instrument No. 72-276020 of Official Records; and WHEREAS, subsequent to the completion of Interstate 805, the Highway Commission determined that it was in the public's best interest to relinquish the rights of Parcel 5 of State Highway Map No. 156 to the County of San Diego. The relinquishment was completed on August 20, 1975 with the recordation of Document No. 75-237589; and 5-12 Resolution No. Page 2 WHEREAS, on November 13, 1984, Council approved Resolution No. 11824, which approved the Bonita Road/Plaza Bonita Road Reorganization; and WHEREAS, with the reorganization, the City obtained the aforementioned easements; and WHEREAS, Chapter 4, Section 8333(a) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years preceding the proposed vacation; and WHEREAS, the aforementioned easements have not been used for their intended purpose for five consecutive years preceding this vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: That, after considering the evidence submitted, it finds that the various easements located within the Property site have not been used for their intended purpose for the past five years and that there are no in-place public utility facilities that are in use and would be affected by the vacation. 2. That, pursuant to Part 3, Chapter 4, section 8333(a) of the California Streets and Highways Code, entitled "Summary Vacation," it orders the summary vacation of the various easements located within the Property, described and depicted in the attached Exhibit "B". 3. That it directs the City Clerk to cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal, Yo be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder. Upon such recordation, the easements vacated shall no longer constitute public service easements and such vacations shall be complete. Presented by Gary Halbert, AICP, PE Assistant City Manager/ Development Services Director 5-13 Resolution No. Page 3 Exhibit "A" Legal Description THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 64, OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11 1869. 5-14