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HomeMy WebLinkAboutReso 2012-051 Recording requested THE ORIGINAL OF THIS DOCUMENT by: WAS RECORDED ON AUG 21, 2013 City of Chula Vista DOCUMENT NUMBER 2013-0523141 Ernest J.Dronenburg, Jr.,COUNTY RECORDER After recording return SAN DIEGO COUNTY RECORDER'S OFFICE to: TIME: 8:07 AM City Clerk's Office City of Chula Vista 776 Fourth Avenue Chula Vista CA 91910 Attn: Liz Briggs This state or Recorder's use only Resolution No. 2012-051 Document Title RESOLUTION NO. 2012-051 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 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 ] 5, 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 WHEREAS, on November 13, 1984, Council approved Resolution No. 11824, which approved the Bonita Road/Plaza Bonita Road Reorganization; and Resolution No. 2012-051 Page 2 and WHEREAS, with the reorganization, the City obtained the aforementioned easements; WHEREAS, Chapter 4, Section 8333(a) of the California Streets and Highways Code states that the legislative body of a local agency may summazily 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 yeazs preceding the proposed vacation; and WHEREAS, the aforementioned easements have not been used for their intended purpose for five consecutive yeazs preceding this vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That, after considering the evidence submitted, it finds that the vazious 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 summazy vacation of the vazious 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, to 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 I'Ialbert~ P!E ~ AICP ' Assistant Ci Manager/Director of Development Services Approved as to form by Glen . Googins , 'ty Att rney Resolution No. 2012-051 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of March 2012 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Aguilar C/" ~~~ Cheryl Coy M or ATTEST: /VO~rA Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-051 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of March 2012. Executed this 27th day of March 2012. 0 0 Donna R. Norris, MC, City Clerk Exhibit "A,> Resolution No. 2012-051 Page 4 LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF QUARTER SECTION 98 OF RANCHO DE LA NACION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF LOT 7 OF L.W. KIMBALL'S SUBDIVISION OF SAID QUARTER SECTION 98, ACCORDING TO MAP THEREOF NO. 63 FILED IN THE OFFICE OF SAID RECORDER, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID QUARTER SECTION 98 WITH THE NORTHERLY LINE OF LAND DESCRIBED IN PARCEL 1 OF DEED TO ROBERT C. BRADLEY, ET UX, RECORDED OCTOBER 13, 1972, AT FILE/PAGE NO. 276020 IN SAID RECORDER'S OFFICE; THENCE ALONG THE NORTHERLY LIlVE OF SAID BRADLEY'S LAND, SOUTH 85°26'55" EAST, 79.31 FEET TO A POINT ON A LINE THAT IS 20.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE DESCRIBED IN PARCEL NO. 83-0001-A IN DEED, RECORDED MARCH 23, 1983, AS FILE/PAGE NO. 83-091917 IN SAID RECORDER'S OFFICE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, NORTH 19°53'24" EAST, 97.02 FEET TO THE SOUTHWESTERLY SIDELINE OF PLAZA BONITA ROAD (94.00 FEET WIDE) AS SHOWN ON ROAD SURVEY NO. 2245 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER; THENCE ALONG SAID SOUTHWESTERLY SIDELINE OF PLAZA BONITA ROAD, SOUTH 70°06'36" EAST (SOUTH 70°33'17" EAST RECORD), 317.63 FEET TO A 303.00 FOOT RADNS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°54'45", A DISTANCE OF 242.80 FEET TO A 35.00 FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 123°19'16", A DISTANCE OF 75.33 FEET; THENCE SOUTH 09°07'25" WEST (SOUTH 08°40'44" WEST RECORD), 2.00 FEET TO THE NORTHERLY SIDELINE OF BONTTA ROAD AS SHOWN ON ROAD SURVEY NO. 1299-2 ON FII.E IN THE OFFICE OF THE COUNTY ENGINEER; THENCE ALONG SAID NORTHERLY SIDELINE OF BONITA ROAD NORTH 80°52'35" WEST, 130.90 FEET; THENCE NORTH 81°18'53" WEST, 131.94 FEET TO THE MOST SOUTHERLY POINT OF THAT PARCEL OF LAND DESCRIBED IN PARCEL 8 OF DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 21, 1972 AS FII.E/PAGE NO. 72-252356 IN THE OFFICE OF SAID COUN'T'Y RECORDER; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN PARCEL 8, NORTH 40°35'43" EAST, 56.22 FEET TO ANON-TANGENT 120.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 84°09'01" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°55'06", A DISTANCE OF 188.33 FEET; THENCE NORTH 84°04'07" WEST, 106.44 FEET; THENCE NORTH 85°26'55" WEST, 31.35 FEET TO THE TRUE POINT OF BEGINNING. APN: 570-170-53 END OF LEGAL DESCRIPTION Resolution No. 2012-051 Page 5 EXHIBIT "B" ~~0 u~ _. ~/ ~~~ .\ I SCALE: 1" = 100' EASEMENT NOTES: SEE SHEET 2 \A~ \ ~ ~ B ~il,~Tq R~q o ~I \ \~ ~ ~ (~O~ ~~ ~ ~ °o I ~ C,O , ~ ~P P ^ C ~ G~ J~5 ~ / ~ ~ ~ N ~ ~ ~ s~ ~ ~ ~ ~ '9 / ~ ~ B 0 ~ P p Off/ ~ ~ \ _ 4 \ I S~4 CO C 98 NW QUARTER e~'~jIq Rogo C \ a 0 a 3 ENGINEER EASEMENT QUITCLAIM PLAT PROJECT: BONITA GATEWAY K&S ENGINEERING, INC. T0: BONITA LLC. SCALE: 1" = 100' DATE: 11/14/2011 FROM: CITY OF CHULA VISTA SHEET 1 OF 2 Resolution No. 2012-051 Page 6 EXHIBIT "B" REFERENCED FROM CHICAGO TITLE COMPANY FIRST AMENDED PRELIMINARY REPORT DATED JANUARY 6, 2011, ORDER NO. 93002D835-U50. EASEMENT NOTES: ITEM#14 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO COUNTY OF SAN DIEGO FOR DRAINAGE CHANNEL INCLUDING PIPE LINES, MANHOLES AND ALL STRUCTURES RECORDED SEPTEMBER 11, 1956 IN BOOK 6250, PAGE 463 OF OFFICIAL RECORDS. n ITEM#15 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT I~ GRANTED TO STATE OF CALIFORNIA FOR HIGHWAY SLOPE PURPOSES RECORDED JULY 15, 1969 AS INSTRUMENT N0. 127001 OF OFFICIAL RECORDS. © ITEM#18 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO STATE OF CALIFORNIA FOR SLOPE PURPOSES. RECORDED SEPTEMBER 21, 1972 AS INSTRUMENT NO. 252356 OF OFFICIAL RECORDS. NON PLOTTABLE EASEMENT ITEM#13 THE PRIVILEGE AND RIGHT TO 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 TO THE PEOPLE OF THE STATE OF CALIFORNIA FOR POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES RECORDED AUGUST 31, 1971 AS INSTRUMENT N0. 197038 OF OFFICIAL RECORDS. ITEM#20 AN EASEMENT AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT HIGHWAY SLOPES PURPOSES RECORDED OCTOBER 13, 1972 AS INSTRUMENT N0. 72-276020 OF OFFICIAL RECORDS. NO MEETS AND BOUNDS ARE PROVIDED IN SAID DOCUMENT. ITEM#21 THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO 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 NO. 276020 OF OFFICIAL RECORDS. AFFECTS FREEWAY ADJACENT THERETO. EASEMENT QUITCLAIM PLAT PROJECT: BONITA GATEWAY 9 3 K&S ENGINEERING, INC. T0: BONITA LLC. DATE: 11/14/2011 FROM: CITY OF CHULA V15TA