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HomeMy WebLinkAbout2013/05/21 Item 04CITY COUNCIL AGENDA STATEMENT '6n,i a.. ,~ ~ ~`~,~ CITY OF ~~'` CHUTA VISTA May 21, 2013, Item ITEM TITLE: SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A REAL PROPERTY EXCHANGE TO CORRECT A RECORDING ERROR RELATED TO CITY OPEN SPACE BOUNDARIES (LOT A, MAP 15479) DIRECTOR OF DEVELOPMENT SERVICES/ ASSISTANT CITY MANAGER CITY MANAGE ASSISTANT CITY ANAGER 4/STHS VOTE: YES ^ NO X SUMMARY A minor property exchange is needed to adjust an existing accepted open space lot located on the east side of Eastlake Parkway south of Birch Road. The property exchange will correct a discrepancy in the legal description of the boundary of the open space lot that occurred when the open space lot was accepted in 2011 as described in the original map recorded in 2006 instead of as described in a lot line adjustment and certificate of compliance for the lot that were recorded in 2007. The current APN of Lot A is 643-770-19-00. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed actions for compliance with the California Environmental Quality Act (CEQA) and has determined that these actions consisting of a minor lot line adjustment between two adjacent pazcels and which will not result in the creation of any new parcel, 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 required. RECOMMENDATION That City Council adopt the Resolution to: 1. Accept the grant deed from Windingwalk Marketplace, LLC (Exhibit 1), 2. Authorize the City Manager to execute the grant deed to Windingwalk Marketplace, LLC (Exhibit 2), and 3. Authorize the City Clerk to accept and record both grant deeds. BOARDS/COMMISSION RECOMMENDATION Not Applicable 4-1 5-21-13, Item ~A -~- Page 2 of 2 DISCUSSION On November 14, 2006, City Council approved Final Map No. 15479 for Otay Ranch Village 11 Neighborhoods MU-1 and R-19. Map 15479 made an irrevocable offer to dedicate three lots (A, B and C) along the east side of Eastlake Pazkway between Birch Road and Crossroads Street for open space and other public purposes. Map 15479 was recorded on November 22, 2006. In 2007, a lot line adjustment (LLA) was done between said Lot A and the adjacent commercial lot (Lot 3), which is currently the site of the shopping center "The Marketplace at Windingwalk". The LLA adjusted the location of the boundary line between Lot A and Lot 3 along the northerly 106' of these lots. The certificate of compliance for each lot was recorded on October 1, 2007. On February l6, 2011, the City accepted the original irrevocable offer of dedication (IOD) for lots A, B and C of Map 15479 to be able to maintain said lots. However, acceptance of the lot A should have been pursuant to the legal description of the lot created by the lot line adjustment. To resolve this discrepancy and align the boundary of the accepted Open Space Lot A with the current boundary of Lot A, a property exchange is proposed between the City and the adjacent property owner Windingwalk Mazketplace, LLC (Windingwalk). This property exchange will be accomplished by recording two grant deeds, one from Windingwalk to the City (Exhibit I) and one from the City to Windingwalk (Exhibit 2). The area of the property exchange is illustrated in Exhibit 3. DECISION MAKER CONFLICT No Property within 500 feet Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT FISCAL YEAR IMPACT No fiscal impact. Staff costs to process this Council item and the grant deeds will be paid by the developer's deposit account DE1875. ONGOING FISCAL IMPACT No fiscal impact. ATTACHMENTS: Exhibit 1 -Grant deed from Windingwalk to the City Exhibit 2 -Grant deed from the City to Windingwalk Exhibit 3 - Plat of the area of the property exchange Prepared by: Susan Mihalka, Engineering Technician II, Development Services Department for Tom Adler, Principle Civil Engineer, Development Services Department, Fzle: 0600-8o-oR63oF H:\DSD\Agendas and Resos, most up to date version\2013\5-21-2013\Property Exchange - SM-TA\Property Exchange to Correct the Boundaries of Open Space Lot -Rev 051513.doc 4-2 (~a~ ~.l ~ 2013 , `Z~em ~f Exh',1o~~ 1 RECORDLNG REQUESTED BY AND WHEN RECORDED RETURN TO: City of Chula Vista P.O. Sox 1087 Chula Vista, CA 91912 Attention: City Clerk MAIL TAX STATEMENTS TO: City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Attention: City Clerk (Space Above Lme Lor BecorQefs Use VNy) No transfer tax due pursuant to Section 11922 of the California Revenue and Taxation Code. GRANT DEED FOR VALUE RECEIVED, WINDINGWALK MARKETPLACE, LLC, a Delaware limited liability company ("Grantor"), grants to CITY OF CIIULA VISTA for open space and other public purposes all that certain real property located in the City of Chula. Vista County of San Diego, State of California, described on Exhibit A attached to this Grant Deed and by this reference incorporated herein and as more particularly shown on a map designated as Exhibit B attached hereto and by reference incorporated herein. This conveyance is subject to all matters appearing of reeoxd. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of "! ~~ L, 2013. GRANTOR: WINDINGWALK MARKETPLACE, LLC, a Delaware limited liability company By: 1 4-3 Shea Properties Management Company, Inc., a Delaware corporation, its manager ~. 1. 1 ` ni'9n••..... State of California County of C7 C` [~i`~C} 'L~ On Sti1 (},y 1 ~ C, \ ~; before me, notary public, personally appeazed ' . 1T , ut ~vho proved to me on the basis of satisfactory evidence to be the pens n whose named`;;/tee subscribed to the within instrument and acknowledged to me t),iat he slag executed the same in i'i'/hr`t authorized capacity~s), and that by iisY,+hr<dtheir signature on the instrument the person, or the entity upon behalf of which the person, acted, executed the instrument. I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ZZ_~_(k(`~~ Q (Seal) - -~ L. RIDOLE Commission # 1902094 z z d Rotary Public . Calitarnia Drange County -M'(.-Comm. E: ues Au 30i 2Dt41 State of California County of ,~_C < ~~ On h~C>`~.t~t ~ ~^ t before me, notazy public, personally appeared ~i\iQ ~jt+v who proved to me on the basis of satisfactory evidence to be the perso whose name is~gsubscribed to, ~e wit m instrument and acknowledged to me th e h (f,~eyexecuted the same in Jaf'sG~e~'tr auth rized capacity~s), and that by ~ er 'r sig ,ature(~ on the instrument the person~~, or the entity upon behalf of which the person 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. Signature ;~ %\~-~ ~`_~J (Seal) ---, N-1 t. RIDDLE v Commission # 1902094 a Notary Public -California i Orange County s M Comm. Ex Ires Au 30,201q l 4-4 LEGAL DE$CRIPTI®IV THOSE PORTIONS OF LOT 3 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS MU-1 AND R-19, IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15479 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 22, 2006 LYING WITHIN PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 1, 2007 AS DOCUMENT NO. 2007-0638327, SAID PORTIONS OF LOT 3 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THOSE PORTIONS OF SAID LOT 3 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT AN ANGLE POINT IN THE NORTHERLY LINE OF LOT "A" OF SAID MAP NO. 15479. SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AND DESCRIBED ON SAID MAP NO. 15479 AND SAID CERTIFICATE OF COMPLIANCE AS "N78°55'00"E 33.81'"; THENCE ALONG NORTHEASTERLY BOUNDARY OF SAID MAP NO. 15479 AND SAID CERTIFICATE OF COMPLIANCE, NORTH 78°55'00" EAST, 36.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE, SOUTH 11°05'00" EAST, 15.23 FEET; THENCE SOUTH 78°55'00" WEST, 2158 FEET; THENCE SOUTH 11°05'OD" EAST, 38.63 FEET; THENCE SOUTH 12°44'00" EAST, 33.33 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'43'00" A DISTANCE OF 6.49 FEET; THENCE SOUTH 16°27'00" EAST, 12.55 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT "A" AND THE POINT OF TERMINUS. ~ 4AND a5~ 5 6. y`~3D Zor..s' ti~~~~~ ~ o DOUGLAS B. S OUP P.L.S. 8553 ~ t s. ess3 HUNSAKER & ASSOCIATES SAN DIEGO, lNC. ~, :DS Ma24451DZA~t.egal.DescriptionW04 WindinSWalk Marketplzce to CV.decx VJO 2445-02A 4(30/13 4-5 LEGEND: EXHIBIT 1t~1i -- INDICATES EXISTING LOT LINE PER CERTIFICATES OF COMPLIANCE RECORDED OCTOBER 1, 2007 AS DOCUMENT NO.'S 2007-0638326 AND 2007-0638327. - - -INDICATES LOT UNE PER MAP ND. T5479 0 20 4D 60 ® INDICATES AREA BEING DEEDED TO CITY OF CHULA VISTA AREA = 305 SO. FT. SCALE 7 "= 20' P D, C INDICATES POTNT OF COMMENCEMENT T.P. D.B. INDICATES TRUE PDINT OF BEGINNING BIRCH ROAD P.O.T. INDICATES POINT OF TERMINUS (DEDICATED PER MAP N0. 1478p) T.P, 0. B. 0 P.O.C. N~ N7835'00" ~ n ~~" 21.58' ~ 2 ~~~ ~~ ,,~ ~`~' PARCEL PARCEL ~o "A" ~ o ° "B" o CERT/F/GATE DF Q ~ ~" COMPLIANCE 0o CERTIFICATE OF ~2 2007-0638326 ro COMPLIANCE ~ ~ ~ 2007-0638327 a ~ L~ f ~ 1.y ~~ 1 z~ ,~, ~~~ w Q ~ ~ ~,~ ~~o ~ ~~~~rr1 ~f~19 J,,1~~ ~ ~N ~~ woZ ~~~f ,Y ~ ~~~~~. ~ ~ ~l ~F~ !l U 4=03'43'00" ~~ ~(,~~~~ ~ L=6 430 I N 16'27 00'W 12.55' I P'D'T. Nl )"05'00"W 8.06' LAND O S c~~0 HUNSAKER &ASSOCIATES ~ ~ zOi~, 1 n"N e l[ c q ~ x c __ _ __ _ __ ___ nwwrc sum wr+a sx~e[ D UGCAS ST OU .S. 8553 amt+vxiNC sm okyaa rrsl EXP. 12 31/14 wxvmnc PnfesBZ+aasoo~rxluelsssuu R: 0669,&Map~EX CfA Correcting Dead- Windingwafk fo CKDWG(~pr-30-201343:32 W.O. 2449-02A L5. 8553 OF 4-6 Mai 2~ , 201 s , z+~w, y- Exh;b~-~ 2 RECORDING REQUESTED BY AND WREN RECORDED RETURN TO: ~Vindingwalk Marketplace LLC 130 Vantis, Suite 200 Aliso Viejo, California 92656 Attention: General Counsel MAIL TAX STATEMENTS TO: Windingwallc Marketplace LLC 130 Vantis, Suite Z00 Aliso Viejo, California 92656 Attention: Lori Klasner (Sp2ee Above LIDe to[ Reaorne['s Use UNy} No transfer tax due pursuant to Section 11922 of the California Revenue and Taxation Code. GRANT DEED FOR VALiJE RECEIVED, CITY OF CIIUI~A VISTA ("Grantor"), grants to WINDINGWALK MARKETPLACE, LLC, a Delaware limited liability company, ail that certain real property located in the City of Chula Vista, County of San Diego, State of California, described on Exhibit A attached to this Grant Deed and b}~ this reference incorporated herein and as more particularly shown on a map designated as Exhibit B attached hereto and by reference incorporated herein. This conveyance is subject to all matters appearhig of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of , 2013. GRANTOR: CITY OF CHULA VISTA By:_ Name: By: Naz 1 4-7 State of California County of Ou before me, notary public, 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 persons}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California County of On before me, notary public, 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 sanie in his/herltheir 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. Signature (Seal) N-1 4-8 ~y ~e~OT LLA97 LEGA //Lllf31ESCRIMP'L10N THOSE PORTIONS OF LOT "A" OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS MU-1 AND R-19, IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15479 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 22, 2006 LYING WITHIN PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 1, 2007 AS DOCUMENT NO. 2007-0638326, SAID PORTIONS OF LOT "A" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THOSE PORTIONS OF SAID LOT "A" LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT AN ANGLE POINT IN 7HE NORTHERLY LINE OF SAID LOT "A". SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AND DESCRIBED ON SAID MAP NO. 15479 AND SAID CERTIFICATE OF COMPLIANCE, AS "N78°55'00"E 33.81'". THENCE ALONG NORTHEASTERLY BOUNDARY OF SAID MAP NO. 15479 AND SAID CERTIFICATE OF COMPLIANCE, NORTH 78°55'00" EAST, 36.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF PARCEL "A" OF SAID CERTIFICATE OF COMPLINCE, SOUTH 11°05'00" EAST, 15.23 FEET; THENCE SOUTH 78°55'00" WEST, 21:58 FEET; THENCE SOUTH 11°05'00" EAST, 38.63 FEET; THENCE SOUTH 12°44'00" EAST, 33.33 FEET TO THE BEGINNING OF A 10Q.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°43'00" A DISTANCE OF 6.49 FEET; THENCE SOUTH 16'27'00" EAST; 12.55 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT "A" AND THE POINT OF TERMINUS. ~3D Zo .t? DOU S B. OUP P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DS Mi2449W2A\legal DescriptionW03 CV to WindingWalk Marketplace.docx WO 2449-02A 4!30!13 4-9 LEGEND: E' x~1~IT 1111 -- WDlCA7ES EXISTWG LOT UNE PER CERTIFICATES OF COMPLIANCE RECORDED OCTOBER 1, 2007 AS DOCUMENT NO.'S 2007-0638326 AND 2007-0638327 - - -INDICATES LOT LINE PER MAP N0. 15479 0 20 40 6D ® INDICATES AREA BEING DEEDED BY CITY OF CHULA ~1STA AREA = ZOD S0. FT. SCALE 1"=20' /~,O,C, INDICATES POINT OF COMMENCEMENT ], P.O. B. 1NDICATES TRUE POINT OF BEGINNING P ~, j, INDICATES POINT OF TERMINUS BIRCH ROAD (DEDICATED PER MAP N0. 74780 T,P,O.B. \" "~ 1~~ ~ ~" ~ o z~ Q~ i ro°o ~o~ ~s2n ~i 2 h N 4 r~ ~N W W2 0 P.O.C. PARCEL Fo ,eB„ / ~° r CERTIF/CA7E OF 1 ~~ COMPLIANCE 2007-0638327 1 f / ~~ ~ ~o ~1 !~ ~~l~f i ~ z 0 ~r~ (•1 ~\ ~1 l ~~s~p ~~ \~, 1 P.O.T. s PARCEL "A" CERTIFICATE OF COMPLIANCE 2007-0638326 ~c~ ~ '~ ~.~ ~'I "1 •~ 1 ~~~ ~/ h~~ I~~~~G}-1 ~~ l 1 ~t~, /~ Al ~~~, d=03'43'00" '- R=i00.Q0' L=6.49 --N 16'27 DO"W 12.55' N11'OS'00"W 8.06' HUNSAKER &ASSOCIATES ~ 30 2o~G,~ seu olFCq ANC __ ____ _ - ~,~~ ~,w„~,~, aouc a. sr ~~L.s. 8553 aauemiuc evi 11x90.G4te1 EXP. 12/31/14 wvvmxd ex(esa)sswsao~rxNse)ssaNtt ~R:\0669\&ldop~fX LU Correcting Deed- CV to Windingwalk.OWCLj4pr-30-2013:13:31 W.D. 2449-OZA 4-10 Cfi~'Y~ OF C#dUi.A YiSTA ENt31i~ERiN~3 pEPT.iPlANl~t® ®EPT. 1lDJUSTII~HT PLAT t~0. ©7.42 SHEET 4 OF (AEACRtD PE77 1W+ /p, 7ggp) RQc -A,lpQ(~:E( :t" PAACft S' rrPARCEi '1' $~ H ~~ V~ ~~ ~~ I ' ~ j I ~ I t i ~ ~, ~ Q i i~ ~i Q f ~ `~ ~ I ~ ~t to t l ~ t i t ~o' r- i t ._p'- 5-21-~3~ z~em -`~--__ ~.xHtQrT 3 _ ~ v~iuVbtNG4VAL'tG 1 ,~ ~~cr~z`t-rs -t-o ct-r~ .t (y AP.F.RS~ ~ :-s. E%Fl1NC LOT UN£ C 1T'S' GcRi'r11T ~J Ta „ „ ~trur~tnlGwr4~K PARCEL A C z atz~AS~ 9.027 ACRES \ APQ°OS'£U LOT UKE LJT a~i CHULA v1~rA 7ffAGT NO. Di~ii, fl7AY PANCH VILLAt3E' ii NE1LiH6t7F3Nt~DD9 MU'7 AND R-j8 MAP l~O. 9G47'8 e-w'.s~w` „ ~~~. -H,eKrww rxu• f'OS p09' &06' -EtlSTAVG LOT LVlE 1 I ~-2' t ~ t ~ I I i I t Si I I I b 1 t t xi t ~i ~ . ..f ~ ! ~ ~ 2~ WA Lt_ S'EE Sf~f N0. 3 ~ EF1SEMtrNT 1~ ~o c1Ty u ~ <° e° ' Sc+H.E t - 20' . c 4-11 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A REAL PROPERTY EXCHANGE TO CORRECT A RECORDING ERROR RELATED TO CITY OPEN SPACE BOUNDARIES (LOT A, MAP 15479) WHEREAS, on November 22, 2006, Map 15479 was recorded for Otay Ranch Village 11, Neighborhoods MU-1 and R-19, which map made an irrevocable offer of dedication (IOD) for three lots (A, B and C) along the east side of Eastlake Parkway between Birch Road and Crossroads Street for open space and other public purposes; and WHEREAS, on October 1, 2007, Certificates of Compliance (CoC) for a lot line adjustment (LLA) were recorded that adjusted the boundary line between Lot A and the adjacent commercial lot (Lot 3) of said Map along the northerly 106' of these lots; and WHEREAS, on February 16, 2011, the City accepted the original IOD for Lot A as described in Map 15479 rather than Lot A as described in the recorded 2007 CoC, thereby creating a discrepancy between the accepted boundary of Lot A and the current boundary of Lot A, whose current Assessor Parcel Number is 643-770-19-00; and WHEREAS, a property exchange is proposed between the City and the owner of the adjacent property, Windingwalk Marketplace, LLC (Windingwalk) to resolve this discrepancy; and WHEREAS, said property exchange will be accomplished by recording two grant deeds, one from Windingwalk to the City (Exhibit 1) and one from the City to Windingwalk (Exhibit 2), which areas are illustrated in attached Exhibit 3; and WHEREAS, the Development Services Director has reviewed the proposed actions for compliance with the California Environmental Quality Act (CEQA) and has determined that these actions, consisting of a minor lot line adjustment between two adjacent parcels and which will not result in the creation of any new parcel, qualify for a Class 5 categorical exemption pursuant to Section 15305 (a) [Minor Alterations in Land Use Limitations] of the State CEQA Guidelines, and therefore, no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the grant deed from Windingwalk Marketplace, LLC (Exhibit 1) and authorize the City Clerk to record said deed. 4-12 Resolution No. Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager to execute the grant deed to Windingwalk Marketplace, LLG (Exhibit 2), and authorize the City Clerk to record said deed. Presented by Gary Halbert, AICP, PE Assistant City Manager ATTACHMENTS: Exhibit 1 -Grant deed from Windingwalk to the City Exhibit 2 -Grant deed from the City to Windingwalk Exhibit 3 -Plat of the area of the property exchange J:Wttomey\FINAL 1tESOS\20] 3\OS 21 13\IZESOLUTION -Property Exchange to Correct the Boundaries of Open Space Lot dm edits Final.doc 5/15/2013 8:40 AM 4-13