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HomeMy WebLinkAboutReso 2013-089RESOLUTION NO.2013-089 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 No. 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 Pazkway 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 No. 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 aze 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 pazcel, 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. Resolution No. 2013-089 Page No. 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, LLC (Exhibit 2), and authorize the City Clerk to record said deed. Presented by Approved as to form by a Gary albeit P.E., AICP len R. Go gins Assistant Ci Manager/Director of i ey Development Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of May 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Salas ATTEST: Donna R. Non•is, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl Cox, Mayor I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-089 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 21 st day of May 2013. Executed this 21st day of May 2013. p Donna R. Noms, MC, City Clerk Resolution No. 2013-089 Page No. 3 ~hib-~- I RECORDING REQUESTED BY AND \~~HEN RECORDED RETURN TO: City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Attention: City Cleric MAIL TAX STATEMENTS TO: City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Attention: City Clerk (Space Above Line for No transfer tax due pursuant to Section 11922 of the California Revenue and Taxation Code. GRANT DEED FOR VALUE RECEIVED, WINDINGVVALK MARKETPLACE, LLC, a Delaware limited liability company ("Grantor"), grants to CITY OF CHULA 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 Califonaia, described on Exhibit A attached to this Grant Deed and by this reference incorporated herein and as more particularly shoRm on a map designated as Exhibit B attached hereto and by reference incorporated herein. This conveyance is subject to all matters appearing of record. IN WITNESS WHEREOF, Grantor has executed this Chant Deed as of 1 ~fiJ ~, 2013. / GRANTOR: WINDINGWALK MARKETPLACE, LLC, a Delaware limited liability company By: Shea Properties Management Company, Inc., a Delaware corporation, Resolution No. 2013-089 Page No. 4 State of California County of ~ ~~ On S`t`d ('tiy \ 3 ~C3 1 ~~ before me, notary public, personally appeared f4+1 (1~-c t;xrc-y.~ho proved to me on the basis of satisfactory evidence to be the person whose name rr /~ subscribed to the within instrument and acknowledged to me t)~iat e slimy executed the same in~/lscfitPt~e1T authorized capacity), and that by iis~~rGtl~ir signature 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. t_ RtootE +r~([ - ~ Comml';lion +y 19D2096. z z d Notary-Public ~ CaBtornid .~ l ,5 ~~ ~~ Qrahg4 County Signatllie ~-~ Z._~,C~(').'~. ~ ~ (Seal) _ ~tA~ Comm. Ex ices Au 50-; 2D74r State of California County of ,~l` t t> On r11C)r~ a~ ~ \ ~ before me, notary public, personally appeazed i ~ ~- ~ who proved to me on the basis of satisfactory evidence to be the perso whose name is~r~e subscribed to e within instrument and acknowledged to meth t, e h./~~executed the same inJ~',S- e't1t~,irauth rued capacity~s), and that by er r sig ature(~) on the instrument [he person nr the entity upon behalf of whi h the nerson~ 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) L. RIDQGE i y,_ CorrnrJsslon At 1902994 Notary f uo0c - California i Orange CuunfY a M Comm. Ex 'res pu 30; 2pfq N-t Resolution No. 2013-089 Page No. 5 EXHIBIT "A" LEGAL DESCRIPTION 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 N0.2007-0638327, SAID PORTIONS OF LOT 3 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THOSE PORTIONS OF SAID LOT 3 LYING WESTERLY-0F 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 76'55'00" 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,.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 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. DOUGLAS B. S OUP P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DS M:\2449102A\Legal DescriplionN,04 Wndingwalk PAarketplace to CV.docx W02449-07A 4!30113 Resolution No. 2013-089 Page No. 6 LEGEND: E~~1~1~ if~ii -INDICATES EX157/NG LOT LINE PER CERTlF1CATES OF COMPLLANC£ RECORDED OCTOBER 7, 2007 AS DOCUMENT NO.'S 2007-063B326 AND 2007-0638327 - - -INDICATES COT LINE PER MAP N0. 15479 0 20 40 60 ® INDICATES AREA BEING DEEDED TO CITY OF CHULA VISTA AREA = 305 S0. fT. SCALE 7°=20' P Q, O, INDICATES POINT OF COMMENCEMENT T.P.O.B. INDICATES TRUE POINT OF BEGINNING BIRCH ROAD p,Q,7; 1NDfCATES POINT OF TERMINUS (DEDICATED PER MAP N0. 14780) N7B 55'00 E /- T.P, 0. B. ~ ~~ z~ Qi 00 ^~ ~ ~w az~ was ~~~ w~ a ~, ~ ~N woz 0 po.c. ~ No N78'S5'00" ~ ~ " ~ ~" 21.SB' ~I 2 ~~~ ~ ~ I~ , . '~ ' PARCEL PARCEL I'o »A" "B" ~^ CERTIFICATE OF CERTIFICATE OF = COMPLIANCE COMPLIANCE 2007-0638326 2007-0638327 M Ln r ~ ~~ -~F ~ C~o ,l~' ylL~' N ~1 r l~ ~ Q ~~. ~ ~~I ~=6493 ~~ N 1 G2TOD °V/ 12.55' f .0. T. ~ N f 1'OS'00'W B.06' HUNSAKER & ASSOCIATES -¢/~~yp ~~ fnn ortcq ~xc f DOUGLAS ST OU S. 8553 P4MlRiG 9MWyle Shen n+cvo-nwc s.,u.caa m¢i EXP. 12 31/14 WRV:1lNG MW819B150]~F%I650)SSbHH R: \OG69~&Map~FX CU Correcting Deed- Windin9~ralk fo CY.OWC(JApr-30-7013:13:32 W.O. 2449-07A Resolution No. 2013-089 Page No. 7 -~jCHibi'~ ?_ RECORDING REQUESTED BY AND WREN RECORDED RETURN TO: Windingwalk Marketplace LLC 130 Yantis, Suite 200 Aliso Viejo, California 92656 Attention: General Counsel MAIL TAX STATEMENTS TO: Windingwaik Marketplace LLC 130 Yantis, Suite 200 Aliso Viejo, California 92656 Attention: Lori I4asner (Space Aoove Line for xecoraer s use umy) No transfer tax due pursuant to Section 11922 of the California Revenue and Taxation Code. GRANT DEED FOR VALUE RECEIVED, CITY OF CIIULA VISTA ("Grantor"), grants to WINDINGWALK MARKETPLACE, LLC, a Delawaze limited liability company, all that certain real property located in the City of Chula Vista, County of San Diego, State of Califomia, 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 record. IN WITNESS WHEREOF, Grantor has executed this Chant Deed as of 2013. GRANTOR: CITY OF CIIUI~A VISTA By: Resolution No. 2013-089 Page No. 8 Slate of California County of On before me, notary public, personally appeazed 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/shelthey 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 Califomia 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/aze 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 enfty upon behalf of which the person(s) acted, executed the instrument. I certify under PEI~TALTY 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 Resolution No. 2013-089 Page No. 9 EXHEBtT "A" LEGAL DESGRiPTION 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 THE 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 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. -~~3~%C~ DOU S 8. OUP P:L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DS Mi244~J\02Allegal DescriptionlA03 CV to Windingwalk Marketplace.docx W02449~02A 4!30113 Resolution No. 2013-089 Page No. 10 LEGEND: ~XHIBI'I' 1t B1f -- INDICATES EXISTING LOT LINE 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 CI1Y OF CNUTA YlSTA AREA = 200 S0. FI. SCALE i"=20' J~,QC, INDICATES POINT OF COMMENCEMEM T.P.O.B. INDICATES TRUE POINT OF BEGINNING BIRCH ROAD (D P,Q,]; INDICATES POINT Of TERMINUS ED/GATED PE/7 pggp /yD 14780) T.PO.B. gyp( ~ ~M ~z^ e~ °roo ~ o~ 2^ ~~N ~gM ~ ~N W 02 0 "~ PARCEL >B ~> CERTIFICATE OF / COMPLIANCE 2007-0638327 I r r/ 1 ~ CvN~ ~Y1\,~~ P.O.T. 7 ,~ •~ i t ~~ ~J 1L~ ~~l ~~b/~ 12.55' 11'OS'00"W S.D6' Ht7NSAKER & ASSOCIATES _ __ _ ¢~3D Z_p,C_~ SAN I[G41NC -1-/--~ nna+ux wm w,~suK~ DOUG B. 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