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HomeMy WebLinkAbout2013/06/11 Item 10.~..,~ I~ ~ ~ CITY COUNCIL AGENDA STATEMENT 1 '' C UL~.A VISTA 6/11/13, Item ~p ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF A 1,778 SQUARE FOOT EASEMENT FOR STREET AND PUBLIC UTILITY EASEMENT NEEDED FOR THE OTAY LAKES STREET WIDENING CAPITAL IMPROVEM PROJECT (STM355) SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~ ~,/~ ~ " ASSISTANT DIRECTOR OF ENG RING I,vo ~ ~.i/ REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGEI 4/STHS VOTE: YES ^ NO SUMMARY The subject easement is necessary to complete work on this second and final phase of the Otay Lakes Road Widening project. This project is being completed to provide traffic signal optimization and assure compliance with Growth Management Ordinance traffic threshold standards under build-out conditions. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Envirommental Quality Act (CEQA) and has determined that the proposed activity consisting of the purchase of a small area for the purpose of accommodating a street and utility easement for approved street improvements, qualifies for a Class 5 categorical exemption pursuant to Section 15305 (b) [Minor Alterations in Land Use Limitations) of the State CEQA Guidelines because the action will not result in any changes in land use or density. Thus, no further environmental review is required. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Work to be completed generally consists of the following: Completing the widening of Otay Lakes Road to six through-lanes (three lanes in each direction) between East H Street and Apache Drive/Miracosta Circle; 10-1 6/11/13, Item ~~ Page 2 of 2 • Widening the southbound segment of Otay Lakes Road to three through-lanes between Apache Drive/Miracosta Circle and Telegraph Canyon Road; • Adding an auxiliary "drop" lane in the northbound segment of Otay Lakes Road between Telegraph Canyon Road and Apache Drive/Miracosta Circle; • Adding a northbound-to-westbound left-turn lane from Otay Lakes Road to Southwestern College access driveways at Elmhurst Street and Gotham Street, including lengthening the existing le&turn pocket to improve level of service through the intersections; • Lengthening the existing southbound-to-eastbound dual left-turn pockets at the Otay Lakes Road / La Media Road /Telegraph Canyon Road intersections; • Modifying the existing traffic signals along Otay Lakes Road at Elmhurst Street, Gotham Street, Apache Drive/Miracosta Circle, and Telegraph Canyon Road; • Installing new raised medians and modifying existing raised median south of East "H" Street to Telegraph Canyon Road; and, • Modifying and improving landscaping. Upon completion of this construction work, no further widening or physical changes to Otay Lakes Road will be necessary between Ridgeback Road and Telegraph Canyon Road. The needed easement is 1,778 sq. ft. and will also require the replacement of some landscaping and improvements. Staff had the Easement appraised and an offer in the appraised amount of $46,650 was made to the owner, the Church of Jesus Christ of Latter day Saints. The Church countered with their estimated value of $50,000. Staff is recommending that the counter offer be accepted. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundazies of the property which is the subject of this action. CURRENT YEAR FISCAL IMPACT Sufficient funds are available in Capital Improvement Project STM355 to purchase the necessary easement. There is no direct impact to the General Fund as this cost will be funded by Transportation Development Impact Funds. ON-GOING FISCAL IMPACT There is no ongoing fiscal impact of purchasing this necessary easement. ATTACHMENTS Real Property Purchase Agreement J:\Engineer\AGENDA\CAS2013\06-I1-13\Otay Lakes rd Ids esmt.doc ~~-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY Attorney Dated: / 3 ~ 3 AGREEMENT FOR THE PURCHASE OF EASEMENT RIGHTS BETWEEN CORPORATION OF THE PRESIDENT OF THE SAN DIEGO STAKE OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AND THE CITY OF CHULA VISTA AGREEMENT FOR THE PURCHASE OF EASEMENT RIGHTS (Properq~Nmnbzr 510-9965) THIS AGREEMENT POR THE PURCHASE OP EASEMENT RIGHTS ("Agreement") is entered into as of , 2013 by and between CORPORATION OF THE PRESIDENT OT THE SAN DIEGO STAKE OF THE CHURCH OP JESUS CHRIST OP LATTER-DAY SAINTS, a corporation sole ("COP"), and THE CITY OF CHULA VISTA, a charter city organized under the laws of the State of California ("City"). The parties hereto are individually referred to as a "Party" and collectively as the `'Parties" for the acquisition by City of certain real property interest for the Otay Lakes Road Street ~~idening Project STM-355 ("Project"). RECITALS A. COP owns a certain parcel of real property located in the County of San Diego, State of California ("COP Property"). B. City desires to acquire an easement for street and public utility purposes on, over, under, across and tln~ough a portion of the COP Property (`'Easement"), such Easement area more particularly described on Exhibit A and depicted in Exhibit B ("Easement Area"), both attached hereto and incorporated herein by this reference. C. COP desires to sell the Easement in to the City subject to the terms and conditions contained herein. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the proposes stated above, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, COP and City agree as follows: ] . Consideration. As consideratiou for the grant of the Easement, the City shall: a. Pa ice. Pay to COP the amowrt of FIFTY THOUSAND DOLLARS ($50,000.00). i. Remittance of Payment. All payments due hereunder shall be made to COP. Attn: Terry Bradshaw, 50 E. North Temple, 12`~ Floor, Salt Lake City, Utah 84150. City shall mail a certified check to the above address within tlvrty (30) days after execution of this Agreement. a. Removal and Reconstruction of Stairway. (i) Remove, dispose of and re-construct COP's existing stairway to Otay Lakes Road; (ii) construct new retaining walls at~d slopes per the construction plans for the project as approved by City and COP; a~~d (iii) install and/or restore landscaping and irrigation as per the construction plans for the project or as approved by City and COP (collectively "COP Improvements"). 10-3 Upon the completion of construction of COP Improvements, COP Improvements shall become the property of COP and City shall be relieved from all liability associated therewith, excepting any damage caused by the City during any maintenance or restoration activities of Improvements in accordance with Section 3, below. 2. Annroval of Construction Plans. City shall provide a set of signed and sealed plans for such specifc improvements to COP and COP shall approve such plans prior to the commencement of construction. The COP representative who shall approve the plans is: John Skaggs NAWA San Diego Facilities Manger 8902 Highwood Drive San Diego, CA 92119 Mailing Address: P.O. Box 19719 San Diego, CA 92159 3. Access. City and its agents, servants, consultants, contractors and subcontractors (collectively, "City's Agents") will have the right to enter upon the Easement Area for the purposes permitted by this Agreement. City and City's Agents will enter upon the Easement Area at its sole risk and hazard, and City and its successors and assigns, hereby release COP from any claims relating to the condition of the Easement Area and the entry upon the Easement Area by City and City's Agents. 4. Reservation. Grantor hereby reserves the right to use the Easement Area for any use not inconsistent with City's permitted use of the Easement Area. 5. Construction. City agrees to construct the COP Improvements at City's sole cost and expense. The COP Improvements will be constructed by City: (i) in a good a~td worlananlike manner and in accordance with industry standards and building codes in effect in San Diego County and the City of Chula Vista; and (ii) in compliance with all laws, rules, and ordinances respecting the construction. 6. Maintenance and Restoration. City, at its sole cost and expense, shall: a. Maintain and repair the hnprovements and any and all related improvements installed by City, or for the benefit of City, in good order a~td condition. b. Promptly repair any damage to COP's Property and COP's improvements located thereon caused by City and/or City's Agents, and will restore COP's Property and the improvements thereon to the same or better condition as they existed prior to any entry onto or work performed on COP's Property by City and City's Agents. 10? 4 a Provide written notice to COP before entering onto COP's Property for the purpose of maintenance of the Easement, except in the case of an emergency, as deternvned by the City. 7. Condition of COP's Property/Release. City accepts the Easement Area and all aspects thereof in "AS IS", '`WHERE IS" condition, without warranties, either express or implied, "with all faults", including bur not limited to both latent and patent defects. The City hereby waives all warranties, express or implied, regarding the title, condition and use of the Easement Area, including, but not 1nnited to any warranty of merchantability or fitness for a pvticular purpose. 8. Indemnification. Subject to California statutes and the provisions of City's Municipal Code relating to the liability of City as a governmental agency and political subdivision of the State of California, City shall at City's sole expense and with counsel reasonably acceptable to COP, defend, indemnify, and hold harmers COP from and against all claims, losses, costs, damages, expenses, liabilities, actions, causes of action, assessments, fines and penalties of any ]dnd including court costs and attorneys' fees actually incurred from any cause other Yhan COP's gross negligence, sole negligence or willful misconduct, arising out of or relating directly or indirectly to the grant of the Easement or any rights or obligations of City under this Agreement. This indemnification provision extends to a~~d includes claims for: (i) the acts and omissions of the City or City's guests; or (ii) the use of the Easement Area or the exercise of the rights granted hereunder by the City, or City's guests, or their successors or assigns, and their agents, servants, employees, consultants and/or contractors. 9. Liens. City shall keep the COP's Property free from any liens arising out of ally work performed, materials furnished, or obligations incurred by, through, for or under City, and shall indemnify, hold harmless and agree to defend COP from any liens that may be placed on the COP's Property pertaining to any work performed, materials furnished or obligations incurred by, tlv~ough, for, or under City or any of City's Agents. Any such liens shall be released of record within thirty (30) days. ]0. Insurance. City will ensure that prior to City or City's Agents entering onto the Easement Area or the COP's Property, City and all of City's Agents and other such parties who assist with the construction, maintenance or use of the Easement Area, each obtain policies which, at a minimum, provide COP the protections set forth below. City will ensuue that prior to entering onto the Easement Area, City's Agents are either covered by City's insurance or maintain coverage as set forth below, naming COP as an additional insured. a. Liability Insurance Coverage v~d Linvts. A connnercial general liability insurv~ce policy insuring City's interests against claims for persona] injury, bodily injury, death, property damage occurring ou, in or about the Easement Area and the ways immediately adjoining the Easement Area, with a "Combined Single Limit" covering persona] injury liability, bodily v~jury liability and property damage liability) of not less than Two Million Dollars ($2,000,000.00). The coverage set forth above shall be 10'-5 primary coverage and shall apply specifically to the Easement Area, the COP's Property, and adjacent areas; b. Workers" Compensation Insurance. All Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts and/or applicable law; and c. Automobile Insurance. Automobile Liability Insurance with a minimum limit of not less than One Million Dollazs ($1,000,000.00) Combined Single Limit per accident, and coverage applying to "Any Auto." 11. Compliance with Laws. City will comply with all present or future laws, statutes, codes, acts, ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of and agreements with all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any building, zoning, land use, and hazardous waste laws. 12. Inteeration. This Agreement constitutes and represents the entire agreement of the parties hereto with respect to the subject matter hereof, and all other prior agreements, covenants, promises and conditions, oral or written, between the parties are incorporated herein or superseded in their entirety by this Agreement. Neither this Agreement nor any provision of it may be amended, modified, waived or dischazged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. The parties further acknowledge and agree that all of the terms and conditions of this Agreement are contractual in nature and shall be interpreted under any applicable law as contractual obligations, and the parties waive any claims or defenses to the contrary. 14. Attorneys' Fees. If either Party brings or commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right to recover reasonable attorneys' fees and all other associated costs from the other Party, to be fixed by the court in the same action. The term "legal proceedings" shall include appeals from a lower court judgment and bankruptcy proceedings. The "prevailing Party" means the Party who substantially obtains the relief sought 104 6 15. Notices. Any notice required or desired to be given under this Agreement will be considered given: (i) when delivered in person to the recipient named below, (ii) when delivered by a reputable overnight delivery service, or (iii) three (3) days after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage prepaid, addressed by name to the person and party intended. All notices shall be given at the following addresses: If to COP: Corporation of the President of the San Diego Stake of The Church of Jesus Christ of Latter-day Saints AtuY: Terry Bradshaw (Prop. No. 510-9965) 50 E. North Temple, 12"' Floor Salt Lake City, Utah 84150 If to City: City of Chula Vista Engineering Division Attn: Rick Ryals Real Property Manager 276 Fourth Avenue Chula Vista, CA 919]0 Such addresses may be changed by notice to the other Party given in the same manner as above provided. Any notice given hereunder shall be deemed given as of the date delivered or mailed. 16. Successors in Interest. The teens, conditions, covenants and agreements set forth herein shall apply and bind the heirs, executors. administrators, successors and assigns of the Parties hereto. 17. Survival of Terms. The Parties acknowledge and agree that terms and conditions of the Agreement shall survive the close of escrow and remain in fLill force and effect. ] 8. Time of the Essence. Time is of the essence attd each patty shall promptly execute all documents necessary to effectuate the intent herein and shall perform in strict accordance with each of the provisions herein. 19. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. 105 7 20. No Recordation. Neither party shall record this Agreement, or any memorandum or short form thereof. IN WITNESS WHIiREOF, the Parties have executed this Agreement the day and year first written above. (Sig~zature page follows) 106 8 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. COP: CORPORATION OF THE PRESIDENT OF THE SAN DIEGO STAKE OP TH1r CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS. a corporation sole By: Name (Print): Its: CITY: THE CITY OF CHULA VISTA, a charter city organized under the laws of the State of California By: Name (Print): Its: 10~ 9 IrXHIBIT A (Legal Description of basement) EXHIBST '*A" EASEMiT.WT FC3R STREET PURE'O5ES _ LEGAL Di:SGRtPTifA[d GITY OF CHUtA VISTA THAT PCR710N OF l'iiE NORTHEAST Cl'JARTEft OF QUARTER SECTION 1, IN RP.NGHO DE t1+ NAC10N, IN THE CITY OF Gl1UlA VISTA, COtiNTY OF SAlV DIEGO, STATE OF C,4LiFORN!R, ACCORDt'JG TO h4,RP TF{EREOF N0. ifi6 FILED !N THE OFFICE OF THE COUNTY Rc:CORDEf2 OF SAN DiEGD COUhII Y t~~AY 41, 1859, tJ,ORE PRRT1CULfiRLY DESGWBED A5 FOLLOWS AND !LLUSTPATED 0"V EXHi[IT "B" ATTACHED HERETO Ah'D t~tADE A PART' OF THIS GOGt}MENT: I3EC1NtdIN{3 AT THE iAOST VdESTERLY COR"SER OF LOT ?.38 OF SOUTHW ~~ ~ ~~ ALOONG THE ESTATES UNIT N0.2 AGCORDiNG TO t43AP 5889 THENCE iJ 35°00'07° E, ~•• . NORTHWESTERLY LINE OF SAID LOT 238. T HENCE N 54°58'57° W, 243.05 FEET, THENCE S 35°00'07" W, 11.i 1 FEET TO At`i 1N7ERSECTION WITH 7HC- NORTHEASTERLI' FLIGHT OF WAY UNE OF OTAY LAi<c`a ROAD .AS DESCRi6Ep tN DEED TO THF. Ci'1Y OF CHJLA VISTA RECORDEb SEP7EP+iBER i3, 1962 AS FiIE IVO- 158(}'X2, TI'i[NCE 5 65°02'i2" E, 51.86 FEET ALOPJG SAI ~Rt~~N~ QT TO THE POINT 7HENGE CONT(NU4NG ALONG SA1p RIGHT OF WA`f t itdE, S 57 49`22" E, QF BEGINNING. CC1tVT,~INfIdC% 1,7IS SC?. FT., hl4RE tJP, LLSS. C 7349 Exp. l2rautH _ ~~ / ~CRf~of Ch~vW~ W~ jJ/ y,~; <sr . tiltf~ Ucpanm:M a: E~gb,aaitnq •- ''"l+r' ItI~-^r'~~z^-_Si.~ ~ z~6 Fnurm A.en~e ~ r SE LtTSS GO ' , P. £..S.13d9 DATE 1 ~~np; Cnvtavisw.Cfi9i97fr ~j t} IVet~ti~,~vtssa tere~er.zanr _~ /1,tCCENS6EXPt't~~.512/31/09 _~ m ha~me on °i~V2~?Oq:Surveys:StAd~5ARO4Ne+rohit c ePr• t9 10810 EXHIBIT B (Depiction of Easement) EXHiB1T °B` c° z~ s~~ i> ~ . ~ ~~ f -~e,,,~" ::~~ ~~: ~,~ ' .~ ~\ r~ („' c~G :~7 y`rP rx vst, fy ... 1x y .?~,s. y4 ~ `~ i~ °~.; G~~~~ ~ ~~, ~~~ 4.Q t ~ 1~~~ ~~ /°- \~,~r P.=4 i 1 L"~ %~L i 0 3P ~u eU ( IN fOCf j ti lo~l... na i~ ~tiC~ cm oeceu~,'ns~n t%FRR?MEM 0'r Eh61l:EF.ii NG 2T8fDUAT}i A~/ENUE caiJUt V1S7h G'.843tR ~, eHVL~`rRSTA Sep©la7o-rni __ .~ ,;~ -. ,yam Fti?f{T OF Jfft~'SNirtC-`' ~*• \ x 35 p3'p7" E ~'~ `,, i ~~~ u ryas Et?. 12[]tf99 ~~ t 1 O ~asc ~.y`s~ can~cz. ~.L.s. ~3g~ once i.tCENS~iEXPfft£S 14131109 ~ __...._._ _.-. ExiSTSNC 9Ralra:Cf ?M l F`J fit, ~ Gti .~~~~ ~~ I \ ~-~ ~~~~ 10911 When Recorded, Mail To: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 97912 With A Copy To: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints Real Estate Services Division Attn: Property No. 510-9965 50 East North Temple, 12th Floor Salt Lake City, Utah 84150 Assessor's Parcel Number 642-020-19 GRANT OF EASEMENT (Space above for Recorder's use THIS GRANT OF EASEMENT (this "Easement") is entered into this day of 2013, by and between CORPORATION OP THE PRESIDENT OF THE SAN DIEGO STAKE OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a corporation sole ("Grantor"), and THE CITY OF CHULA VISTA, a charter city organized under the laws of the State of California ("Grantee"). Grantor inconsideration of the mutual promises contained herein and for good and valuable consideration, the sufficiency of which is hereby aelmowledged, grants, without any warranty, express or implied, a perpetual, non-exclusive, easement on, over, under, across and through the that certav~ real property described and shown on Exhibit "A" ("Easement Area") and depicted in Exhibit "B", attached hereto and by this reference made a part hereof, for the purposes of installing, using, replacing, operating, altering, removing, maintaining, and repairing public street, public utilities and appurtenances related thereto, including certain drainage structures and graded slopes (collectively, the "Improvements"). Grantee shall at all times ensure uninterrupted and unimpeded pedestrian and vehicular ingress to and egress from Grantor's Property Grantor hereby fw-ther grants unto Grantee the right to enter upon Grantor's remaining property when and where necessary to construct, repair or maintain public street, public utilities and appurtenances located within the herein granted easement, including the right to remove trees and vegetation as necessary, to extend drainage structures, and the right to grade slopes as necessary to provide for the construction, operation and maintenance or said public street. RESERVING unto the Grantor of the above described Easement the right to eliminate the drainage structures and graded slopes or portions thereof, when, in the opinion of the City 10-12 Engineer, the necessity therefore is removed by substituting other protection, support and/or drainage structures, provided such substitution is first approved in writing by the City Engineer. THIS EASEMENT IS GRANTED IN ACCORDANCE WITH THE CONDITIONS OF THAT CERTAIN AGREEMENT FOR THE PURCHASE OF EASEMENT RIGHTS ENTERED INTO BY THE PARTIES DATED AS OF EVEN DATE HEREWITH. [signature on the next page] asstaa~a-~92o 10-13 IN WITNESS WHEREOF, Grantor has executed this Agreement on the day and year first above written. GRANTOR: CORPORATION OF THE PRESIDENT OP THE SAN DIEGO STAKE OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a corporation sole By: Name (Print): Its: Authorized Agent STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 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 instnunent 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. Signature 48~ L ] 474-7920 (Seal) 10-14 EXHIBIT A (Legal Description of Easement Area) That certain Easement Area located in the County of San Diego, State of Califonva, specifically described as: EASEMEP3TFQR.STREET PURPOSES _ LEGA1. DESCFCtPTtOEV _. CkTY OF CHUI.A VISTA C~`W .Fi42-Q20-'i ~ THAT PORT IcCId OF'C'HE NuRTHEA87 OUA'2TER OF OCtARTER SECTION SF 4N F2ANCt9O DE Lit N,fiC10PJ, IN THE GCi 1' DF CNUi.C, VISTA, COUNIi' OF SAIV DIEGO, STATE OF GALIFORNlA„ AGCORDIIVG 70 (~tAP THERIOF iV0.16'B F?LED IN THE OFFICE OF THE COUNTY RECORDER OF SAR OIEGu' COUNTY tviAY t 1,1858, t~iOitE PARTICULARLY DrSCf?IBED AS POLLOVJS AND itLUSTRATED CN EXHiBi"£ "E" ATTACHED HEP,cT O AS4U IAADE A PHR1' OF THiS DOCIIM,ECST: 6CGI`:v~NIESG AT T i-!E h60ST ~IJESTERLY CORNER OF LOT 226 OF SOU711VVEB7ESYiJ CCILLEGE ESTATES UNIT N0, 2 ACCORDING TO ~dAP 5685 THENCE N 35°OD'07" L, l.a"2 FEET ALONG tH_ NOR I H~NESTERLY LINE OF SAiD LOT 238, THENCE N .54°5S'57" lM, 243,05 FEET, ThENC( S 35°OD'07" W,11.i t FEET TO AN {NTER5ECTi0N bVl'+H THE NORTHEASTERLY RIGHT OF WAY LINE OF 0 T AY LAifES ROAD AS DESCREt1ED iN DECD TOTHc CITY OF CNtyLA VISTA RECC?RDED SEPTE<`,46ER S`~, 1952 AS FILE t±O. t5B072, THENCE S 55°D2'12" E, 51.88 FEET ALONG SA9D RIGHT ~: F uVAY DINE. Tfi[idCE CONTIPPJfNG P.LON^v SAID E21GHT OF YiAY LINE, S 57°49'22" E. 101.?"? FEET TO 1'HE POI[dT OF BEGINIdiNG. C'C7NTAIII7NG 1.773 S~. Fi', A:IC1Ri; C1R {,GSS. ~~ ~ ~\Ilr Cry QI C1`o~i Yal3 „ -" Depa tm ric'ci~,Nee*nq ".~`~ oftFa+~Arenn GlMatisW, CA 9i514r ! an~~~ ~CNUU1llS7a I°t51t1&230 ., ~~ SF EXl'~2t`S !?tat?D9 pr P'vY2D~O15uneys1S7M5S5WOWieehlbd i opa iA.'soc assn-ia~4-~9~0 10-15 EXHIBIT B (Depiction of the Easement Area) That certain real property located in the County of San Diego, State of California, depicted as: EXHIBIT 'B' .~~ o'` ~~~ a rJ~, Ill,c, tf7~r( ~. nfr ~~~ l7 _ ~Y1,-I." l~~ ~ rr s~ `'t?~. ~...iv . 'tea ~ EXuiNJG DRllNFGE fASEntEMT -~~ , r ~Sp.. 3~3.~, fj j J ? / \\ 1 !~~ a ~~~~~ ~ ~~~ r`,~ri <r..-.... -,+-~~"t ',, n ~ ca eta ma~~^^~ _ cM ('Ei i' ) 1 tii ~h aQ ;t ~~/~ cnv eF cxN AwstA _ oEPr~uEan o~ EnamE~WQ 2t8 i0ilRT1 AV~4llE ~~ CNULA VISTA CA.8t810 ~~~ (94@)47&7Jpi ~~~ `~" b~~ I Ov G t ~~ `~~ ~ \ °~~ ~~s ~9 \ L~, 1 ~ l"_JvL+" ;t~)1P 6~5~ f w POfNi IIF' &EGfnPNraG ~-'~ N 35'40'III" E Q t.52' ~/ j \\ ~~/ ~. L5' 7548 Erg. i3/n/pg f ~ ~/ ~/ L.L,.t+~ ,tQSE L ES G9PRE2, P.I..S.13a. DACE l.ICEN~EnP1RE." 12f31~9 ~. 4851-1474-7920 ~0-~6 RESOLUTION NO. 2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF A 1,778 SQUARE FOOT EASEMENT FOR STREET AND PUBLIC UTILITY EASEMENT NEEDED FOR THE OTAY LAKES STREET WIDENING PROJECT (STM-355) WHEREAS, second and final phase of the Otay Lakes Road Widening project is about to be constructed; and WHEREAS, this project is being completed to provide traffic signal optimization and assure compliance with traffic threshold standards under build-out conditions; and WHEREAS to complete this project it is necessary to acquire an easement from that parcel currently identified as San Diego County Assessors Parcel No. 642-020-19; and WHEREAS, staff has had the Easement appraised and negotiated a final purchase price in the amount of $50,000 with the owners of the property. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the purchase of the herein described Easement and authorize staff to execute the Purchase Agreement and any other documents necessary to complete the transfer of property. Presented by Richard A. Hopkins Director of Public Works J:\Attomey\FINAL RESOS AND ORDINANCES\2013\06 11 13\Otay Lakes road acq Reso.doc 6/4/2013 8:34 AM ~~-~~