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Home My WebLink AboutReso 2013-108 2013-0634324 � - - - --- - . �, � 0 G # �0� �-��3��2� �� ) �� Recording requested OCT 24, 2013 8:48 AM b��: Cih�of Chula Vista OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dionenburg,Jr.,COUNTY RECORDER After recording return FEES: 000 Ito: �313 � PAGES: � / Cin�Clerk's Office IIIIIIIIIIIII�IIIIIIII�'IIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII'lllllllllllllllllll�ll AI Cit��of Chula Vista L 276 Fourth Avenue Chula Yista. CA 91910 Attn: Liz Briees This s ace or Recorder's use onlv � Resolution No. 2013-108 Docw�re�tt Title acuNe.Q ; TiN i�r�/�R-C/F•�� /Nl1PfT�i �7S L�C. � ...• RESOLUTION NO. 2013-108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT AND THE PUBLIC TRANSPORTATION EASEMENT ADJACENT TO EAST PALOMAR WHEREAS, Trinity Pacific Investments, LLC has requested the vacation of portions of certain easements located on the Saint Paul Senior Homes and Services Project Site as described on Exhibit "A"(Property); and WHEREAS, an assignable and irrevocable general utility and access easement and the public transportation easement were granted to the City of Chula Vista per Map No. 13592 recorded June 24, 1998; 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 portions of 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 portions of 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 or public transportation 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 portions 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, 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. Resolution No. 2013-108 Page No. 2 Presented by Approved as to form by E Gazy lbert, .E., ICP len oogins Assistant Ci Manager/Director of ey Development Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of June 2013 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, yor ATTEST: Donna R. Norris, CMC, Crty 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. 2013-108 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 11th day of June 2013. Executed this 1 lth day of June 2013. ~~. ~~s~ Donna R. Norris, CMC, City Clerk Exhibit A Resolution No. 2013-108 Page No. 3 EXHIBIT "A" (Legal Description of Property) BEING A SUBDIVISION OF THE REMAINDER PORTION OF PARCEL 8 OF PARCEL MAP NO. 18349 AND LOT 12 OF CHULA VISTA TRACT NO. 96-04A PER MAP NO. 13990, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF EAST PALOMAR STREET AND SANTA ANDREA; THENCE ALONG A NORTHERLY CONCAVE CURVE HAVING A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 16°53'42' ; THENCE NORTHEASTERLY ALONG SAID CONCAVE CURVE A DISTANCE OF 294.87 FEET; THENCE, LEAVING THE CENTERLINE OF EAST PALOMAR STREET S32°19'02"E A DISTANCE OF 77.15 FEET TO THE TRUE POINT OF BEGII~TIIlVG; OF THIS DESCRIPTION, THENCE S13°30'37"E A DISTANCE OF 785.39 FEET; THENCE, S36°08'18"W A DISTANCE OF 53.87 FEET TO THE BEGINNING OF A TANGENT NORTHERLY CONCAVE CURVE HAVING A RADIUS OF 226.OD FEET AND A CENTRAL ANGLE OF 4°58'41"; THENCE SOUTHWESTERLY ALONG SAID CONCAVE CURVE A DISTANCE OF 19.64 FEET; THENCE N49°05'25"W A DISTANCE OF 52.00 FEET TO THE BEGINNING OF ANON-TANGENT NORTHWESTERLY CONCAVE CURVE HAVING A RADIAL BEARIlVG OF N48°49' 19"W, A RADIUS OF 174.00 FEET AND CENTRAL ANGLE OF 14°50'08"; THENCE, WESTERLY ALONG SAID CONCAVE CURVE A DISTANCE OF 45.05 FEET TO THE BEGINNING OF ANON-TANGENT EASTERLY CONCAVE CURVE HAVING A RADIAL BEARING OF N58°24'15"E, A RADNS OF 185.00 FEET AND A CENTRAL ANGLE OF 17°41'3T'; THENCE NORTHERLY ALONG SAID TANGENT CURVE A DISTANCE OF 57.13 FEET; THENCE, N13°54'08"W A DISTANCE OF 55.48 FEET TO THE BEGINNING OF A TANGENT SOUTHEASTERLY CONCAVE CURVE HAVING A RADIUS OF 8.00 FEET AND CENTRAL ANGLE OF 93°58'20'; THENCE, NORTHERLY AND EASTERLY ALONG SAID' TANGENT CURVE A DISTANCE OF 13.12 FEET; THENCE, N80°04'11"E A DISTANCE OF 4.46 -FEET; THENCE, N31°54'08"W A DISTANCE OF 20.05 FEET; THENCE S80°04'11"W A DISTANCE OF 171.00 FEET; THENCE N13°30'37"W A DISTANCE OF 156.19 FEET; TO THE BEGINNING OF ANON-TANGENT WESTERLY CONCAVE CURVE HAVING A RADIAL BEARING OF N35°14'55"W, A RADIUS OF 54.00 FEET AND A CENTRAL ANGLE OF 87°18'40"; THENCE EASTERLY AND NORTHERLY ALONG SAID CONCAVE CURVE A DISTANCE OF 82.29 FEET; THENCE N32°33'35"W A DISTANCE OF 50.04 FEET TO THE BEGINNING OF A TANGENT EASTERLY CONCAVE CURVE HAVING A RADNS OF 86.00 FEET AND A CENTRAL ANGLE OF 19°02'58"; THENCE, NORTHERLY ALONG SAID TANGENT CURVE A DISTANCE OF 28.59 FEET; THENCE N13°30'37"W A DISTANCE OF 291.59 FEET ; THENCE , NS2°13'49"$ A DISTANCE OF 16.99 FEET TO THE BEGINNING OF A TANGENT NORTHERLY CONCAVE CURVE HAVING A RADIUS OF 1085.50 FEET AND A CENTRAL ANGLE OF 2°41'52", THENCE, EASTERLY ALONG SAID TANGENT CURVE A DISTANCE OF 51.11 FEET TO THE BEGINNING OF A TANGENT J:4:ttorncy~F'INAL RESOS AND ORDINANCES~2013\06 1113~teso Vacation of Easementdoc N4l2013 9:32 AM Resolution No. 2013-108 Page No. 4 NORTHERLY CONCAVE CURVE HAVING A RADIUS OF 552.00 FEET AND A CENTRAL ANGLE OF 4°31'OT ;THENCE EASTERLY ALONG SAID TANGENT CURVE A DISTANCE OF 43.53 FEET TO THE BEGINNING OF A TANGENT NORTHERLY CONCAVE CURVE HAVING A RADIUS OF 1052.00 FEET AND CENTRAL ANGLE OF 9°55'10"; THENCE EASTERLY ALONG SAID CONCAVE CURVE A DISTANCE OF 182.13 FEET TO THE TRUE POINT OF BEGINNING. J:1AriomeylFINAL RESOS AND OI2DINANCES\2013W6 11 13\Rcsc Vacation of Easement.doc 6/42DI39:32 AM Exhibit B Resolution No. 2013-108 Page No. 5 Exhibit "B" GENERAL UTILITY AND ACCESS EASEMENT ACA TION \ _~ ~ 1• "~ >, m - S~R~~~ ~ \ LD~PR z9k$ , ~ ~~ L' 42 , 5~ o0 ~ ~bo53 p1, DR91ag2~3/ / ti ,1 4° ~~~~ ~/ v \ , ~ 5 y o 1 C% ~ p$ },% $ rho f3' 49" W 16.99 a z D t D 1 z 0 m ~~ D r ~ --~ No. 27232 Ezp. 3-31-15 OF m 1~ a-~,. t D 1' -..a O. 1~~ f Gf1JER.4L UTILITY AND ACCESS EASEMENT \ TD BE ~ACATID '~`-- SLY ROW L/NE & N'LY LINE PAR. 2 r ~~ - ~ i P~` ~ t~~~~~p~ , ~ ~J ~I ~~~ 1 ~J~~~~~ ~<~G ~~,~~h~ Pp~1 am rxn~txu+a/sra~/vi,aw~ STUART ENGINEERING 7s25 ,~fEmrr~rAN avz., srE 3De SAN I+fGO, CALIFORNIA 921118 .(619) z96-cola FAX (619) 296-9176 57UART PEACf R.C.E. 17132 DATE R£G/S1RAT10N EXPIRES 3-31-15 60 30 0 60 120 SCALE /N FEET SE .KJB N0. 1017-13-09 CITY OF CHULA VISTA EASEMENT VACATION DATE• MARCH 28, 2013 SHEET 1 OF 1 q Resolution No. 2013-108 Page No. 6 Exhibit "B" GENERAL UTILITY AN D ACCESS EASEMENT VACATION ALL THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDED JULY 13, 2D01 AS DOCUMENT N0. 2001-0484233 OF OFFICIAL RECORDS, BEING A SUBDIVLSiON OF THE REMAINDER PORTION OF PARCEL 8 OF PARCEL MAP N0,18349 AND LOT 12 OF CHULA VISTA TRACT NO.96-04A PER MAP N0.139901NTHE CITY OF CHULA VISTA, COUtJ7Y OF SAN DIEGO, STATE OF CALIFORNIA; BEING MORE PARTICULARLY DESCRIBED AS FOLLDVJS: COMMENCING ATTHE CENTERLINE INTERSECTION OF EAST PALOMAR STREET AND SANTA ANDREA STREET, THE CENTERLINE OF SAID EAST PALOMAR STREET BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1,000.DO FEET, A RADIAL LINE TO SAID POINT OF COMMENCNG BEARING SOUTH . 15°25'20"' EAST; THENCE EASTERLY ALONG SAID CENTERLINE THROUGH A CENTRAL'ANGLE OF 16°53'42° A DLSTANCEOF 294.87 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 32'19'02° EAST A D15TANCE OF 77.15 FEETTO THE POINT OF BEGINNING LYING ON THE NORTHERLY LINE DF SAID PARCEl2 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF EA57 PALOMAR STREET, SAID POINT LYING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1,052.OD FEET, A RADIAL UNE TO SAID POINT BEARING SOUTH 34'48'43" EA57: THE NORTHERLY UN E OF THE GENERAL UTILITY AND ACCESS EPSEMENTTO BE VACATED LYING SOUTHERLY OF, PARALLELTO AND 3 FEET MEASURED PERPENDICULARLY FROM AND THE SOUTHERLY LINE LYING SOUTHERLY OE, PARALLEL TO AND 10 FEET MEASURED PERPENDICULARLY FROM THE NEKTTHREE CALLS WHICH ARE ALONG SAID NORTHERLY LINE OF PARCEL 2 AND SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST PALOMAA STREET; THENCE WESTERLY ALONG THEARC OF SAID 1,052.00 F007 RADIUS CURVE THROUGH A CENTRAL ANGLE OF 9°55'10" A DISTANCE OF 182,13 FEETTO A TANGENT CURVE CONCAVE NDRTHERLY HAVING A RADIUS OF 552.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4'3i'D7" A DISTANCE OF 43153 FEETTO A TANGENT CURVE ~NCA1/E NORTHERLY HAVING A RADIUS OF 1085.50 FEET; THENCE WC5TERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'41'52" A DISTANCE OF 51.11 FEETTO A POINT OF TERMINUS, A RADIAL UNETO 5AlD POINT OF TERMINUS BEARING SOUTH 17'40'34" EAST; THE SIDELINES OF SAID GENERAL UTILITY AND ACCESS EASEMENT BEING PROLONGED OR SHORTENED TO TERMINATE IN THE EASTERLY AND WESTERLY LINES OF SAID PARCEL 2, AND A LINE BEARING SOUTH 5Z°13'49° WEST FROM THE POINT OF TERMINUS., Na. Z7232 STUART PEACE R.C.E. 27232 DATE Ems. 3-31-IS REGISTRATION EXPIRES: 3-31-15 *,s+. / Resolution No. 2013-108 Page No. 7 '_ ~X~ll~It ~8» EASEMENT FOR PUBLIC VACATION N` O~ rn S ~ry~ 13' 49" ~/ 16.99 a z a ~ z 0 rn D ;. ,, cn -_ ~ No. ?7232 Exp. 3-31-15 crwc >a+cw~warc/srcetcravc7rtara~c STUART ENGINEERING 7525 MEJROPOLTAN Oft., S7E 308 SAN O/fGO, CACSDRNIA 97708 F~ (6f9) 1296-927b S7UART PEACE R.CE. 27232 DAlE REpSIRA710N EXPIRES 3-31-f3 1 60 30 0 60 120 SCALE !N FEET SE JOB N0. 1017-13-09 CITY OF CHULA l/ISTA EASEMENT UACA770N DA ~• MARCN 2$ 2013 I ,~'1EET 1 OF 1 i r i 20 k~~ 550 ~~"., RL'~ ~~ TRANSPOR 7`A TION ~T jgE v ° FRS 29~s~,, `.~ ,o~~~ PPLOM ,,~ N~~. ~.'~ A51 } a~ oo ~~, o ~ , „ o. R' 5~, ~ 0 53' 4~ e' 052°~ b'i ' .~ o~~ DR'~~k9 ~ EASEMENT FOR PUBC/C 7RANSPORTA TO BE ~ACATEU S' LY ROW LlNF & N' LY LINE PAR. 2 r P Jc ~ 4 ~ ~¢ r ~ i,~~~ 1~,~ C~~G~~ ~ 4~cJ ~~'~5 P~ ~ A 1 1' m Resolution No. 2013-108 Page No. 8 Exhibit "8" EASEMENT FOR PUBLIC TRANSPORTATION VACATION ALL THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDEDIULY 13, 2001 AS DOCUMENT N0.2001-0484233 OF OFFICIAL RECORDS, BEING A SUBDN[SION OF THE REMAINDER PORTION OF PARCEL 8 OF PARCEL MAP N0.18349 AND LOT 12 OF CHULA VLSTA TRACE NO.96-04A PER MAP NO.13990 iN THE CfIY OF CHULA VISTA, COUNTY OF SAN D1EG0, STATE OF CALIFORNIA; SE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF EAST PALOMAR STREETAND SANTA ANDREA STREET, THE CENTERLINE OF SAID EAST PALOMAR STREET BEING A CURVE CONCAVE NORTHERLY HAVtNG A RADIUS OF 1,000.00 FEET, A RADIAL LINE TO SAID POINT OF COMMENCING BEARING SOUTH 15'25'20' EAST; THENCE EASTERLY ALONG SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 16°53'4X' A DISTANCE OF 294.87 FEET; THENCE LEAVING SAID CEM'ERU NE SOUTH 32'19'02" EAST A DISTANCE OF 77.15 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2 AND THE SOUTHERLY RIGHT-0F-WAY LINE OF EAST PALOMAR STREET, SAID POINT LYING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1,05200 FEET, A RADIAL LINE TO SAID POINT BEARING SOUTH 34°48'43" EAST; THENCE WESTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE 1°47'16" A DISTANCE OF 32.83 FEET70 THE POINT OF BEGINNING: THE NORTHERLY LINE OF THE EASEMENT FOR PUBLIC TRANSPORTATION TO BE VACATED LYING SOUTHERLY OF, PARALLEL TO AND 3 FEET MEASURED PERPENDICULARLY FROM AND THE SOUTHERLY LINE LYING SOUTHERLY OF, PARALLELTO AND 10 FEE]' MEASURED PERPENDICULARLY FROM TWE NEXTTHREE CALLS WHICH ARE ALONG SAID NORTHERLY LINE OF PARCEL 2 AND SAID SOUTHERLY RIGHT-0F-WAY LINE OF EAST PALOMAR STREET; THENCE CONTINUING WESTERLY ALONG THE ARC OF SAID 1,052.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 8'07'54" A DISTANCE OF 149,30 FEETTO ATANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 552.OD FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°31'07" A DIST~NCE OF 43.53 FEETTO A'TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1085.50 FE }~THENCE WESTERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF Z°41'52" A DISTANCE OF 5111 FEETTO A POINT OF TERMINUS, A RADIAL LINE TO SAID POINT OF TERMINUS BEARING SOUTH 17°40'34" EAST; THE SIDELINES OF SAID EASEMENT FOR PUBLIC TRANSPORTATION BEING PROLONGED OR SHORTENED TO TERMINATE ON THE EAST IN A LINE BEARING SOUTH 33°fl1'27" FROM THE POINT OF BEGINNING AND IN THE WESTERLY LINES OF SAID PARCEL.2; AND A LINE BEARING SOUTH 52°13'49" WEST FROM THE POINT OF TERMINUS. STUARTPEACE R.C.E. 27232 DATE REGISTRATION EXPIRES: 3-31-15 N o, 27232 Exp. 3-31-15 `, i