HomeMy WebLinkAboutReso 1998-18924 RESOLUTION NO. 18924
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING REAL PROPERTY CONSISTING OF 1.8
ACRES, LOCATED SOUTH OF BEYER WAY WITHIN THE OTAY
VALLEY "
WHEREAS, McMillin D.A. America Otay Ranch, LLC ("McMillin") is constructing La
Media Road across the Telegraph Canyon Creek flood channel in conjunction with
development plans for Village One and Five of the Otay Ranch; and
WHEREAS, the California Department of Fish and Game ("CDFG") and U.S. Army Corp
of Engineers ('Corp") have entered into a 1603 agreement and a 404 permit for mitigation
requirements for wetland impacts on the Telegraph Canyon Creek flood channel, including the
conservation of 0.3 acres within the Otay ValLey, and reserved potential mitigation credits for
the remaining 1.5 acres of riparian habitat land; and
WHEREAS, the City's General Plan Land Use Diagram designates the subject 1.8 acre
parcel as Open Space, as shown on Exhibit "A"; and
WHEREAS, the Draft Otay Valley Regional Park Concept Plan designates the 1.8 acre
parcel as "Core" open space; and
WHEREAS, McMillin would like to provide the City of Chuia Vista with fee title,
reserving a conservation easement over the 1.8 acre parcel; and
NOW, THEREFORE the City Council of the City of Chula Vista does hereby accept that
Real Property from H. G. Fenton Material Company consisting of 1.8 acres, as described on
Exhibit "B", provided, however, that all of the following occur first:
A. McMillin shall provide proof to the City's satisfaction that all taxes due on said
property have been paid in full; and
B. The Memorandum of Option Agreement dated June 17, 1997, between Fenton
Material Company and the Trust for Public Land, recorded on July 28, 1997 as
File No. 1997-0357012 of the Official Records of San Diego, is removed and
released from the subject property and the title thereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record said deed
upon receiving notice from the City Attorney's office that all of the above conditions have
been satisfied.
Presented by Approved as to form by
· Bob Leiter John M. Kaheny
~' Planning Director City Attorney
Resolution 18924
Page 2
EXHIBIT A
/VL,~IN STREET
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CHULA VISTA
s~. ~,rso
OTAY
CHULA VISTA PLANNING DEPARTMENT
LOCATOR p.o~s~ McMillin0toyRonCh, lnc.
CD MCMILLIN CONVEYANCE
NORTH NO Scole Not ADDIiCODle
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Resolution 18924
Page 3
EXHIBIT B
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDIN(::) BASE AND
MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 32 RODS EAST OF THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 23; THENCE NORTH TO THE SOUTHERLY
BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 7274 AS SHOWN BY SAID RECORD
OF SURVEY MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON MAY 19, 1970 AS FILE NO. 86629 OF OFFICIAL RECORDS; THENCE SOUTH
,., ' 89o40'05" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, 127 FEET; THENCE SOUTH
I' TO THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 23; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, 127 FEET TO
THE POINT QF BEGINNING.
Resolution 18924
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of March, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
~Autl~elet, City Clerk ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
h Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18924 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 17th day of March,
1998.
Executed this 17th day of March, 1998.
~uthelet, City Clerk