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Home My WebLink AboutReso 1992-16895 RESOLUTION NO. 16895 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING RIGHTS TO INSTALL UNDERGROUND FACILITIES OVER A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES OF A PORTION OF LOT 9 IN THE PERRY PARK SUBDIVISION AND LOT 5 IN THE BLANKENSHIP TRACT SUBDIVISION AND DIRECTING THE CITY CLERK TO RECORD THIS RESOLUTION AND LEGAL DESCRIPTIONS WHEREAS, funds for design and construction of drainage improvements at the end of Welton Street west of Fifth Avenue were allocated from Community Development Block .Grant (CDBG) funds in the Fiscal Year 1988-8g Capital ImprovementIProgram {C!P) budget to correct drainage problems in the area which project includes reconstruction of the pavement in the cul-de-sac; installation of curb and gutter; and installation of a curb inlet and 12" PVC pipe; and, WHEREAS, the proposed pipe alignment crosses three parcels and thus requires acquisition of drainage easements; and, WHEREAS, the easement along one of the lots has been acquired by staff and accepted by the City Clerk, however, the other two easements are within areas over which the City has irrevocable offers to dedicate; and, WHEREAS, the largest easement crosses a portion of Lot g of the Perry Place Subdivision, Map No. 4330, which was offered for future street purposes which subdivision is within the Montgomery Annexation area and the offer of dedication of property for street purposes was not accepted by the County; and, WHEREAS, the final easement crosses a portion of Lot 5 of the Blankenship Tract Subdivision, Map No. 4343, reserved for future street purposes which subdivision is within the Montgomery Annexation area and the offer of dedication of property for street purposes was not accepted by the County; and, WHEREAS, when this area was annexed, all rights were transferred to the City and Council may accept a portion of the area offered for dedication; and, WHEREAS, the area staff recommends Council accept is 133.63 sq. ft. which is 464 of the total dedicated area of Lot 5; and 143.06 sq. ft. which is 26.6% of the total dedicated area of Lot g; and, WHEREAS, the acceptance of these two easements will allow the construction of the proposed drainage improvements at the end of Welton Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept that portion of an irrevocable offer of dedication for street purposes of a portion of Lot g in the Perry Park Subdivision and Lot 5 in the Blankenship Tract Subdivision consisting of the subsurface of the area shown in Exhibits "B" and "C" {Exhibit "A" omitted) for the purpose of installing and maintaining a drainage pipe, and for drainage. Resolution No. 16895 Page 2 BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to record this resolution and legal description in the office of the San Diego County Recorder. BE IT FURTHER RESOLVED that the remaining portion of the irrevocable offer not hereby accepted is not rejected and remains as an irrevocable offer to the City. r of Public Works - Reso]utlon No. 16895 Page 3 EXHIBIT"B-I" "EXHIBIT A" LEGAL DESCRIPTION A PORTION OF LOTS 7 AND 10 IN QUARTER SECTION 145 OF CPFjLA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE HAP THEREOF 505 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY MARCH 13, 1888 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 9 OF THE PERRY PARK SUBDIVISION ACCORDING TO HAP NO. 4330 THEREOF FILED IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY ON SEPTEMBER 10, 1959 AS FILE NUMBER 185894 SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF A PORTION OF SAID LOT 9 RESERVED FOR FUTURE STREET PURPOSES AS SHOWN ON SAID HAP 4330; ; THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 9 NORTH 18'22'40" WEST 13.00 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY NORTH 71'42'40" EAST 10.71 FEET TO A POINT ON THE EASTERLY BOU"TDARY OF LOT 9 SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 50 FEET A RADIAL TO SAID POINT BEARS SOUTH 74'00'03" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'59'53" 13.09 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 9 SOUTH 71°42'40'' WEST 11.87 FEET TO THE POINT OF BEGINNING. PORTION OF SAID LOT 9 DESCRIBED ABOVE LIES WITHIN AN AREA DESIGNATED AS RESERVED FOR FUTURE STREET pURpOSES SHOWN ON SAID HAP NO. 4330. SAID PARCEL CONTAINS 0.0033 ACRES (143.06 SF) Resolution No. 16895 Page 4 ,~.,~~r N?l'qE'ie ~/L 2.~TREET '66J25' ~ q95 eB' .... ,~x',: eJ'~ _ _ _ j6~ 9z '_ _ ~ _. _ N'~LY CDR OF 5'LY HALF Or II I I I I I I i , I I LO~ 9 HiP NO 433~ I CURVE DATA ~ I DELTA RADIUS LENGTh )~ ~1 3~'34'47' 5B 3B 17 ~- / ~m ;' ~e. REET e N1 ' 6is, ~ AREA Or LOT 9 T0 BE ACCEPTED =e ~!33 AGPES = H386 5 F COMPUTER FILE N0 6AD~SBDR oR"Ne~Y ~ H FzT~s' LOT 9 C~SAB MAGBU AT LYNNE P. CENTER DRAZNAGE EABENEffi APPRDVED o,:~:-92 I~E; &Ts ~ELTON STREET SHALE L., SON AN Resolution No. Z6895 Page 5 EXHIBIT "C-l" mEXHIBIT Ae LEGAL DESCRIPTION A PORTION OF LOT 10 IN QUARTER SECTION 145 OF CHULA VISTA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF 505 FILED IN THE OFFICE OF TBE RECORDER OF SAID SAN DIEGO COUNTY MARCH 13, 1888 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 5 OF THE BLANKENSHIPTRACT ACCORDING TO MAP NO. 4343 THEREOF RECORDED AT THE RECORDERS OFFICE OF SAID SAN DIEGO COUNTY ON SEPTEMBER 22, 1959 AS FILE NO. 195375 SAID CORNER ALSO BEING THE NORTHWEST CORNER OF A PORTION OF SAID LOT 5 RESERVED FOR FUTURE STREET PURPOSES; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 5 SOUTH 18022'40" EAST 10.00 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY NORTH 71042e40" EAST 15.25 FEET TO TBE BEGINNING OF A NON-TANGENT CURVE MAVING A RADIUS OF 50 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 46°52~38" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12007'32" A DISTANCE OF 10.58 FEET;TBENCE DEPARTING SAID NON-TANGENT CURVE SOUTH 71°42'40'' WEST 11.87 FEET TO THE POINT OF BEGINNING. PORTION OF SAID LOT 5 DESCRIBED ABOVE LIES WITHIN AN AREA DESIGNATED AS RESERVED FOR FUTURE STREET PURPOSES SHOWN ON SAIDMAP NO. 4343. SAID PARCEL CONTAINS 0.0031 ACRES (133.63 $F) (LNC\k'eLLT$.L6L) Resolution No. 16895 Page 6 EXHIBIT "C -2" L:JJ. ' t ~5~*!~' N71'~2'~E'E 66eBB' / ,~ ~15.25' ~ ~ NTJ'42'48'E '%t CURV[ DATA w K~[' I'= 2r ~ DELT~ RADIUS LENGTH ~ ~ ~4' ~ ~e 5B 2J ee ~ 12'8288' 5e ~e 5~' ~ ~ ~ LO~ 5 ~ ~ ~ BL~NKENSH~P TR~T ~ ~ MAP NO ~343 i~.__. IV' N_.~.~,~L NAPLES STREET 666.35' AREA TO eE ACCEPTED 17'//73 = e.ee31 ACRES: 13365 St. COMPUTER FILE NO.6AOBeBDR bRAWN BY I?ITLE- LOT 5 IPRERARED CESAP V,MAGBUH~T LYNNE M. CENTER LE DRAINAGE EASEMENT APPRDVED B~: DAZ~:es-92 I~rMg SZHTS. . WELTON STREET SHALE L.HANSON Resolution No. 16895 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of November, 1992, by the following vote: YES: Councilmembers: Horton, Malcolm, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16895 was duly passed, approved, and adopted by the City Council held on the 24th day of November, 1992. Executed this 24th day of November, 1992.