HomeMy WebLinkAboutAgenda Statement 1986/05/06 Item 16 COUNCIL AGENDA STATEMENT
Item 16
,/ Meeting Date 5/6/86
ITEM TITLE: Resolution /� �e Approving real property contract and
accepting drainage easement for Hilltop Drive road
improvements in the City of Chula Vista, California
SUBMITTED BY: Director of Public Works/City Engineer y4///
REVIEWED BY: City Manager A,. (4/5ths Vote: Yes No X )
In conjunction with the County road improvement project on Hilltop Drive near
Oxford Street, it was necessary for the County to obtain a drainage easement
to construct part of the public improvements. The improvements include
constructing curb, gutter, sidewalk, and pavement, on Hilltop Drive from
Oxford Street to approximately 300 feet south. In addition, a short extension
of the drainage facilities is part of this project.
RECOMMENDATION: That Council :
1 . Approve real property contract.
2. Accept easement for drainage purposes from Demetrio U. Guarin and Eileen
Ped V. Guarin, Co-Trustees of The Guarin Family Trust, Under Declaration
of Trust Dated September 11 , 1984, and Any Amendments Thereto, and
authorize City Clerk to record same.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
As part of street improvement project on Hilltop Drive near Oxford Street in
the City of Chula Vista it was necessary that the County obtain a drainage
easement for some of the improvements being installed. Attached is a copy of
the drainage easement and a sketch showing the location thereof. In order to
obtain the drainage easement, it was necessary to enter into a real property
contract with the property owner. This contract is attached. Contract calls
for:
1 . City shall :
a. Accept and record the drainage easement without cost of any kind to
the Grantors.
b. Pay any escrow title insurance and recording fees incurred in this
transaction.
c. Take title to the property subject to any exemptions of record.
Page 2, Item 16
Meeting Date 5/6/86
2. Grantor understands that it is the intention of the City to cause certain
drainage facilities to be constructed within the easement being acquired
hereunder with no cost or assessment therefore to be levied against
Grantor or the remaining property.
3. It is expressly understood that no monetary considerations is to be paid
to the Grantors for the property rights described in the drainage
easement. Grantors willingness to donate such property rights as
predicated upon:
a. Anticipated benefits accruing to Grantors' property and the
neighborhood in general , as a result of the proposed drainage
construction.
b. The explicit understanding that none of the cost associated with
the proposed project including relocation of any utility
facilities will be born by the Grantors.
4. Grantors warrant that they are the owners of fee title to the property
described in the easement and there are no oral or written leases on all
or any part of the property exceeding a period of one month. Grantors
agree to hold the City harmless and reimburse the City for any and all of
its losses and expenses occasion by reason of any lease held by any tenant
or Grantors for a period exceeding one month.
5. City agrees to hold the undersigned harmless from any and all penalties,
liabilities or loss resulting from claims or court actions arising
directly or indirectly out of any damage or injury to persons or property
by reason of acts or admissions of the City, its agents, employees or
independent contractors, in exercising any of the privileges hearin
granted or in consequence thereof.
6. The performance of this agreement constitutes the entire consideration of
said document and shall relieve the City of all obligations or claims on
this account, or on account of the location, grade, construction or
operation of the proposed public improvement.
The street improvement project is being constructed by the County at no cost
to the City. County has informed staff that there will be no title insurance
or recording fees required with this transaction.
FISCAL IMPACT: None.
WPC 2034E
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,`4pc__%` DEPARTMENT OF PUBLIC WORKS
BUILDING 2 5555 OVERLAND AVENUE
GRANVILLE M. BOWMAN, Director SAN DIEGO, CALIFORNIA 92123
Offices of: TELEPHONE: (619) 565-5177
County Engineer
County Road Commissioner
County Surveyor April 21, 1986
County Airports
Flood Control
Liquid Waste
Solid Waste
Transportation Operations
Mr. Kenneth J. Goldkamp, P. E.
City of Chula Vista
Public Works Department
276 Fourth Avenue
Chula Vista, CA 92010
Dear Mr. Goldkamp:
Subject: Hilltop Drive Road Improvements - Approval of Contract and Acceptance
of Drainage Easement
This refers to your recent conversations with Joel Newsom of my staff regarding
the subject proposed drainage easement in favor of the City of Chula Vista,
which has recently been obtained from Demetrio U. Guarin, et ux. , co-Trustees.
The original signed easement is enclosed, together with the Real Property
Contract which states the conditions under which it was delivered.
Inasmuch as the County plans to advertise the project within the next few weeks,
it is recommended that City approval of the contract, and acceptance and recorda-
tion of the deed, be accomplished expeditiously. You will note that no monetary
consideration is being paid the Guarins, who recognize our planned extension of
the drain pipe as beneficial to their property and the neighborhood.
The following information may be useful in processing the documents through the
City Council for approval :
By letter dated March 28, 1986, we were informed by George Krempl ,
Director of Planning, City of Chula Vista, that the Planning Department
found the location, purpose, and extent of the proposed improvements
and land acquisition to be in conformity with the Land Use and Circu-
lation Elements of the Chula Vista General Plan.
County staff' s environmental review indicated this project is exempt
from CEQA requirements, as it is a minor alteration to the existing
road facility with no impact on the environment.
After execution of the contract on behalf of the City, a copy should be mailed
to Mr. and Mrs. Guarin at the following address:
3212 Bonita Woods Drive
Bonita, CA 92002
1 f
-2-
I will also appreciate your sending a copy of the approved contract to the
County at the following address:
Joel P. Newsom (M/S 0340)
County Department of Public Works
5555 Overland Avenue
San Diego, CA 92123
The cooperation of City staff in this project is sincerely appreciated. If
additional information is desired, please call Mr. Newsom at 565-5240.
Very truly yours,
(
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-;e— RANVILLE M. BOWMAN, Director
department o Public Works
GMB:JN:ds
Enclosure: Contract (3)
Easement (1)
Letter dated 3/28/86
Map
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CITY OF
CHULA VISTA
PLANNING DEPARTMENT
March 28, 1986
Mr. Granville M. Bowman
County of San Diego
Department of Public Works
Building 2, 5555 Overland Avenue
San Diego, CA 92123
Dear Mr. Bowman:
Thank you for your letter of March 18, 1986, to Principal Planner Kenneth G.
Lee. This letter was referred to the Department' s Advance Planning Division
for study and technical response.
Your said letter embodies a request to the Chula Vista Planning Department for
a "General Plan Conformity Report", as required under Section 65402 of the
State Planning and Zoning Law (Government Code) , in conjunction with certain
right-of-way improvements and land acquisition associated with the County' s
Hilltop Drive Project, located near Oxford Street. Please be advised that the
Department has reviewed the Hilltop Drive Project, and has found that the
location, purpose, and extent of the proposed improvements and land
acquisition are in conformity with the Land Use and Circulation Elements of
the Chula Vista General Plan.
Thank you for requesting this conformity report from the Chula Vista Planning
Department. If additional information is required, please get in touch with
Principal Planner Daniel M. Pass, AICP, at 691-5254.
Sincerely,
GeoXrempl
Director of Planning
DMP:fp
WPC 2680P
cc: Kenneth G. Lee, Principal Planner
Daniel M. Pass, Principal Planner
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97 F Ffll IRTH AVFNI IF/CHI 11 A VISTA CALIFORNIA 92010!(6191 691-5101