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HomeMy WebLinkAboutAgenda Statement 1985/06/04 Item 8a,b COUNCIL AGENDA STATEMENT Item 8a,b Meeting Date 6/4/85 ITEM TITLE: a. Resolution '-3 6 Accepting new street, storm drain, and sewer easements in Lots 329, 330, Y, Z and AA b. Resolution / 3( / Summarily vacating all those existing storm drain and sewer easements in Lots 329, 330, Y, Z and AA of Hidden Vista Village Subdivision under the Street Vacation Act of 1941 SUBMITTED BY: Director of Public Works/City Engineer 924/ REVIEWED BY: City Manager 4r0 - 4, (4/5ths Vote: Yes No x ) In conjunction with a proposed condominium project, the developers of Hidden Vista Village Subdivision granted sewer and storm drain easements within Lots 329, 330, Y, Z and AA on Subdivision Map No. 10051 . Subsequent to the recordation of the map, the land was sold. The new owners have proposed to build a project with a different layout. Consequently, the easements must be vacated to accommodate that new layout. The new easements have been prepared and are ready for acceptance by the City. RECOMMENDATION: That the Council adopt the subject resolutions ordering the summary vacation of the existing easements, accepting the new easements, and refund the unexpended balance of the $1 ,190.00 fee for processing the summary vacation of applicant. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On March 4, 1981 , the final map for Hidden Vista Village Subdivision was approved. Watt Industries, the developer at that time, had planned a condominium project at East "H" Street and Hidden Vista Drive. Access and sewer easements were granted to the City on the map to serve the proposed project. Subsequently, Watt Industries sold this property. Great American Development Co. has acquired ownership. The present owner has proposed a new apartment project for the same site. That project is known as the Beacon Cove. The owner is granting new storm drain and sewer easements to the City to serve the project. The original easements will not be used and may now be vacated. By letter dated April 8, 1985, Graves Engineering of San Diego, acting as agent for the owner, applied to the City to vacate the easements as granted on the original subdivision map. The prescribed fee of $1 ,190.00 for processing the vacation was paid at that time by a check from Great American Development Co. Page 2, Item 8a, b Meeting Date 6-' 4"j85 In accordance with Section 8333 of the California Streets and Highways Uode, the City Council may summarily vacate a public service easement if the "date of the acquisition (3/4/84) is less than five years and more than one year immediately preceding the proposed vacation and the easement was not used continuously since that date." Section 8335 of the Code states that: a) the legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this Chapter by adopting a Resolution of Vacation, b) the Resolution of Vacation shall state all of the following: 1 ) That the vacation is under this Chapter. 2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. 3) The facts under which the summary vacation is made. 4) That from and after the date the Resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement. Inasmuch as the easements being vacated are strictly for public sewer and storm drains, the vacation action does not affect any other utility company. All the utility companies have been notified, however, of the request for vacati on. Grants of easements to the City for sewer and storm drain have been prepared by the owner's engineer. The legal descriptions have been checked by this department and have been found acceptable. They are now ready for acceptance by Council . It was found that additional street right-of-way is needed to accommodate the public sidewalk and handicap ramp at the curb return at the main entrance off East "H" Street. The grant of easement form has been executed and is now ready for acceptance by Council . The applicant has requested that the Council consider a lower fee than the prescribed $1 ,190.00 for the vacation of streets and easements. The current fee is supposed to cover the costs incurred by the City to set a public hearing with all its appurtenant posting and publishing notices. Inasmuch as the summary vacation process involves much less time, it is recommended that the City refund any unused portion of the fee after staff time and overhead costs are figured. A transparency showing the subject easements is available for Council viewing. FISCAL IMPACT: If approved by Council , a refund of the unused portion of the $1 ,190.00 fee will be paid to Great American Development Co. (100-0730-5420) . JWH:fp/PV007 WPC 1530E >-r'2._.Z��..z,�.._��-�-- by the City Council of b Chula Vista, California COUNCIL AGENDA STATEMENT Item 8a,b Meeting Date 6/4/85 ITEM TITLE: a. Resolution/2/)=, Accepting new street, storm drain, and sewer easements in Lots 329, 330, Y, Z and AA b. Resolution /A/2_97 Summarily vacating all those existing storm drain and sewer easements in Lots 329, 330, Y, Z and AA of Hidden Vista Village Subdivision under the Street Vacation Act of 1941 SUBMITTED BY: Director of Public Works/City Engineer REVIEWED BY: City Manager �,� / (4/5ths Vote: Yes No x ) In conjunction with a proposed condominium project, the developers of Hidden Vista Village Subdivision granted sewer and storm drain easements within Lots 329, 330, Y, Z and AA on Subdivision Map No. 10051 . Subsequent to the recordation of the map, the land was sold. The new owners have proposed to build a project with a different layout. Consequently, the easements must be vacated to accommodate that new layout. The new easements have been prepared and are ready for acceptance by the City. RECOMMENDATION: That the Council adopt the subject resolutions ordering the summary vacation of the existing easements, accepting the new easements, and refund the unexpended balance of the $1 ,190.00 fee for processing the summary vacation of applicant. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On March 4, 1981 , the final map for Hidden Vista Village Subdivision was approved. Watt Industries, the developer at that time, had planned a condominium project at East "H" Street and Hidden Vista Drive. Access and sewer easements were granted to the City on the map to serve the proposed project. Subsequently, Watt Industries sold this property. Great American Development Co. has acquired ownership. The present owner has proposed a new apartment project for the same site. That project is known as the Beacon Cove. The owner is granting new storm drain and sewer easements to the City to serve the project. The original easements will not be used and may now be vacated. By letter dated April 8, 1985, Graves Engineering of San Diego, acting as agent for the owner, applied to the City to vacate the easements as granted on the original subdivision map. The prescribed fee of $1 ,190.00 for processing the vacation was paid at that time by a check from Great American Development Co. Page 2, Item 8a, b Meeting Date 6/4%85 In accordance with Section 8333 of the California Streets and Highways code, the City Council may summarily vacate a public service easement if the "date of the acquisition (3/4/84) is less than five years and more than one year immediately preceding the proposed vacation and the easement was not used continuously since that date." Section 8335 of the Code states that: a) the legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this Chapter by adopting a Resolution of Vacation, b) the Resolution of Vacation shall state all of the following: 1 ) That the vacation is under this Chapter. 2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. 3) The facts under which the summary vacation is made. 4) That from and after the date the Resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement. Inasmuch as the easements being vacated are strictly for public sewer and storm drains, the vacation action does not affect any other utility company. All the utility companies have been notified, however, of the request for vacation. Grants of easements to the City for sewer and storm drain have been prepared by the owner's engineer. The legal descriptions have been checked by this department and have been found acceptable. They are now ready for acceptance by Council . It was found that additional street right-of-way is needed to accommodate the public sidewalk and handicap ramp at the curb return at the main entrance off East "H" Street. The grant of easement form has been executed and is now ready for acceptance by Council . The applicant has requested that the Council consider a lower fee than the prescribed $1 ,190.00 for the vacation of streets and easements. The current fee is supposed to cover the costs incurred by the City to set a public hearing with all its appurtenant posting and publishing notices. Inasmuch as the summary vacation process involves much less time, it is recommended that the City refund any unused portion of the fee after staff time and overhead costs are figured. A transparency showing the subject easements is available for Council viewing. FISCAL IMPACT: If approved by Council , a refund of the unused portion of the $1 ,190.00 fee will be paid to Great American Development Co. (100-0730-5420) . JWH:fp/PV007 WPC 1530E c_ = c_ 7/ , r/1 by the City Council of �a- Chula Vista, California Dated ' ` Form No. F-229 12/73 CERTIFICATE OF CITY/DIRECTOR OF FINANCE Certification of Unappropriated Balance I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount $ Fund Purpose Bidder Director of Finance The City of Chula Vista Date By Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed $ 1 ,190.00 z°,e4 Director of Finance The City of Chula Vista Date 5/28/85 By Public Works/Engineering Fund 100-0730-5420 Dept./Activity Engineering Vacating existing storm drain and sewer easements of Hidden Vista Villag Purpose Bidder Great American Development Company l`y( Certificate No. 44