HomeMy WebLinkAboutAgenda Statement 1984/07/03 Item 10a,b COUNCIL AGENDA STATEMENT
Item 10 a,b
Meeting Date 7/3/84
ITEM TITLE: 4'6.. Resolution //i 7 Summarily vacating all those existing
access and sewer easements in Lots 324 and 325 of Hidden Vista
Village Subdivision under the Street Vacation Act of 1941
Resolution 7/67, Accepting new access and sewer easements
in Lots 324 and 325 of Hidden Vista Village Subdivision
SUBMITTED BY: Director of Public Works/ 01/(4/5ths Vote: Yes No X )
City Engineer
REVIEWED BY: City Managel
In conjunction with a proposed condominium project, the developers of Hidden
Vista Village Subdivision granted sewer and access easements within Lots 324
and 325 on Subdivision Map No. 10051 . Subsequent to the recordation of the
map, the land was sold to Financal Scene, Inc. The new owners have proposed
to build condominiums with a different layout which was approved by Council on
April 10, 1984. 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
consider refunding the unencumbered 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 subdivision to Financial
Scene, Inc.
The new owner has proposed a new condo project for the same site. That
project is known as the Windjammer Condominiums. At its meeting on April 10,
1984, the Council adopted Resolution 11579 approving the revision to the
development plans. The owner is granting new access 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 May 11 , 1984, 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 McMillan Development Co.
Page 2, Item 10 a,b
Meeting Date //3/84
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.
All of the utility companies serving this area have been contacted regarding
the proposed vacation. Each has responded with no objections, also stating
that arrangements have been made to accommodate the relocation of their
utilities.
Grants of easements to the City for sewer and access 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 .
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 McMillin Development Co. (100-0730-5420) .
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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
4e211;14Z-4--1
Director of Finance
The City of Chula Vista
7/3/84 By
Date
100-0730-5420 Dept./Activity Engineering
Fund
Purpose Vacating all those existing access and sewer easements in Lots 324 &325
of Hidden vista village subdivision under the Street Vacation Act of 1941
Bidder McMillan Development Co.
Certificate No. 1
/7fX7$
COUNCIL AGENDA STATEMENT
Item 10 a,b
Meeting Date 7/3/84
ITEM TITLE: 4G. Resolution ///‘,i Summarily vacating all those existing
access and sewer easements in Lots 324 and 325 of Hidden Vista
Village Subdivision under the Street Vacation Act of 1941
.. Resolution //'77 Accepting new access and sewer easements
in Lots 324 and 325 of Hidden Vista Village Subdivision
SUBMITTED BY: Director of Public Works/ O (4/5ths Vote: Yes No X )
City Engineer
REVIEWED BY: City Manager
In conjunction with a proposed condominium project, the developers of Hidden
Vista Village Subdivision granted sewer and access easements within Lots 324
and 325 on Subdivision Map No. 10051 . Subsequent to the recordation of the
map, the land was sold to Financal Scene, Inc. The new owners have proposed
to build condominiums with a different layout which was approved by Council on
April 10, 1984. 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
consider refunding the unencumbered 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 subdivision to Financial
Scene, Inc.
The new owner has proposed a new condo project for the same site. That
project is known as the Windjammer Condominiums. At its meeting on April 10,
1984, the Council adopted Resolution 11579 approving the revision to the
development plans. The owner is granting new access 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 May 11 , 1984, 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 McMillan Development Co.
Page 2, Item 10 a,b
Meeting Date x/3/84
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.
All of the utility companies serving this area have been contacted regarding
the proposed vacation. Each has responded with no objections, also stating
that arrangements have been made to accommodate the relocation of their
utilities.
Grants of easements to the City for sewer and access 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 .
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 McMillin Development Co. (100-0730-5420) .
JWH:f p/PV005
WPC 1074E
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