HomeMy WebLinkAboutReso 1990-15593P'~cording Requested By: 1991-0298598
Stewart Title Company iJ
~en R~cord%d Mail To: ~00~ >2C--~
The City of Chula Vista
276 Fourth Street
Chula vista, Ca 92010
RESOLUTION NO. 15593
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE VACATION OF A PORTION OF HILLTOP DRIVE NORTH
OF BONITA ROAD SUBJECT TO PAYMENT OF MONETARY VALUE
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, as part of the subdivision development on the property bounded
by "E" Street, Bonita Road and Hilltop Drive, the owners have requested the
City to vacate the east half of Hilltop Drive north of Bonita Road, and
WHEREAS, at its meeting of April 17, 1990, the City Council held a public
hearing to consider the vacation, and
WHEREAS, the City Council directed staff to obtain appraisals and
negotiate with the developer in an attempt to establish a sale price, and
WHEREAS, staff has obtained an estimate of opinion of value based on a
drive-by by an appraiser working with the City, which value ranges from
$75,000 to $149,000, and
WHEREAS, the developer has been required to put in certain improvements
including additional curb, gutter, paving and sidewalk, and
WHEREAS, the developer has been required to dedicate the area at the
northwest corner of the property which contains the eucalyptus trees to the
City for open space, and
WHEREAS, this dedicated area is larger than the area to be vacated, and
WHEREAS, the vacation will eliminate the City's annual maintenance costs
and will put the property back on the tax rolls, and
WHEREAS, based on the above considerations, staff recommends that the
City Council establish a value of the property at $25,000 in order to vacate
the right-of-way to the developer, and
WHEREAS, in accordance with Section 8322.B of the Streets and Highways
Code, it is recommended that the street be vacated upon payment to the City of
$25,000 by the developer, and
WHEREAS, competitive bidding is impractical because the parcel in
question is a remnant and would be useless as a developable parcel to anyone
except the developer.
2002
Resolution No. ]5593
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby establish a price of $25,000 as the value of the portion of
Hilltop Drive north of Bonita Road to be vacated and order the vacation of
that portion of Hilltop Drive as more particularly described in Attachment
"A", attached hereto and incorporated herein by reference as if set forth in
full.
Presented by Approved as to form by
D~ector of Public ~orks Assistant City Attorney
Resolution No. 15593
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 8th day of May, 1990 by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~y~' ~. uox, Mayor
ATTEST:
ueverIy ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, Ci~ Clerk of the Ci~ of Chula Vista, California, do
here~ certify that the foregoing Resolution No. 15593 was duly passed,
approved, and adopted by the Ci~ Council of the Ci~ of Chula Vista,
California, at a regular meeting of said Ci~ Council held on the 8th day of
May, 1990.
Executed this 8th day of May, 1990.
Beverly ~. Authelet, Ci~ Clerk
THE FOREGOING INSTRUMENT IS A
CORRECT COPY OF THE ORIGINAL ON
BEW~LY/~. ^~r'~LET, GiT¥ CL~X ~
Resolution No. 15593
Page 3
ATTACHMENT A
HILLTOP DRIVE RIGHT-OF-WAY
LEGAL DESCRIPTION
[Revised]
That portion of Quarter Section 111 of Rancho de la Nacion, in the City of Chula Vista,
County of San Diego, State of California, according to Map thereof No. 166, filed in the
office of the County Recorder of said county, May 11, 1869, being more particularly
described as follo~vs:
The portion of the westerly most 40 feet of the northwest quarter of Quarter Section 111
ly/ng between the westerly prolongation of the northerly right-of-way line of Bonita Road
and the northerly line of Quarter Section 111, as shown on Record of Survey No. 1884,
recorded in said County. Recorder's Office on July 9, 1948, in File No. 69078.
EXCEPTING therefrom, the xvesterly 0.5 feet of the above-described land, also
EXCEPTING therefrom, the following portion, more particularly described as follows:
Commencing at the northxvest corner of said quarter Section 111; thence South
17026'04'' East and along the westerly line of said quarter Section 111, a distance
of 326.89 feet to a point on the northerly right-of-way of Bonita Road; thence North
72°02'13'' East and along said right-of-way line, a distance of 0.50 feet to the TRUE
POINT OF BEGINNING; thence North 17°26'04" West along a line parallel to and
0.50 feet easterly of the west line of said Section 111, a distance of 20.09 feet to a
point of curvature of a tangent 10.00 foot radius curve, concave northeasterly,
having a radial bearing to said point of South 72033'86'' West; thence southeasterly
along the arc of said curve, through a central angle of 90°31'43", a distance of 15.80
feet; thence South 17057'47" East, a distance of 10.00 feet to a point on the
northerly right-of-way of Bonita Road; thence South 72°02'13" west and along said
right-of-way line, a distance of 10.18 feet to the TRUE POINT OF BEGINNING.
RESERVING therefrom the following easement:
To: Sweetwater Authority
Reserving and excepting from vacation and abandonment, to the Sweetwater
Authority, an easement for, and the right to install, operate, maintain, replace and
repair water facilities and the rights of ingress and egress for such purposes in that
certain real property situated in the County of San Diego, State of California, and
more particularly described as follows:
Ail of the above-described land.
No buildings and or structures will be erected, walls constructed, fences built nor
trees planted upon the easement herein described.
Resolution No. 15593 ~ 200S
Page 4 ~ ATTACHMENT A/
SEC LN
PORTION TO BE VACATED
~ o,5'
~ WESTERLY 40.00'
--R~O'
~ ' BONITA HOAO
__L.M.G.
PLA 7' OF
__ __ __ 4 - $-90 NIGH T OF .WAY k'ACA T/ON