HomeMy WebLinkAboutReso 1987-12893~-2~~ ~z~ RESOLUTION NO. 12893
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
McKELLAR DEVELOPMENT OF LA JOLLA WITHIN
EASTLAKE I UNIT 13
The City Council of the City of Chula Vista does hereby
resolve as follows:
NO
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain grant of easement
for sewer purposes
executed by McKellar Development of Ja Jolla
dated the 20th day of January , 1987 , a
copy of which is attached hereto and by this reference made a
part hereof as though fully set forth herein, be and the same is
hereby accepted by the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record said easement in the office of the San Diego County
Recorder.
Presented by / Approv¢ias to form by
r . T~omas J. ~r/~0n, City
J p~i of ~- Attorney
PJblic Works/City Engineer
0361a
Form 320
Rev. 2-86
1035
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27th dily of January
19 8? , by the following vote, to-wit:
AYES: Councilmembers Nader, Malcolm, McCandliss, Cox, Moore
NAYES: Counci lmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers None
t-~ C~y'~f Chula Vista
ATTES~T
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12893 ,and that the same has not been amendedor repealed.
[_ /
;:' C,:ty' ~ler~k' ~'
OF
CHU VI A
CC-6~0
GP~A~;T OF EASEMENT FOR SEWER PURPOSES
FOR A VALUABLE CONSIDERATION, receipt cf which is hereby acknow-
ledged, the undersigned do/does hereby grant to the City of Chula
Vista, in the County of San Diego, State of California, an easement
and right of %,;ay for, and the right to construct, maintain, operate,
replace, remove, or enlarge a sanitary sewer and appurtenant
sturctures in, upon, over and across that certain real property
situated in the County of San Diego, State of California, and.more
particularly described as follows:
AIIAC~ED XHIBII 'A'
Together with the right to enter upon and to pass and repass over and
along said easement and right of way and to deposit tools, implements
and other materials thereon by said City of Chula Vista, its officers,
agents, and employees and by any contractor, his agents and employees
engaged by said City/ whenever and wherever necessary for the purposes
above set forth. ~ .....
It is understood and agreed by the parties hereto that the Grantee
shall inder~nify and hold the Grantor harmless against all claims for
damage or suits for loss, including costs and attorney's fees,
arising from injury to any person(s) Or property or life, caused by
or resulting from acts,, or omissions by the Grantee, its successor~
or assigns, arising'~from the construction, operation or maintenace
of the aforementioned sanitary sewer or in using, operating or
traveling over the land within the hereinbefore described Grant of
Easement.
It is further understood and agreed by the parties hereto that the
aforementioned sanitary sewer and appurtenances thereto shall be
constructed, placed or laid below the grade of natural ground,
WITCh, ESS · ~,~ ~and this __ day. of , 19
NOTE::Attach notary acknowledge- /~ ~
ment here.
PW-E-51
v 1038
EXHIBIT "A/'
LEGAL DESCRIPTION
A PARCEL OF LAND WITHIN LOT 1 OF CHULA VISTA TRACT NO. 84-9,
C~ELOT AT EASTLAKE SHORES UNIT 13, MAP NO. 11606, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE
BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE OF
NORTH 61' 03' 28~ WEST 127.23 FEET PER CHULA VISTA TRACT NO.
84-9, CAMELOT AT EASTLAKE SHORES UNIT 13, MAP NO. 11606; THENCE
NORTH 61' 03' 28" WEST 19.75 FEET ALONG SAID COURSE TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 28' 56' 32~ WEST 18.97 FEET TO
THE NORTHEASTERLY LINE OF THE 24.00 FOOT WIDE SEWER EASEMENT PER
SAID MAP NO. 11606; THENCE NORTH 61' 03' 28~ WEST 10.00 FEET
ALONG SAID NORTHEASTERLY LINE; THENCE NORTH 28' 56' 32" EAST
18.97 FEET TO A POINT ON THAT DESCRIBED HEREINABOVE CERTAIN
COURSE OF NORTH 61' 03' 28" WEST 127.23 FEET PER SAID MAP NO.
11606; THENCE ALONG SAID COURSE SOUTH 61' 03' 28" EAST 10.00 FEET
TO THE TRUE POINT OF BEGINNING.
SAFECO
i:337
STATE OF CALIFORNIA '~ TITLE INSURANCE
COUN~OF San Diego~ ss
Onthisthe 20th dayof January 19 ~7 beforeme,
the undersigned, a Notary Public in and for said County and State,
FOR NOTARY SEAL OR STAMP
personally appeared Scntt W. Parker
, personally
known to me or proved to me on the basis of satisfactory evidence to be
the Vice Presidenl, and Harry G~ Duffield
,~/"~'~ LAUREN VAN SICKLE
, personally
~ Notary Public-California
known to me or proved to me on the basis ol satisfacto,7 evidence to be SAN DIEGO COUNTY
Vice Pres~t~, of the corporation that executed the within ~
instrument on behalf ( ' the corporation therein named, and acknow- "~/' ~yOomm. Ex~. Mar 16, 1990 ~
ledged to me that suci~ corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of directors
.C-OUR$~ TABLE
~,. 1039 ~ N ~°o~'z~"~ ~o.oo'
~ N 28~56'32"E 18.97'
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IRYI~E CA 92714 (Z14) 474-)400 ~1~,~.~.~,
SE~ER EASEMENT UNIT 13 ~CKELLAR - 685E26.Z9]PFz 58501 4212 05-Jen-87 16~25 / 388-0103-1
A)
CHuLA ~vIsTA SEWER EASEMENT.
CITY
OF
DI~AWN IY ! I · L !
,,,,,~ EASTLAKE I RESIDENTIAL
--- :- :-~ (EASEMENTS)
COUNCIL AGENDA STATEMENT
Item 5a, b
Meeting Date 1/27/87
ITEM TITLE: a. Resolution Approving Final Map, Subdivision
Improvement Agreement, and Supplemental Improvement Agreement
and Authorizing the Mayor to execute said agreements for Chula
Vista Tract 86-2, EastLake I Camelot ~.Unit No. 1 (ll6
Condominiums) '
b. ResolutionJ~Y¥> Accepting an easement for sewer purposes
from McKellar Development of La Jolla within EastLake I
Unit 13
ty E~ngix~Y/J J
SUBMITTED BY: Director of Public Works/Ci neer~///~j
REVIEWED BY: City Manager~ (4/5ths Vote: Yes No X )
The Final Map for CVT-86-2, EastLake I, Camelot Unit No. 1 has been reviewed
by the Engineering Department and found to be in conformance with the
Tentative Map approved by the City Council on November 26, 1985, by Resolution
No. 12262.
Approval of the Final Map will constitute the creation of ll6 condominium
units as well as acceptance of sewer easements within Camelot Unit No. 1.
RECOMMENDATION: That Council adopt resolutions as listed in the item title
of this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Final Map for EastLake I, Camelot Unit No. 1 {which is the legal document
creating 116 condominium units) is satisfactory to staff and is recommended
for Council approval. All of the conditions of approval placed upon the
Tentative Map have been met and the public improvement plans have been
completed. All necessary fees have also been paid.
All of the implementation elements of the Public Facilities and Financing Plan
have been completed. The Supplemental Agreement provides that, prior to
approval of building permits, the EastLake Development Company will pay an
interim impact fee for their fair share of: l) off-site roads, including
four-lane facilities for State Highway 125, 2) a fire station, and 3) a
community park. EastLake Development Company will also enter into an
agreement to dedicate land for the fire station and 1.5 acres for a community
park. An additional lO acres will be dedicated with EastLake II.
Page 2, Item Sa, b
Meeting Date 1/27/87
EastLake Development Company has further agreed, as a condition of approval of
its tentative map for the first phase of the Village Center, to dedicate the
land for and to construct a Transit Center; to dedicate the land for a public
library site, and to build and provide, on an interim basis, a store-front
public library facility.
The City Council in Resolution 12409, established the development impact fee
for the facilities discussed above. The current fee is $1,~41.00 for a single
family attached home. This amount will be adjusted in accordance with
changing costs of construction of facilities. The actual amount will be paid
by EastLake Development Company prior to issuance of individual building
permits.
Due to a minor revision of the sewer line through this unit, the need of an
off-site sewer easement has been created. The developer (McKellar Development
of La Jolla) has submitted the required documents necessary for the grant of
this off-site easement within the adjacent Unit 13 of McKellar site. Said
easement is now before Council for acceptance.
A plat is available for Council viewing.
FISCAL IMPACT: Not applicable.
MAY:fp/EY-217, Camelot Unit No. 1
:~PC 2571E
the City Council of
Chula Vista, California