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HomeMy WebLinkAboutReso 1986-12798 2266 12798 RESOLUTION NO. RHSOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING OFF-SITE EASEMENTS FOR SEWER, DRAINAGE AND ACCESS PURPOSES IN CONJUNCTION WITH EASTLAKE I UNIT 20 The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept those certain off-site easements for sewer, drainage and access purposes in conjunction with EastLake I Unit 20, copies of which are attached hereto and incorporated herein by reference as if set forth in full. 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 easements in the office of the San Diego County Recorder. Presented by Approved as to form by Jp~Lo''~~~'nte°~r°f Attorney Ch 2147a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of October 19 86 , by the following vote, to-wit: AYES: Councilmembers Malcolm, HcCandliss, Cox, Moore, Campbell NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers None Mayor~e City of Chula Vista /'. City Clerk C; 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 12798 ,and that the same has not been amended or repealed  ~/ City Clerk OF CC-660 · :.' pl('~se return to: ~ 'Jennie M. Fulasz p.q. Box 1087~ ~GRA~T .OF EASEMENT FOR SEWER PURPOSES Chula Vista, CA FOR A VALUABLE CONSIDE~TION, receipt of ~hich is her'eb~ 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 way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant structures 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: 86 561299 (See attached Exhibit "A") .... RECORDEBIN~ OFFICIAL RTr:O ~DS I 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. tt is understood and agreed by the parties hereto that the Grantee shall indemnify and hold the Grantor harmless against all claims for damage of 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 successors or assigns, arising from the construction, operation or maintenance of the aforementioned sanitary sewer or in using, operating on 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. WITNESS my hand__ this 2~stday of OCTOBER ,19 86 Bonita Long Canyon Partnership By: McMillin Development~ Inc. NOTE: Attach notary acknowledge- ment here. Llo H~i, Senzor Vic~ Presl nt PW-E-51 ~ ~LYeven ~. M~G{ll]~e President 7/7 2252 A 10.00 FOOT WIDE STRIP OF LAND WITHIN LOT 205 AND LOT "F" OF CHULA VISTA TRACT NO. 86-3, BONITA LONG CANYON UNIT NO. 3, RECORDED AS MAR NO. 11602, AS FILED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENrlERLINE OF WHICH IS DESCRIBED: P~RCEL~i BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF RANCHO DE LA NACION PER MAP NO. 166 AND MAP NO. 815, BOTH RECORDS OF SAID COUNTY WITH THE SOUTHERLY LINE OF FRACTIONAL SECTION 28, TOWNSII1R 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN; THENCE NORTH 17' 52' 12" WEST 994.33 FEET ALONG SIAD RANCHO LINE TO TIlE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RANCHO LINE NORTB 76' 06' 34" WEST 165.23 FEET TO POINT "A"i THENCE NORTH 66' 39' 20" WEST 340.00 FEET. THE EASTERLY TERMINI OF THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE EXTENDED OR SHORTENED TO TERTMINATE ON SAID EASTERLY LINE OF RANCHO DE LA NACION. EXCEPTING THEREFROM '£HAT PORTION LYING WITHIN LOT "F" OF SAiD HAP NO. 11602. PARCEL 2 . A PORTION OF LAND WITHIN SAID LOT 205 WITH THE POINT OF BEGINNING ' AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE NORTH 23' 20' 40" EAST 35.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 66' 39' 20" EAST 6.00 FEET; THENCE SOUTH 23' 20' 40" WEST 18.93 FEET; THENCE SOUTH 26' 22' 57" EAST 22.93 FEET TO A POINT ON THE NORTHERLY LINE OF SAID HEREINABOVE PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 76' 06' 34" WHST · . 16.50 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NOHTI] 66' 39' 20" WEST 15.59 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 68' 20' 40" EAST 14.14 FEET; THENCE NORTH 23' 20' 40" EAST ' 20.00 FEET; THENCE SOUTH 66' 39' 20" EAST 6.00 FEET TO TRE THUE POINT OF BEGINNING. STATE OF CALiFORNiA COUNTY OF SAN DIEBO 388. 0104 . 06/jw-4 2254 A 10.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 28, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN TRE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTH HALF OF TRE SOUTH HALF OF SAID FRACTIONAL SECTION 28 AND THE EASTERLy LINE OF RANCHO DE LA NACION, AS SHOWN ON THE MAPS RECORDED AS MAP NO. 166 AND MAp NO. 815 IN THE OFFICE OF THE COUNTY RECORDER, IN SAID COUNTY; THENCE SOUTHERLY ALONG SAID EASTERLY 9ANCHO LINE SOUTH t7' 52' 12'~ EAST 380.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RANCHO LINE SOUTH 76' 06' 34" EAST 148.91 FEET TO A POINT ON THE EASTERLy LINE OF AN 80.00 FOOT WIDE LIS UENDINS AS DESCRIBED IN SUPERIOR COURT CASE NO. 494340 RECORDED NOVEMBER 2, 1982 AS FILE NO. 82-337~62 OF OFFICIAL RECORDS. THE WESTERLy TERMINI OF THE SIDE LINES SHALL BE EXTENDED OR 225~ -- '-u- ii I I 2. D:r,~ in,~ ~e E,~ ~e~e~t 3. D:c,~n.~e Acc~ Eazement / R. M. V. ~ '- ......... EASTLAKE I RESIDENTIAL DAT~ ~-'~-~ (EASEMENTS) 1) SEWER ACCESS AND MAINTENANCE EASEMENT. DRAWN BY TITLE __ ~. o~,-~E EAST LAK E ! RESIDENTIAL ~RANT'OF EASEMENT - FOR ACCESS PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement for access upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: (See attached Exhibit "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 o££icers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary ~or the purposes above set forth: WITNESS hand rhi ~ ,~ .... c CAT. NO. NNO0$~ TO 1~4 CA I? 82} ~"~Tffl.e INSURANC~ (Corpo~tion asa ,'armor of a Pa~nership) 2 2 5 ~ On ~ ~/5~ ~ ~; / q ~((~ -~ before ~ the undemigned, a Nota~ Public in and for said State. pcrsonally appeared /(/('~ :~ ~ ~ %/'?c c ' ~'~'.: [~-- ' ~ pc~ona[ly known to me c~ ?~c"~ te me en ~e b~ :f ::d~f~:~cG' :~:~-to be ~e person who executed [thewth n nsuument as the k~' . ~c. / 5'/"( President a d f/ ~'F, ~ ,-/ ~ ~, thc parme~hip tha~ executed such pa~ncrship executed the same. WITNESS my hand and offici~ sc~. Signature { ~ ~ F~ ~'?~.' 4 A ,¢ / ,J~ (This area for offici~ notari~ ~) IN WITNESS WHEREOF, I have hereunto sec my hand and aff[xed my o~ftcta~ sea~, at my office tn the County o~ San Diego, ~he day and year tn CMs certificate first above N6-tary Public in and for the Cofinty of San Diego, State of California PW-E-9 ~ 2260 Exhibit "A" · LEGAL DESCRIPTION .A STRIP OF LAND WITHIN FRACTIONAL SECTION 28, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHUI~ VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE BOUndARY OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH BALE OF SAID FRACTIONAL SECTION 28 AND THE EASTERLY LINE OF RANCHO DE LA NACIONr AS SHOWN ON THE ~PS RECORDED AS MAp NO. 166 AND MAp NO. 815 IN THE OFFICE OF THE COUNTY RECORDER, IN SAID COUNTY; THENCE SOUTHERLY ALONG SAID EASTERLY RANCHO LINE SOUTH 17' 52' 12" EAST 1108.85 FEET; THENCE LEAVING SAID EASTERLY RANCHO LINE NORTH 72' 07' 48" EAST 106.17 FEET TO THE TRUE POINT OF BEGINNING; (1) THENCE NORTH 14' 14' 00' EAST 31.94 FEET; (2) THENCE NORTH 42' 37' 40" WEST 72.62 FEET; (3) THENCE NORTH 47' 22' 20" EAST 10.00 FEET; (4) THENCE SOUTH 42' 37' 40" EAST 18.32 FEET; (5) THENCE SOUTH 75' 46' 00" EAST 158.52 FEET; (6) THENCE SOUTH 34' 32' 00" EAST 293.60 FEET TO A POINT ON THE EASTERLY LINE OF THE 80.00 FOOT WIDE LIS PENDENS AS DESCRIBED IN SUPERIOR COURT CASE NO. 494340 RECORDED NOVEMBER 2, 1982 AS FILE NO. 82-337862 OF OFFICIAL RECORDS; (7) THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE SOUTH 30' 01' 11" EAST 160.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY WITH A RADIUS OF 2950.00 FEET; (8) THENCE SOUTHEASTERLY 372.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7' 14' 13"; (9) THENCE LEAVING SAID EASTERLY LINE SOUTH 13' 30' 43" EAST 110.89 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY WITH A RADIUS OF 222.00 FEET, THE RADIAL TO SAID POINT BEARS SOUTH 15' 16' 09" EAST; (10) THENCE EASTERLY 48.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12' 35' 35# TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 2950.00 FEET, ON THE EASTERLY LINE OF THE SAID 80~00 FOOT WIDE LIS PENDENS, THE RADIAL TO SAID POINT BEARS SOUTH 50' 30' 56" WEST; (11) THENCE SOUTHEASTERLY 28.54 FEET ALONG SAID CURVE TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY WITH A RADIUS OF 250.00 FEET, THE RADIAL TO SAID POINT BEARS SOUTH 29' 12' 41" EAST; (12) THENCE LEAVING SAID EASTERLY LIS PENDENS LINE WESTERLY 68.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15' 41' 58"; (13) THENCE TANGENT TO SAID CURVE SOUTB 76' 29' 17" WEST 13.19 FEET; (14) THENCE NORTH 13' 30' 43" WEST 147.31 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY WITH A RADIUS OF 2965.00 FEET, THE RADIAL TO SAID POINT BEARS SOUTH 53' 02' 45" WEST; (15) THENCE NORTHWESTERLY 358.85 FEET ALONG TANGENT TO SAID CURVE NORTH 30' 01' 11" WEST 159.41 FEET; (17) THENCE NORTN 34' 32' 00" WEST 203.92 FEET; (18) THENCE NORTH 75' 46' 00# WEST 175.63 FEET TO THE TRUE POINT OF BEGINNING. ~ GRANT OF EASEMENT ~ FOR DRAINAGE PURPOSES DocUMENTARY T~NSFE~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 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-way for, and the right to construct, maintain, operate, replace, remove, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State o£ California, and more particularly described as follows: (See attached Exhibit "A") COUNTy OP ' /,/, '~/ .'c, ~ /' ,'~/ '~( before~me, the undc~igned, a Nota~ Public in and for .......... · onea an~ sworn, personally appeared~T subscirbed to the within instrument, and~he ~ duly IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate tirst above written. 7 . ~ ', Exhibit "A" .... ~64 ~ LEGAL DESCRIPTION A 10.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 28, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID FRACTIONAL SECTION 28 AND THE EASTERLY LINE OF RANCHO DE LA NACION, AS SHOWN ON THE M~%PS RECORDED AS MAp NO. 166 AND MAp NO. 815 IN THE OFFICE OF THE COUNTY RECORDER, IN SAID COUNTY~ THENCE SOUTHERLY ALONG SAID EASTERLY RANCHO LINE SOUTH 17' 52' 12" EAST 1013.75 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 72' 07' 48# EAST 97.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 42' 37' 40" EAST 99.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY WITH A RADIUS OF 45.00 FEET; THENCE EASTERLY 60.78 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77' 23' 31"; THENCE TANGENT TO SAID CURVE NORTH 59' 58' 49~ EAST 80.00 FEET TO A POINT ON THE EASTERLY LINE OF THE 80.00 FOOT WIDE LIS PENDENS AS DESCRIBED IN SUPERIOR COURT CASE NO. 494340, RECORDED NOVEMBER 2, 1982 AS FILE NO. 82-337862 OR OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY TERMINI OF THE SIDE LINES SHALL BE EXTENDED OR SHORTENED TO TERMINATE ON THE EASTERLY LINE OF SAID 80.00 FOOT WIDE LIS PENDENS. 2265 ., 2268 · GRANT OF EASEMENT FOR SEWER PURPOSES DOCU~ENTARYTRANSFE~.i~Z!~ ~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 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-way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant structures 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: (See attached Exhibit "A") (Corporation as a Partner of a Part. ership) " ~' '~' 6 9 STATE OF CALIFORNIA ~ ~nco. m~., On r/ ~/c ~: fi ,//~?, /J ~)5~ : b~fose me, t~ undemigned, a Nota~ Public in and for said State, personally appeared [ /'~ / C x personally known to me or ?i~,d t ..... ' the within ins~ument as the~,--. ~ r~c:-2 ~. fl,. b ..... f ..dof~ct~.y ~.;d ..... to be ~e person who executed (< ~i r ~ ~ C the p~tnenhip that executed the withi'h instru~gnt, and acknowledged to me that such corporation executed the same as such pmer and ~at such pa~nership executed the same. WITNESS my hand and officiM seal. (This ~ea for offieifl notarifl ~g) ~ITNESS hand t ~ts day or , EastLake Development Company A ~a, lifornia Partnership Robert Santos NOTE: Attach nota[Y acknowledge- ment here. Senior Vice President PW-E-5I STATE QF C.~LLIFORNIA ). ) ss COUNTY OF SAN DIEGO · ~''// '-, before me~ On th~s/,/, day o ~ 19,. a Notary Public in and for the said County of San Diego, State of California, res~ng therein, duly commissioned and sworn, personally appeared ~.~ ~;~/;~ personally known to me to be the person whose name &~ subscribed to the within instrument, and ~ he ~duly acknowledged to me that ~ he -- executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. Nbta~y Public in and fo~ the COunty of San Diego, State of CalifoFnia COUNCIL AGENDA STATEMENT Item 16 Meeting Date 10/28/86 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 84-9, EastLake I Unit 17 (81 single family units) b. Resolution Approving Final Map, Subdivision Improvement Agreement, and Supplemental Improvement Agreement and authorizing the Mayor to execute said Agreements for Chula Vista Tract 84-9, EastLake I Unit 18 (62 single family units) c. Resolution Approving Final Map, Subdivision Improvement Agreement, and Supplemental Improvement Agreement and authorizing the Mayor to execute said Agreements for Chula Vista Tract 84-9, EastLake I Unit 20 (73 single family units) d. Resolution/~7~j~ Accepting off-site easements for sewer, drainage and access purposes in conjunction with EastLake I Unit 20 SUBMITTED BY: Director of Public Works/City Engineer ~/ _ Manager~ (4/Sths Vote: Yes__No X ) REVIEWED BY: City The Final Maps for CVT 84-9, EastLake I Units 17, 18, and 20 have been reviewed by the Engineering Department and found to be in conformance wi th the Tentative Map approved by the City Council on February 19, 1985, by Resolution No. 11935. Approval of the Final Maps will constitute the creation of all lots as well as the acceptance of all sewer, drainage, and access easements as shown on said Maps. RECOMMENDATION: That Council adopt resolutions as listed in the item title of this report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Final l.laps for Units 17, 18, and 20 Iwhich create 81, 62, and 73 single family lots respectively) have been reviewed by staff and are 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 approved. All necessary fees have been paid, and all bonds have been posted. Page 2, Item 16 Meeting Date ~6 Off-site easements are also required to be granted to the City in conjunction with Unit 20 Final Map. These easements are: a. Sewer easement within Bonita Long Canyon Unit No. 3 Subdivision. b. Sewer easement within future £astLake I Unit 19 (a continuation of the sewer easement mentioned in item a above). c. Drainage easement within Unit 19. d. Access easement to drainage facilities within Unit 19. All documents for the above mentioned easements have been properly executed, notarized, and submitted to the City. 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 the community park. An additional l0 acres will be dedicated with EastLake II. EastLake Development Company has further agreed, as a condition of approval of the Tentative Map for the first phase of the Village Center, to: {1) dedicate the land for and to construct a Transit Center; and {2) 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 $1,527.00 for a single-family detached 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. A plat is available for Council viewing. MAY:fp/EY224 Units 17, 18 & 20 WPC 2361E he City Council of Chula Vista, California