Loading...
HomeMy WebLinkAboutReso 2017-197DOC# 2017-0560991 Recording requested Dec 01, 2017 02:59 PM by: OFFICIAL RECORDS City of Chula Vista Ernest J. Dronenburg, Jr., After recording return SAN DIEGO COUNTY RECORDER to: FEES: S0.00 City Clerk's Office PAGES: 10 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Tyshar Turner Fee Exempt - Gov't Code 6103 This space for Recorder's use only RESOLUTION NO. 2017-197 RESOLUTION NO. 2017-197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATING THE EMERGENCY ACCESS EASEMENT OVER PARCEL 2 OF PARCEL MAP NO. 17802 (SEAWORLD AQUATICA) WHEREAS, Sea World, LLC. has requested the vacation of the emergency access easement located over parcel 2 of Parcel Map No. 17802, as described on Exhibit "A" (Property); and WHEREAS, an emergency access easement was granted to the City of Chula Vista per Parcel Map No. 17802, recorded December 24, 1996; and WHEREAS, section 8333(c) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate a public service easement if the easement has been superseded by relocation and there are no public facilities located within the easement; and WHEREAS, the aforementioned easement has been superseded by relocation and there are no public facilities located within the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: That, after considering the evidence submitted, it finds that the emergency access easement located within the Property has been superseded by relocation and that there are no in-place public facilities within the easement that would be affected by the vacation. 2. That, pursuant to section 8333(c) of the California Streets and Highways Code, it orders the summary vacation of the emergency access easement located within the Property, described and depicted in the attached Exhibit "B." 3. That it directs the City Clerk to cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder. Upon such recordation, the easements vacated shall no longer constitute public service easements and such vacations shall be complete. Presented by Kellyoug ton, FASLA Director of Development Services Approved as to form by C, �:�: en R.'690gins tyAtto ey Resolution No. 2017-197 Page No. 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of November 2017 by the following vote: AYES: Councilmembers: Aguilar, Diaz, McCann, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla 14 .4J-4,1" il'�� ATTEST: ImayorMary Sa Kerry . igelow, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2017-197 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of November 2017. Executed this 7th day of November 2017. Kerry K. B low, M C, City Clerk Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required APN(s Exhibit A Resolution No. 2017-197 Page No. 3 This Space for Recorder's Use Only C.V. File No. EASEMENT FOR EMERGENCY ACCESS PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California, an easement and right-of-way for an emergency access way in, upon, over, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT 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 set forth above. Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of privately -owned pipelines shall be prohibited unless written permission is first obtained from the City of Chula Vista. Signed this day of , 20 Resolution No. 2017-197 Page No. 4 (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property conveyed herein to the City of Chacla Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. DONNA NORRIS, CITY CLERK IM Date: Modified 11/09/2017 C. l UserslshereekUppDatalRoaminglL5lTemp la08ak2l-9414-4a1d-a44b-a9d41dc616a1.doc Exhibit B Resolution No. 2017-197 Page No. 5 EXHIBIT A EMERGENCY ACCESS EASEMENT — LEGAL DESCRIPTION CITY OF CHULA VISTA THAT PORTION OF PARCEL 2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17802, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1996, IN BOOK OF PARCEL MAPS AS FILE NO. 96-644568, DESCRIBED AS FOLLOWS; COMMENCING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID PARCEL 2, SAID ANGLE POINT ALSO BEING AN ANGLE POINT IN THE SOUTHERLY LINE OF ENTERTAINMENT CIRCLE (FORMERLY SPYGLASS HILL ROAD); THENCE ALONG SAID EASTERLY LINE NORTH 01°07'19" EAST, 30.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 86°18'48" WEST, 305.70 FEET; THENCE NORTH 58°39'56" WEST, 117.50 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LIINE TO WHICH BEARS NORTH 31°20'04" EAST; THENCE NORTH WESTERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 31 001'49", AN ARC DISTANCE OF 5.42 FEET; THENCE TANGENT FROM SAID CURVE NORTH 89°41'45" WEST, 48.20 FEET TO THE BEGINNING OF A 30.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO WHICH BEARS SOUTH 00°18'15" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID 30.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 34°55'07", AN ARC DISTANCE OF 18.28 FEET TO A POINT OF REVERSE CURVATURE OF A 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO WHICH BEARS NORTH 35°13'21" WEST; THENCE WESTERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 61057'17', AN ARC DISTANCE OF 10.82 FEET TO A POINT OF REVERSE CURVATURE OF A 32.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO WHICH BEARS SOUTH 26°44'56" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 32.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 14°04'15", AN ARC DISTANCE OF 7.86 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 77°19'19" WEST, 62.35 FEET; THENCE NORTH 12'40'41" WEST, 7.00 FEET; THENCE SOUTH 77019'19" WEST, 35.65 FEET TO THE BEGINNING OF A 62.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO WHICH BEARS SOUTH 12°40'41" EAST; (CONTINUED) Resolution No. 2017-197 Page No. 6 EXHIBIT A EMERGENCY ACCESS EASEMENT — LEGAL DESCRIPTION CITY OF CHULA VISTA THENCE WESTERLY ALONG THE ARC OF SAID 62.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 25005'21", AN ARC DISTANCE OF 27.15 FEET; THENCE TANGENT FROM SAID CURVE NORTH 77°35'20" WEST, 21.70 FEET; THENCE NORTH 12°24'40" EAST, 12.00 FEET; THENCE SOUTH 77°35'20" EAST, 21.70 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO WHICH BEARS SOUTH 12°24'40" WEST; THENCE EASTERLY ALONG THE ARC OF SAID 50.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 25°05'21", AN ARC DISTANCE OF 21.89 FEET; THENCE TANGENT FROM SAID CURVE NORTH 77°19'19" EAST, 35.65 FEET; THENCE NORTH 12°40'41" WEST, 1.00 FEET; THENCE NORTH 77019'19" EAST, 62.35 FEET TO THE BEGINNING OF A 12.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO WHICH BEARS SOUTH 12°40'41" WEST; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID 12.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 77°00'00", AN ARC DISTANCE OF 16.13 FEET; THENCE TANGENT FROM SAID CURVE NORTH 00°19'19" EAST, 53.53 FEET; THENCE SOUTH 89°40'41" EAST, 20.00 FEET; THENCE SOUTH 00°1919" WEST, 58.12 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO WHICH BEARS NORTH 89°40'41" WEST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 90°01'04", AN ARC DISTANCE 15.71 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 89°41'45" EAST, 53.20 FEET TO THE BEGINNING OF A 12.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 00018'15" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 12.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 31 °01'49", AN ARC DISTANCE OF 6.50 FEET; (CONTINUED) Exhibit B Resolution No. 2017-197 Page No. 7 EXHIBIT A EMERGENCY ACCESS EASEMENT — LEGAL DESCRIPTION CITY OF CHULA VISTA THENCE TANGENT FROM SAID CURVE SOUTH 58°39'56" EAST, 117.58 FEET; THENCE SOUTH 86°18'48" EAST, 299.88 FEET TO SAID EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE SOUTH 01°07'19" WEST, 20.02 FEET TO THE TRUE POINT OF BEGINNING. PREPARED BY ME OR UNDER MY SUPERVISION DALE C. GROSS, PLS 7632 d 114 -< coo 00LO k2 ri 00 of ' (Y% 00Vo 1� J PO � r- c" �i4 fL 7 " '120'1� rJ 0 i r r� m I i - ti by�rr, i i tip z` II` zOm~Z: L1 a o -L ��m�ZW I I� n v� 1 I� o pO mac) -A I 19 � C)2 N ins d fry 00 ril cn 1 Ico v I Ido � fZri cf) a 1201 � U 1L21 ENTERTAINMENT CIRCLE - oZ '—`------_ oo m i ---1 ,n1'� I m 1 z 1 cn z ! W 245 a m z_ z O N D X = -hp cn Z cn CO7t N COr� � -A Cn Page No. 9 Z o i m � -fa � N o � 0 N o co c�;, rn rn � Chit � 20 N C�Ji w C�.1 o O �_ ^? w�� O O V p V pip o N 0 COi7 z �—Oj O � C) o c0 O N t,� Q _ 00 r v N p cro oro ori Cris -ch. C. � O >c Z 1r alco 00 J O �D W 00 PD � V_ l _V Cn Cn -� co ca � co -4, z' NNze VSA \\"^ y0 cn Z m y N O n ti � V � -hp cn Z cn CO7t N COr� � -A Cn oho v ov � to � -fa � N o � 0 N o co c�;, rn rn � Chit � p a N C�Ji w C�.1 o O �_ ^? w�� O O V p V pip o N 0 COi7 z �—Oj � V � -hp cn Z cn CO7t N COr� � -A Cn oho v ov � to � -fa � N o � 0 N o co '►a GZj p n a Uri_ � Chit O O p � O GZ) -hp � � O o CO7t N COr� � -A Cn oho v ov � to a 0 y a o 0 N 0 o 0 N 0 ti 0 o 0 0 0 o 0 N 0 o � c., c0po_ � cn rn