HomeMy WebLinkAbout1994/08/09 Item 13
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item I J
Meeting Date 8/9/94
Resolution 17 &Ptuitclaiming in fee a portion of Lot 4, Map 12999 to Laura
Alison-Sanibelle Partnership, L.P. and Authorizing the Mayor to Execute the deed
on behalf of the City.
Resolution J 7" tt1anting an easement for maintenance purposes over a portion of
Lot D of Map 12757 to the Sanibelle Condominium Association and authorizing the
Mayor to execute the grant of easement on behalf of the City.
R I. I?t- J 6. hm . " h." C.
eso utton Approvmg encroac ent permIt lor wroug t-Iron lence on Ity
Open Space property and authorizing the Director of Parks and Recreation to execute
same on behalf of the City.
Director of Public Works ~ (/
Director of Parks and Rer~ti~
City ManagerJ4 ~~J
(4/5ths Vote: Yes_No X )
On November 9, 1993, Council approved, by Resolution 17301, a boundary adjustlnent for the Sanibelle
development to adjust the lot line common to Lot 4 of the subdivision and the adjacent City owned open
space, Lot D. The developer granted in fee, a portion of Lot 4 to the City and the City executed a deed
granting a portion of Lot D to the developer. However, the condominium plan filed by the developer with
the State Real Estate Office and not processed through City staff and recorded by the County Recorder did
not reflect this adjustlnent. Since most of the condominium units within Lot 4 have been sold, it would now
be quite difficult to process and file an amended condominium plan. The developer would therefore like
to reverse the exchange of property and record reciprocal maintenance easements between the City and the
Sanibelle Condominium Association. In addition, an encroachment permit for wrought-iron fence on City
Open Space land would need to be approved.
RECOMMENDATION: That Council approve the grant of easement, quitclaim deed and encroachment
permit and authorize the Mayor to execute the quitclaim deed and grant of easement and authorize the
Director of Parks and Recreation to execute the Encroachment permit on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On November 9, 1993, Council adopted Resolution 17301 approving a boundary adjustlnent for the Sanibelle
development located between Hidden Vista and Terra Nova Drives (see Attachment A). The resolution also
authorized the Mayor to execute grant deeds conveying to the developer a portion of open space Lot D of
Map 12757. To complete the boundary adjustlnent, the developer had executed deeds granting in fee
portions of Lot 4 of Map 12999 to the City.
Subsequent to the approval of the boundary adjustlnent by Council, the developer recorded their
condominium plan and sold 11 of 14 condominium units utilizing the legal description of the property prior
to recording of the deeds for the boundary adjustlnent. This situation is causing problems in that the
condominium plan and legal description of condominium lots sold to the homeowners do not match the lot
}3.)
Page 2, Item I J
Meeting Date 7/19/94
as boundary adjusted. The developer has indicated that correction of these documents would be extremely
difficult to accomplish because they would have to obtain the signatures from each of the condominium
owners who have purchased homes. Consequently, the developer has requested that the boundary adjustment
be reversed.
In order to complete the developer's request and achieve the original goal to maintain the area, the following
would have to be accomplished (see Attachment "A"):
1. The City would have to grant back to Laura Alison-Sanibelle Partnership, L.P. (LASP) that portion
of Lot 4 of Map 12999 granted to the City by (LASP) recorded on January 31, 1994 by File No.
1994-0068777.
2. The LASP has executed a quitclaim deed for that portion of Lot D of Map 12757 which the City
authorized to be granted to LASP that was executed by the Mayor but never recorded. This is
needed to assure that the record will be clear on. the reverse of the boundary adjustment process.
3. The City would have to grant an easement to the SCA to allow maintenance of the wrought-iron
fence which has been installed within the area. This provides a permanent ability for the wrought-
iron fence to remain.
4. The SCA would have to obtain an encroachment permit from the City to maintain the wrought-iron
fence within Open Space property. This permit would also include hold harmless clauses to protect
the City from suits associated with the encroachment on open space land owned by the City.
5. The SCA must grant an easement to the City to allow maintenance of the area that is adjacent to the
open space and outside of the wrought-iron fence to allow the open space district to maintain the
area. This portion of Lot 4 is within a slope which appears to be part of the open space.
The Sanibelle Condominium Association has executed or granted all of the required documents.
The end result of this process, if approved by Council, will result in the SCA being allowed to retain their
wrought-iron fence within open space Lot D of Map 12757 and the City being able to maintain a small
portion of Lot 4 of Map 12999 which was graded as a slope and should be maintained as Open Space.
Plats and slides are available for Council viewing.
FISCAL IMPACT: All fees and costs are paid by the developer.
Attachments:
~ Plat of iron fence encroachment& Location of transfer of Land (AttachmentB)
\ Plat of lot line adjustment (Attachment A)
...), Copy of Resolution #17301
\ Easement Deed for a portion of O.S. Lot D for maintenance purposes from the City to SeA.
.~;;ted3/8/94
File No. ER-220
WPC F:\home\engineer\agenda\sanibell.lmc
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00
EASEMENT TO BE
GRANTED TO SCA.
I
LASP TO QUITCLAIM
RIGHTS TO SAID
LAND EVEN THOUG~
DEED NEVER RECO DED
TO CLARIFY TITLE.
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NOT~ ~
CIRCLED NUMBERS 0
REPRESENT NUMBER D
ITEMS IN THE AGENlJA
STATEMENT. \
DRA WING HAS BEEN
EXAGERATED IN THE
EAST-WEST DIRECTION.
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\ ADJUSTED
I BOUNDARY
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\ ELlMINA TED
\ REVERSING T,
\ THE BOUNDAR
\ADJUSTMENT.
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PORTION OF LOT
4 GRANTED TO
THE CITY WITH
RECORDED DEED.
CITY TO QUIT
CLAIM FEE TITLE TO
LASP WITH SCA GRANT-
1NG AN EASEMENT
TO THE CITY.
AREA IS A SLOPE
AND BLENDS WITH
ADJACENT SLOPE
IN LOT D. (OPEN
SPACE)
ORIGINAL LOT
BOUNDARY
o
WROUGTH-IRON
FENCE IN PLACE TO
REMAIN WITH AN 4
ENCROACHMENT
PERMIT FROM THE
CITY.
ADJUSTED
BOUNDARY.
00
.wQQp FENCE
'X-- _ "*"
CRISTA.
ATTACHMENT A 1:J:1 //3-6
SANIBELLE PROJECT.
DATE: TITLE:
7 26 94
DRAWN BY:
J.P.P.JR.
2X\~ :~,\:'>< DIUi()
C:\\1I~() DEL RIO SOt:TH \UHlR!'\L\ ')2IllX..1XX::'
SUITE .:'.:'(1
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FAX (JIlj 2ljJJ()56
R{LI-IM COMMLNITIE'-)
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March 8, 1994
city of Chula vista
Engineering Department
276 Fourth Avenue
Chula Vista, CA 91910
y t; A R S
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Attn: Eugena Franco
Re: Sanibelle Boundary Adjustments Along Hidden vista Drive
(Lots 4, Map No. 12999 and "D", Map No. 12757)
Dear Eugena:
As we have discussed recently, we would like to work out a
satisfactory arrangement of the situation which has arisen. It
appears that the situation at present is unworkable.
currently, the Deed (copy enclosed) which was recorded January 31,
1994, as File No. 1994-0068777 conveyed a portion of Lot 4, Map No.
12999 to the City of Chula Vista, as depicted on the adjustment
plat. The deed was to have conveyed the city a portion of Lot 4,
which then was to have been excluded from the condo plan. The
portion of Lot D, Map No. 12757 which the city was to have conveyed
to the developer was to have been included in the condominium plan
and then the developer was to have conveyed out the units in Lot 4
(and the portion of Lot D acquired from the city) to the purchasers
of the Phase 4 condo plan.
However, the Deed to the city was recorded after 11 of the 14
condominiums in Phase 4 had already been deeded out. Further, the
condominium plan does not exclude the portion of Lot 4 which has
now been deeded to the City; also, it did not include the portion
of Lot D which was to have been acquired from the city.
At this time, the deed which was to have been recorded by First
American, where the City conveys the portion of Lot D to the
developer, together with the deed from, the developer to the
developer ( The "Boundary Adjustment Deed") have been returned to
the city, as now inappropriate.
The recommendation we have received from Roy Provence of First
American to rectify the situation goes as follows:
1. Have the City dee4 back to the developer the portion of Lot 4
conveyed to the city. This corrects the potential conflict
between the city and purchasers of units in Phase 4. The
conveyance should be by Grant Deed.
Jj~f
2~L;'i ~AN DIL(j{)
CAMl!\O lliT RIO SOllTH CALJF()R~J.I\ 'J2!UK-:;XK2
SITlT. _)~II
hl<J ::'9_~. 7(j'){)
I'AX lilY ~(n-_\O'i(J
mFHM COMMLNITIE')
city of Chula vista, Engineering Dept.
Attn: Eugena Franco
March 8, 1994
Page 2
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YEA R S
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2. Have the Homeowner's Association for Sanibelle grant the City
an easement for maintenance purposes over the portion of Lot 4
where the boundary adjustment was to have been created. The
association has powers under CC&R's to grant certain easements
in the common area.
3. Have the city grant a corresponding easement for maintenance
purposes to the Homeowner's Association over the portion of Lot
D which the developer was to have acquired. Then the
association can be responsible for the maintenance, etc. of the
area.
After you have reviewed this proposal, please contact me at (619)
293-7090 and I will have the correcting documents prepared.
Essentially, the legal descriptions will be quite similar to the
ones already prepared, except for minor revisions and changes
characteristic of easement interests as opposed to fee title.
Thank you for your attention to this and your cooperation.
sincerely,
~uckdi' c2lw/~
Dave Garske
project Manager
DG/tf
cc: Alice Cummings - Brehm communities
Roy Provence - First America Title
IJ~t
Recording requested by and
please return to:
City Clerk
City of ChuIa Vista
P.O. Box 1087
ChuIa Vista, CA 91912
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[ ] This instrument benefits the
City, only. No fee required.
APN(s) 592-220-04
EASEMENT FOR LANDSCAPE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Print Name(s) 5n 11 " be U (' 01 Y'clo t'Vl, Y'I " I I y'V"\ A 'S'St) (" ; (. 4- I' C1 ,/\
hereby grant(s) 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 plant, maintain, replace, or remove landscaping
in, upon, over and across that certain real property situated in said City of Chula Vista and more
particularly described as follows:
PER A IT ACHED 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 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.
~"'~.~~~
~--<'/~ (Notary Acknowledgmentrequirtd for each signatory.)
n1nn:;'~:~;;1~7iR';~1r'i:';:~1'p;:,op;;.;y'.g~tryUJ;;;g~fo"J.';"&W~j'8."",;t;'Vi1%':''::1~V:;:;~=;;~~ry:7iJ;;;~1;Y;;~X;p;:tb;'''f;
untUTSigned, Dry Qerk. on behalf of Ihe Chula Vista Dry Council pursuanll0 authoriry confen'ed by Resolution No. 15645 of said Council
adopled on June 5, 1990, and lhe granlee(s) consenl(s) 10 lhe recordation lhereofby ils tbdy auzhorized officer.
,19.2-j
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BEVERLY A. AUTHELET, CITY CLERK
By:
Date:
(M:\HOME\ENGINEER\LANDDEV\EASE.GV)
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Sanibelle Condominium Association,
A California Non- TOfi ulll Benefit Corporation
By:
Its: ;;?-,...;/r-:h/T
.
Date: TVYle ~ /9? ~/
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~~~~ -
9~ C? /79)/'
J:J"Y
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS IN LOT 4 OF CHULA VISTA TRACT NO. 89-14
SANIBELLE, ACCORDING TO MAP THEREOF NO. 12999, ALL IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 4 THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT 4 SOUTH 31 059'40" EAST A DISTANCE
OF 12.49 FEET;
THENCE LEAVING SAID LINE SOUTH 73054'15" WEST A DISTANCE OF 38.02 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 4, SAID POINT BEING
ON A 792.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 36020'13" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01008'17" A DISTANCE OF 15.74 FEET TO THE BEGINNING
OF A COMPOUND 1763.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 35011'56" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00040'43" A DISTANCE OF 20.89 FEET TO THE POINT OF
BEGINNING.
))-9
&. INDICATES 7.5' WIDE TREE PLANTING .&,NO
IoWNTEMMlCE rASEt.4ENT GRANTED PER l.4AP 10051
/
".0.8.
THE t.IIOST NORTHERLY CORNER
Of lOT -4 PER MAP 12999
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e. _ 01'22'la'"
R _ 800.00'
l- 19.15'/
e. _ 00'05'14"
R _ 1758.00'
l _ 2.6B'
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LOT 5
NOTES
LOT 2
.&.. INOlCAttS CENERAL UTlUTY AND ",CCESS EASEMENT
GRANTED PER w,p 12757
./1:,.
&
INDICATES ACCESS fASEt.4ENT GRANTED
PER WAf' 12757
INDICATES OP(N SPA.CE EASEMENT RESEf'"oIED fOR THE
HOIolEDWNERS ASsocv..TION PER MAP 12757
LOT 1
MAP NO. 12999
BONITA ROAD
HIDDEN VISTA"
DIRV(
TERRA NOVA
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TABULATION DATA
NO. DELTA/BEARING RADIUS LENGTH
1 01'08'17' 792.50 15.74
00'40'43" 1763.50 20.89
3 00'41'22" 1771.00' 21.31'
4 08'30'35" 792.50' 117.71 '
5 3720'33" 20.00' 13.03'
SCALE: 1" 80'
PROJECT
SITE
STREET
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VICINITY
MAP
NO SCALE
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Nieto
Consulting
Engineers, Inc,
EXHIBIT "B"
MAINTENANCE EASEMENT
Civil Engineering. Planners. Surveyors
9675 Businesspark Avenue. Suite 110. San Diego, California 92131
Phone (619) 536-5622 Fo" (619) 536-5624
JOB NO. 3803
DWG. EXHIBIT1.DWG
DATE: 5-11-94
SHEET 1 OF 1
13-10
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
THE CITY OF CHULA VISTA
ATTN:
SAME AS ABOVE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .~?~.~::-.!.?...~~.~~...!.~!~~........,
...... Computed on the consideration or value of property conveyed: OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
MAIL TAX STATEMENTS TO:
City of Chula Vista
Signature of Declarant or Agent determining lax - Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LAURA ALISON - SANIBELLE PARTNERSHIP, L.P., a California Limited Partnership
"GRANTOR"
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
THE CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL CORPORATION
the real property in the City of
County of
CHULA VISTA
SAN DIEGO
, State of California, described as
SEE LEGAL DESCRIPTION ON THE ATTACHED EXHIBIT "A"
THE PURPOSE OF THIS INSTRUMENT IS TO TERMINATE AND EXTINGUISH ALL RIGHT OF GRANTOR IN ~~
TO THE PROPERTY DESCRIBED IN THE ATTACHED EXHIBIT "A", ARISING FROM THAT CERTAIN GRANT DEED
FROM THE CITY OF CHULA VISTA TO GRANTOR, DATED AND EXECUTED DECEMBER 3, 1993, WHICH IS
NOT RECORDED, AND DESCRIBES SAID LAND.
Dated
JULY 13, 1994
SEE SIGNATURE PAGE ATTACHED AS EXHIBIT "E"
STATE OF CALIFORNIA
COUNTY OF
On
}
}ss.
}
before me,
personally appeared
personalty known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity{ies), and that by his/her/their signa.
ture(s) on the instrument the person(s) or the entity upon behalf of which
the person{s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
/;1-1/
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1085 (1/94)
EXHIBIT "All
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA, AND IS IN LOT "D" OF
CHULA VISTA TRACT NO. 89-14, SANIBELLE, ACCORDING TO MAP THEREOF NO.
12757, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT D,
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 45009'12" EAST A
DISTANCE OF 5.86 FEET;
THENCE LEAVING SAID LINE SOUTH 49017'23" EAST A DISTANCE OF 14.00 FEET;
THENCE NORTH 38024'07" EAST A DISTANCE OF 107.64 FEET TO THE
BEGINNING OF A 799.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 05042'13" A DISTANCE OF 79.54 FEET;
THENCE NORTH 73054'15" EAST A DISTANCE OF 18.26 FEET TO A POINT ON THE
WESTERLY LINE OF SAID LOT 4, SAID POINT BEING ON A 792.50 FOOT RADIUS
CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
36020'13" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 08030'35" A DISTANCE OF 117.71 FEET;
THENCE SOUTH 45009'12" WEST A DISTANCE OF 28.50 FEET;
THENCE SOUTH 35000'OO"WEST A DISTANCE OF 64.35 FEET;
THENCE NORTH 44050'48" WEST A DISTANCE OF 18.84 FEET TO THE POINT OF
BEGINNING.
/j"/~
EXHIBIT "B"
SIGNATURE PAGE
LAURA ALISON - SANIBELLE PARTNERSHIP, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: LAURA ALISON, GENERAL PARTNER, L.P. NO.1,
A CALIFORNIA LIMITED PARTNERSHIP, General Partner
BY: Hearthstone Advisors, Inc.,
a California Corporation, General Partner
BY:
Cl01
L,J. ~~'-c>> (),
Richard O. Werner,
0~
Chairman and CEO
13-/J
...........................................................................................................
Thl. .pa.. for I..ord.r'a u.., only
Chula VI.,a 'art. and ..er..tton Dept.
Open lIMe. Encroach..nt
City of Chul. Vi.ta
'.0. 10. IOa7
Chul. YI.t., CA '2012
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Wh.n ,a.ord.d. pl.... ..II thl. to:
...........................................................................................................
AUTHORIZATION FOI E.CROACMMENT II elT' cpr. SPAeE LAND
( yr )
Appll..tlon f..: ,
....Ipt 101
'napo. tl on f... ,
....1 pt 101
Inc,oa.haont '.ralt 10.
'ur,u'M to Ch.pter 17.01 of tho
Sanibelle Condominium
Chul. VI.u lIunl.lp.1 Cod" poral..lon Ia hr.by ,r.nted
Associati'ti'do ..ork ..lthln a portion of opon .pa.. I.nd
to:
bolonglng to tho City of Chula VI.t..
All t.r.. and .ondltlon.
ah.ll run with tho I.nd.
of thl. paralt .. to tho paroltt.. .h.11 bo a burd.n upon paraltt..,. I.nd .nd
All .0ndl~lon. .~IY to paraltt.. .nd .11 ...tgn. or .u.....or. In Int.r..t.
Wh.r.... tho paralU" h~. r.qu..t,td tho paralulon of tho City of ehul. VlaU to .ncro..h on tho City
opan .pa.. land .dJ...nt, to .nd for tho dl"ct bon.flt of tho fOIl",lng d...rlbod
proparty: 'Dortion of Lot D of Chu1a Vista Tract no. 89'-'14 (A......r. "r..l
Sanibe11e
10.1.)
592-220-11
)
to do tho
following wort: encroachment of an existing rod iron fence -see attached exhibits
low. th.r.for., In .on.ld.r.tlon of th.lr autual proal.... .nd oth.r food and .olu.bla .....Idor.tlon. tho
,.rtl.. h.r.to .,r.. .. follow.:
'.ral..lon I. h.r.by ".nt.d to In.t.11 tho .bov....ntlonod .ncro..haont on tho ,..1 proporty of tho City
do..rlbtd .bov. In ...ord.n.. with tho fOll",lng .ondltlon.:
T. ,.Id In.t.ll.tlon .h.II, In no ...y Int.rf.r. ..tth .ny ..I.tlng utility, Including .tora dr.ln line.
0lIntd .nd ..Inulned by tho City. Any .h.n,.. of ony utility duo to t", 'naull.tlon of tho
poraltt..,. prlv.t. f..llltl.. .h.ll bo .t tho aol. .apona. of tho poraltt... T". onero,."..nt ah.11
bo lnat.ll.d .nd ..Int.lned In . ..f. .nd ..nlt.ry ..nnor .. dot.ralned by tho City.
Z. II. I nt.n.n.., ,...v.1 or "I...tlon of tho .bov....ntlon.d lnaullott'on of tho prlv.tI ".lIltl..
....11 bo tho .01. r..pon.lblllty of tho paroltt.., or 1..... .t no ..pon.. to tho City.
lIPC 15101
1:1..)11
I......'...... ""'Oft'
",. I of 2
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3. Slid Inltallatlon shaLL con10r. to the atandarda of the City of Chute Yilta and ahalL confor. to the
regulations .1 ..t forth herein:
I.
Thl. ptr.lt I. r.voc.bl. upon thirty (SO) dly. wrltt.n notlc. to tho ptr.ltt... .nd upon .uch notlc..
tho '",toll.tlon ouU be r'lIvod, or r.l...tod, .. MY be .ptclflod by, tho ptraluor .t ptraIU....
..ptn.. .t tho IIld tlM. 'If tho ptr.lu.. foil. to r_v. or r.loc.U tho .ncro.ch..nt within tho
ptrlod .llott.d. tho City MY C'UI. .uch work to be don. ond tho COlt th.r.of oholl be lopol.d 01 0
ll.n upon tho p.r.ltt.... property.
"r.ltu. h.r.by ogr... to Inde."lfy .nd hold hor.l... the City of Chulo Vloto. .. Ind.onltee. lto
alectfYI and appolntlvl boarda, officer., 1,lntl and ..loy.... frOll any Uab1lUy for d..... or
clat.. for lIS.ute for per.onl' Injury, 'nc'Ydln, ..th, .1 ...Ll .1 frOll cll'.' for property d."lt
"Meh ..y .rt.. f,OII thia ~r..lt. whether due to operltton. of per.ftt.., .or by . lubeontractor, or
lubeontractor., or by any on..of aG.r. peraone directLy or IndIrectly .-played by, or Ictfng .. ...nt
for per.tUte, or any lubeontr.cto, or lubeontractor., or frOll fnde.,U..'. MllI,.nce. ,.,.Ut..
o,re.. to, ond Ih.ll' defend the City of Chulo VIIt. ond Itl elective ond oppolntlve 1>oords. offlc....
a,.ntl and 'MPloy.el, frO. any luits or Ictlon. by law, or inequity for d~"8" caul.d, or all.g.d to
ha". been cauled, by' rea,lon of the afore.aid operations.
The und.rslgned permltt.e hereby ICC.pt. the for.goln, .ncrolchMnt por.lt upon the terls obov. .et
forth Ind Igre.. to III of the condltlonl ond cov.nonto on lto plrt to be ptrfor.ed. It II
understood and 8gfted that, in addition to the above concHtionl, III applicable conditions of the
City of Chule VI.tl Cod. or. Incorporlted horeln by r.f.r.nc. II ,If .et out In full. It II further
I,reed thet If Iny pert of thlo Interfer.. with the futuro ule of tho right of w.y by tho gen.rel
public. It OUlt be reloved. or reloclted. o. d..Ignlt.d by the City. ot the ..penle of the per.itt.e.
Sanibelle Condominium Association
APPLICANT A California Non- Profit DIRECTOR OF 'ARlS AND RECREATION
Hutual Benifit Corporation CITY OF CNULA VISTA
ty
/
Dot.
AUelted by:
(Appllcont: Attlch opproprllte
notlry ocknowl.dg..nt)
t.v.rly A. Auth.let,' City Clerk
10TE:
'.rllttee I. to .ubolt 0 ch.ck or IIney order payoble to County of Sen Dle,o In the Ilount of 15
for flr.t p.ge. S2 for .Ich eddltlonll peg.. Including Juret, for recordetlon of thll per.lt.
1.1-1..5
IIPC 1580R
!..~_! ~ -!L1~, J~,n \_
'e._ 2 of 2
;1'
i
/
/
/
/
""'~ EXIST 7,5' TREE PLANTING
I \ ",AND MAINTENANCE EASEMENT
~IT. ~ ~
~" "ST.
T
~ ~t('
~ -''<.f7
<t;",~..
~~
TABULATION DATA
DELTA/BEARING RADIUS
09' 3S'52" SOO,oo
05'42'13"' 799,00
S 3S'24'07 W
LENGTH
134,71
79,54
107,64'
A.P.N, 592-220- 1
existing ~od.ir n
t~1ng
NO.
1
3
R
L =
LOT
MAP NO.
<2
P,OB,
(MOST WESTERLY
CORNER Of LOT "[)"
MAP NO, 12757)
"
"
S49' I 7'23"' E
14,00'
N44'50'48"W
18,S4'
MAP
SCALE: ," = 50'
PROJECT
T ",r SITE
STIl(ET
.&.
b:,.
.1,.
NOTES:
INDICATES GENERAl UTIUTY AND ACCESS EASEloIENT
GRANTED PER MAP 12757
INDICATES ACCESS EASEloIENT GRANTED
PER MAP 12757
INDICATES OPEN SPACE EASEloIENT RESERVED fOR THE
HOlolEOWNERS ASSOC~nON PER MAP 12757
~
VICINITY MAP
NO SCAU
II
~
Nieto
Consulting
Engineers, Inc.
Civil Engineering. Planners. Surveyors
9675 8usinesspork Ayenue. Suile 110. San Diego, California 92131
Phon. (169) 536-5622 fox: (619) 536-5624
JOB NO, 3803
DWG. EXHIBITl ,DWG
DATE: 5-11 -94
SHEET 1 or 1
IJ--//,
~
On:lerNo.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SANIBELLE CONDOMINIUM ASSOCIATION
MAIL TAX STATEMENTS TO:
SAME AS
ABOVE
SPACE ABOVE THIS UNE FOR RECORDER'S USE
EASEMENT
*
DOCUMENTARYTRANSFERTAX$ Nl.l.NE:::MS.EMEN1..l.lJ:ll,.:Y--
.....Computed on the consideratiOn or value of p<operty conveyed; OR
.....COmputed on the consideration or value less liens or
encumbrances remaining al time of sale
*NO CONSlDER-
Signalure of Declarant or Agent_rmining tax-Finn Name Ai ION
APN: S""I'2- 1-2.0- II
TRA:
GRANT DEED
FORA VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
hereby GRANT(S) to
SANIBELLE CONDOMINIUM ASSOCIATION,
BENEFIT CORPORATION
CHULA VISTA
A CALIFORNA NON-PROFIT MUTUAL
the real property in the City of
County of
SAN DIEGO,
State of California. described as
AN EASEMENT FOR THE PURPOSES AND ACCORDING TO THE LEGAL DESCRIPTION
SHOWN ON THE ATTACHED EXHIBIT "A".
Dated
THE CITY OF CHULA VISTA
A MUNICIPAL CORPORATION
STAlEOFCAUFORNIA
COUNTY OF
On
I
In.
I
before me,
pemnally appeared
personally known 10 me (or proved to me on the basis of oaliIfaclol)'
evidence) to be the pemn(l) whose name(l) laIare subscribed to the
within Instrument and acknowledged to me lIlal hallheIlhey executad lhe
same In hlalherlllleir authorized capaclly(Ias). and lIlal by h_rltheir
signature(l) on the Inltrumenlthe person(l) orilla anlily upon behaW of
whlch the pemn acted, axecuted the Inltrument.
WITNESS my hand and oIIiclal..a'
Signlture
/ :J - I 7 (This area for otlIcia' notarial ..a~
MAIL TAX STATEMENTS AS DIRECTEDABOVE
1002 (1194)
.
EXHIBIT -A-
An easement and right of way for, and the right to plant, maintain,
replace, or remove landscaping in, upon, over and across that
certain real property situated in said City of Chula Vista and more
particularly described as follows:
THAT PORTION OF LOT D OF CHULA VISTA TRACT NO. 89-14
SANIBELLE, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12757, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 11, 1990, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT D; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LOT D, NORTH 45009'12"
EAST A DISTANCE OF 5.86 FEET; THENCE LEAVING SAID LINE SOUTH
49017'23. EAST A DISTANCE OF 14.00 FEET; THENCE NORTH
38024'07. EAST A DISTANCE OF 107.64 FEET TO THE BEGINNING OF
A NON-TANGENT 799.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 43016' 08. WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 05042'13. A DISTANCE OF 79.54 FEET; THENCE NORTH
73054'15. EAST A DISTANCE OF 18.26 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID LOT D, SAID POINT BEING ON A 792.50
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 36020'13. WEST; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08030'35" A
DISTANCE OF 117.71 FEET; THENCE SOUTH 45009'12. WEST A
DISTANCE OF 28.50 FEET; THENCE SOUTH 35000'00. WEST A DISTANCE
OF 64.35 FEET; THENCE NORTH 44050'48. WEST A DISTANCE OF 18.84
FEET TO THE POINT OF BEGINNING.
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 Sanibelle
Condominium Association, its officers, agents and employees and by
any contractor, his agents and employees engaged by said Sanibelle
Condominium Association whenever and wherever necessary for the
purposes set forth above.
(R:\HOMa\IRGIHlaa\LANDDIV\SAMXBaLL.GV)
1:3"'/Y
/
/
/
/
^'~ EXIST 7.5' TREE PLANTING
/ \ ",AND MAINTENANCE EASEMENT
~
TABULATION DATA
DELTA/BEARING RADIUS
09'38'52" 800.00
05'42'13" 799.00
S 38'24'07" W
LENGTH
134.71
79.54
107.64'
LOT
MAP NO,
o
12757
<?
/
P.O,B.
(MOST WESTERLY
CORNER OF LOT "D"
MAP NO. 12757)
"
"
S49', 7'23" E
14.00'
N44'50'48"W
18.84'
JvlAP
BONITA ROAD
HIDD[N VISTA
DIRV(
EAS7 H"
/. "
1-~ STREtT
<9a1>15'
is'''
'"
SCALE: 1" 50'
7(RRA NOVA
IV
NOTES:
PROJECT
SITE
S7R(rT
.6:,.
INDICATES GENERAL UTILITY AND ACCESS EASEMEN7
GRANTED PER MAP 12757
~
VICINITY MAP
fA
&,
INDICATES ACCESS EASEMENT GRANTED
PER MAP 12757
INDICATES OPEN SPACE EASEMENT RESERVED FOR THE
HOMEOWNERS ASSOCIATION PER MAP 12757
NO SCALE
II
~
Nieto
Consulting
Engineers, Inc.
EXHIBIT "B"
MAINTENANCE EASEMENT
Civil Engineering _ Planners. Surveyors
9675 Businesspork Avenue. Suite 110. Son Diego, California 92131
Phone (169) 536-5622 Fox: (619) 536-5624
JOB NO. 3803
DWG. EXHIBIT1.DWG
DATE: 5-11-94
SHEET 1 OF 1
)3-/f
WHEN RECORDED MAIL 10
N~. I I
'n", Brehm Communi ti es
~,~, 2835 Camino del Rio South
Ci<, Sui te #220
~~" Lsan Di ego, CA 92108 -1
RECORDER'S USE ONLY
ORDER NO.
ESCROW NO.
QUITCLAIM DEED
The undersigned grantor(s) dedare(s):
DOCUMENTARY TRANSFER TAX !~ $
( ) COMPUTED ON FULL VAWE OF PROPERTY CONVEYED. OR
( ) COMPUTED ON FULL VAWE LESS LIENS &
ENCUMBRANCES
REMAINING THEREON AT TIME OF SALE.
) Unincorporated Area _ City of
lax Parcd No. 592-220-11
FOR A VAWABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL CORPORATION
hereby remises, releases and quitclaims to
LAURA ALISON - SANIBELLE PARTNERSHIP, L.P., a CALIFORNIA LIMITED PARTNERSHIP
the following described real property in the County of San Diego , State of Califorma:
SEE LEGAL DESCRIPTION ON THE ATTACHED EXHIBIT "A".
Note: This deed is being recorded to reverse a portion of a boundar)' adjustment
approved by Council Resolution 17301 and recorded on Janua~1 31, 1994 by
File No. 1994-0068777
Dated:
Tim Nader, Mayor
City of Chula Vista
STATE OF CALIFORNIA
County of
On this day of
said County and State, personally appeared
, 19 _, before me, the undersigned, a Notary Public in and for
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person _ whose name _
subscribed to this instrument and acknowledged that executed the same.
I :1...~O
WITNESS my hand and official seal.
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS IN LOT 4 OF CHULA VISTA TRACT NO. 89-14
SANIBELLE, ACCORDING TO MAP THEREOF NO. 12999, ALL IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 4 THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT 4 SOUTH 31 059'40" EAST A DISTANCE
OF 12.49 FEET;
THENCE LEAVING SAID LINE SOUTH 73054'15" WEST A DISTANCE OF 38.02 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 4, SAID POINT BEING
ON A 792.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 36020'13" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01008'17" A DISTANCE OF 15.74 FEET TO THE BEGINNING
OF A COMPOUND 1763.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 35011'56" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00040'43" A DISTANCE OF 20.89 FEET TO THE POINT OF
BEGINNING.
/3-~1
RESOLUTION NO. J 7&-1Jg/'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA QUITCLAIMING IN FEE A PORTION OF
LOT 4, MAP 12999 TO LAURA ALISON-SANIBELLE
PARTNERSHIP, L.P. AND AUTHORIZING THE MAYOR TO
EXECUTE THE DEED ON BEHALF OF THE CITY
WHEREAS, on November 9, 1993, Council approved, by
Resolution 17301, a boundary adjustment for the Sanibelle
development to adjust the lot line common to Lot 4 of the
subdivision and the adjacent City owned open space, Lot D; and
WHEREAS, the developer granted in fee, a portion of Lot
4 to the City and the city executed a deed granting a portion of
Lot D to the developer; and
WHEREAS, however, the condominium plan filed by the
developer with the State Real Estate Office and not processed
through city staff and recorded by the County Recorder did not
reflect this adjustment; and
WHEREAS, since most of the condominium units within Lot
4 have been sold, it would now be quite difficult to process and
file an amended condominium plan; and
WHEREAS, the developer would therefore like to reverse
the exchange of property and record reciprocal maintenance
easements between the city and the Sanibelle Condominium
Association.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby quitclaim in fee a portion of Lot
4, Map 12999 to Laura Alison-Sanibelle Partnership, L.P.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized to execute the deed on behalf of
the city to the property shown on the attached map.
Presented by
Approved as to form by
Bruce M. Boogaard, City
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\sanbelle.1
12..4-/
RESOLUTION NO. 17/,p1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING AN EASEMENT FOR
MAINTENANCE PURPOSES OVER A PORTION OF LOT D
OF MAP 12757 TO THE SANIBELLE CONDOMINIUM
ASSOCIATION AND AUTHORIZING THE MAYOR TO
EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE
CITY
WHEREAS, on November 9, 1993, Council approved, by
Resolution 17301, a boundary adjustment for the Sanibelle
development to adjust the lot line common to Lot 4 of the
subdivision and the adjacent city owned open space, Lot D; and
WHEREAS, the developer granted in fee, a portion of Lot
4 to the city and the City executed a deed granting a portion of
Lot D to the developer; and
WHEREAS, however, the condominium plan filed by the
developer with the State Real Estate Office and not processed
through City staff and recorded by the County Recorder did not
reflect this adjustment; and
WHEREAS, since most of the condominium units within Lot
4 have been sold, it would now be quite difficult to process and
file an amended condominium plan; and
WHEREAS, the developer would therefore like to reverse
the exchange of property and record reciprocal maintenance
easements between the City and the Sanibelle Condominium
Association.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby grant an easement for maintenance
purposes over a portion of Lot D of Map 12757 to the Sanibelle
Condominium Association.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute the grant of easement on behalf of the City
of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
of Public Works
Bruce M. Boogaard, City
Attorney
)3/]. /
RESOLUTION NO.
I?~/IJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN ENCROACHMENT PERMIT
FOR WROUGHT-IRON FENCE ON CITY OPEN SPACE
PROPERTY AND AUTHORIZING THE DIRECTOR OF PARKS
AND RECREATION TO EXECUTE SAME ON BEHALF OF
THE CITY
WHEREAS, on November 9, 1993, Council approved, by
Resolution 17301, a boundary adjustment for the Sanibelle
development to adjust the lot line common to Lot 4 of the
subdivision and the adjacent City owned open space, Lot D; and
WHEREAS, the developer granted in fee, a portion of Lot
4 to the City and the city executed a deed granting a portion of
Lot D to the developer; and
WHEREAS, however, the condominium plan filed by the
developer with the State Real Estate Office and not processed
through City staff and recorded by the County Recorder did not
reflect this adjustment; and
WHEREAS, since most of the condominium units within Lot
4 have been sold, it would now be quite difficult to process and
file an amended condominium plan; and
WHEREAS, the developer would therefore like to reverse
the exchange of property and record reciprocal maintenance
easements between the City and the Sanibelle Condominium
Association; and
WHEREAS, in addition, an encroachment permit for wrought-
iron fence on city Open Space land would need to be approved.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an encroachment permit for
wrought-iron fence on City Open Space property.
BE
Recreation is
city of Chula
IT FURTHER RESOLVED that the Director of Parks and
hereby authorized to execute same on behalf of the
vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
/3C-1