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HomeMy WebLinkAbout1991/05/14 Item 11 COUNCIL AGENDA STATEMENT Item~ Meeting Date 5/14/91 ITEM TITLE: Resolution ,t,ISS' - Approving agreements between the City and 13* affected properties along both sides of Fourth Avenue between Kittiwake Avenue and Del Rey High School SUBMITTED BY: Assistant City Manage~ REVIEWED BY: City Manager 9i1r!J 4/5 Vote: Yes No X During FY 1989-90, former Mayor Greg Cox spearheaded a drive to convince property owners on Fourth Avenue between Kittiwake Avenue and Del Rey High School to consider dedicating without cost to the City 7 feet of right-of-way needed to construct curb, gutter and sidewalks in exchange for no cost to the property owners for the improvements (see Exhibit I). Over the past 18 months and after much discussion, agreement has been reached with 14* of the 15 affected properties, wherein each of them have signed an easement and a simple agreement offering to dedicate the needed right-of-way in exchange for the new street improvements contemplated and other respon- sibilities and conditions the City agrees to assume or guarantee as a result of the project (see Exhibit 2). Most, if not all, of the responsibility/conditions the City is agreeing to assume would be required of the City even if the City had acquired the needed right-of-way via condemnation action. As of this date, we have been successful in acquiring all the right-of-way except the right-of-way needed from the property owner located at 991 Fourth Avenue. Some of the problems surrounding this property are outlined in a letter sent to members of the City Council by the property owner's attorney under the date of April 3, 1991, and some of the alternatives that have been and are being explored regarding this property are addressed in a memo to the Mayor and City Council under date of May 7, 1991, attached as Exhibit 3. RECOMMENDATION: Adopt resolution authorizing the Mayor to execute said agreements on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION As was stated earlier, 14* of the 15 affected property owners have executed easement deeds and agreements relating to the proposed project. One property owner, Mr. George Yamada, the owner of the property located at 991 Fourth Avenue, has not come to agreement with the City as of this date. While negotiations are still underway with Mr. Yamada and his attorney, we would like to move ahead with design of the project, which will entail upwards to six months in time and, if an agreement cannot be reached we would propose to construct curb and gutter adjacent to the subject property inasmuch as 11../ we have the necessary right-of-way, but delete the sidewalk from the improvements to this property. FINANCIAL IMPACT Total funds appropriated for this project to date are $375,000, with an additional appropriation of $66,100 requested in the proposed 1991-92 Capital Improvement Budget. ERA: mab/17 *The proposed project involves a total of 15 separate property owners, but only 13 of the 14 properties now under consideration involve "conditional agreements." (The property owner at 1011 Fourth Avenue signed the dedication easement without requesting any conditions.) Also, only 13 of the 14 properties now under consideration required dedications (the property at 970 Fourth Avenue has existing right-of-way sufficient to accommodate the improvements but we are agreeing to reconstruct an existing retaining wall that will be affected by the project.) 11-2-- RESOLUTION NO.-.1(, ,~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY AND 13 AFFECTED PROPERTIES ALONG BOTH SIDES OF FOURTH AVENUE BETWEEN KITTIWAKE AVENUE AND DEL REY HIGH SCHOOL The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, during FY 1989-90, former Mayor Greg Cox spearheaded a drive to convince property owners on Fourth Avenue between Kittiwake Avenue and Del Rey High School to consider dedicating without cost to the City 7 feet of right-of-way needed to construct curb, gutter and sidewalks in exchange for no cost to the propety owners for the improvements; and WHEREAS, over the past 18 months, agreement has been reached with 14 of the 15 affected properties, wherein each of them have signed an easement and a simple agreement offering to dedicate the needed right-of-way in exchange for the new street improvements contemplated and other responsibilities and conditions the City agrees to assume or guarantee as a result of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve agreements between the City of Chula vista and the following property owners for acquiring properties along both sides of Fourth Avenue between Kittiwake Avenue and Del Rey High School, copies of which are on file in the office of the City Clerk: Daniel Medina, Jr. and Rafaela Medina Jorge De Leon and Felicitas De Leon Helen A. Lane Maurice and Denise Washburn Steven Mark Fuller and Susan Marie Fuller Bertha Jansen Steven Cordova and Caroline Cordova (2 parcels) Juan J. Ortiz and Maria G. Ortiz and Ramon P. Parra and Rafael P. Parra Bertha L. Sanders and Erma J. Thatcher Armando Villasenor and Mary villasenor George L. Villasenor and Marisol Villasenor Juan L. Machuca and Maria Esther Machuca BE IT FURTHER RESOLVED that the Mayor Chula vista is hereby authorized and directed agreements for and on behalf of the City of Chula of the City of to execu te sa id Vista E. R. Asmus, Assistant City Attorney 8843a .1.1- 3 form by presented by -Y d, City Attorney g' I ~ I i = ~ = ~ tIl ii ~ .l ot ~ , I . .." --1"t -' , - - - Exhibit 1 / ! ~~~I~ ?, Illi!5 iiiiiiij I ... J! !l: J .... ~ OJ EXHIBIT 2 Agreements with each of the 14 property owners 1/-5 ~ Form of Agreement re Delivery of Easement Deed This Agreement, made /f/z.t:11iJ . 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista. a municipal chartered corporation of the State of California ("City") and the undersigned. fee owners of the property commonly known as 398 Moss Street, and legally described in the Easement Deed attached as Exhibit A (Grantors), . For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have Occurred: 1. Construct full street improvements (curbs, gutters. sidewalks and street paving) on Fourth Avenue and north side of Moss Street adjacent to subject property. 2. Existing fence to be relocated along the new property line. 3. Existing trees may be removed or may remain. Decision to be made by City. Failing the determination by the City Council that said conditions have occurred. this Easement Deed. shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: ///....tr/<;,) .1990 G""t".L~da~., Granto~~j~aJu"----- City of Chula Vista Mayor of the City of Chula Vista Attest: City Clerk easement3 II ~/, Form of Agreement re Delivery of Easement Deed , This Agreement, made ~~ I ,199.Q'for the purposes of reference only, and effective a~jof the te last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 980 Fourth Avenue, Chula Vista, and legally described in the Easement Deed attached as Exhibit A (Grantors), For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. It is agreed that in exchange for the above dedication, George and Marisol Villasenor will not be required to pay whatever sewer connection charge may be in place at the time the property owners (George and Marisol Villasenor) wish to connect to the public sewer. 2. Both driveways to be replaced at City's cost. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: , 19911 Grantor: \..}L ~ . \) 1.0~ /" Grantor: JI!~';;lItUM~ City of Chula Vista Mayor of the City of Chula Vista Attest: City Clerk easement 11-7 CITY OF CHULA VISTA /' Form of Agreement re Delivery of Easement Deed This Agreement, llade 7; 11.J..Vwt!-&c .a t{1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 1015 Fourth Avenue, and legally described in the Easement Deed attached as Exhibit A (Grantors), For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Will build a retaining wall so front yard can remain level. 2. Provide a driveway with finish grade only slightly greater than presently exists. 3. One (1) tree to be removed and need not be replaced. 4. Fence to be relocated on top of retaining wall. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: , 199D Grantor:~~/~ G'''t''~r~ "'d'~ City of Chula Vista Mayor of the City of Chula Vista Attest: City Clerk easement6 If-t - ...,.. ~ This Agreement, made , 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the unOdersigned, fee owners of the property commonly known as 970 Fourth Avenue. 0 For reasonable and valid consideration, Grantors and City agree as follows: The City of Chula Vista intends to widen Fourth Avenue from Kittiwake Lane to the Del Rey High School. While subject property is not required to dedicate additional right-of-way to accommodate the widening effort, subject project will have impact on existing improvement.s It is therefore agreed that City will perform the following work without cost to subject property owners. 1. The newly constructed retaining wall will be located at the new property line approximately two (2) to three 0(3) feet behind the new sidewalk. It will be constructed of cement block with a plaster coating. Back filling behind the newly constructed wall will be to existing property level. 2. Removal of all large stumps in disturbed area - no holes to remain. Dated: D~d.V.',/L; to:;; , 1990 Property Owner: ~1<-LIz-~L f? S\ Cz.,,~ IJcA..L7 City of Chula Vista Property Owner:~~/JI.J 9;2LiV'dt/ Mayor of the City of Chula Vista Attest: City Clerk easement4 /1-9 - ~-,- -- / Form of Agreement re Delivery of Easement Deed This Agreement, made ~ . I ~ , 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 992 Fourth Avenue, Chula Vista, and legally described in the Easement Deed attached as Exhibit A (Grantors). For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Construct full street improvements, including paving, curb, gutter and sidewalks along the entire Fourth Avenue and Moss Street frontage, abutting subject property. 2. Construct new driveway approach and join with existing driveway to garage. 3. Relocate/reconstruct block wall at new property line on Moss Street, if necessary. 4. Permit grantor to construct and occupy a room addition, after securing normal permits, without constructing street improvements that might otherwise be required if not for this agreement. 5. It is agreed that grantor will be able to obtain the necessary permits to build a room addition so long as said plans for such addition are in compliance with all building code and zoning requirements. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. 11,/' Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: V~c I"Z- , 1990 Mayor of the City of Chula Vista Attest: Grantor: dwAIW 1M7~$ 1 (j Grantor: x ~k~L fi,lfd.-Y Grantor: XG.lfl ;';'/If.r k n:j;/ Grantor: ~"'f,[<f r;;;21--t-~~-vt" easement14 11-/1 City Clerk '. Form of Agreement re Delivery of Easement Deed This Agreement, IIade ~__ ? ~ , 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 963 Fourth Avenue, arid legally described in the Easement Deed attached as Exhibit A (Grantors), . For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. The new right-of-way line will be approximately two (2) feet behind the existing retaining wall (the wall will be allowed to remain in its present location). 2. Owners existing improvements except for relocation of existing curb, gutter and sidewalk will not be materially affected. 3. Minor modifications to existing driveway will be required. 4. The new sidewalk will abut existing retaining wall. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. " Dated: 1%./" . 1990 Grantor:.d.k:, I'~ .",to", ~...-/ City of Chula Vista Mayor of the City of Chula Vista Attest: City Clerk easement2 J/ .,-/2- Form of Agreement re Delivery of Easement Deed This Agreement. made j)e.&- .,"". . 1990 for the purposes of reference only. and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 976 Fourth Avenue, and legally described in the Easement Deed attached as Exhibit A (Grantors). For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council. exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Subject to SDG&E agreeing (we agree to negotiate with them), we will attempt to get them to consolidate the two (2) existing power poles into one, or move one pole to the property immediately north or south of subject property. 2. We will attempt to relocate the traffic signal control box to the north property line. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: 1).. '" 7"''' , 1990 Grantor:~~ 1'~.,4.,.--- G"'to~~ City of Chula Vista Mayor of the City of Chula Vista Attest: City Clerk easementS 11-/3 /'" . Form of Agreement re Delivery of Easement Deed Thh Agreement, made 11/z.r./9o , 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 1010 Fourth Avenue, and legally described in the Easement Deed attached as Exhibit A (Grantors), For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. City to construct a three (3) foot retaining wall with a three (3) foot chain link fence on top of said wall. 2. City to construct a sliding gate at south drive and swinging gate at north driveway. 3. Patio area not to be disturbed, but if it should be, it will be repaired and/or replaced. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: ///2~/ 90 Grantor: Y,0L-'7 ~,;::/'aM1-'~~ ~- , 1990 City of Chula Vista Grantor: Mayor of the City of Chula Vista Attest: City Clerk easement9 11-''1 ..~...""""". Form of Agreement re Delivery of Easement Deed This Agreement, made t'~c ~ , 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 1006 Fourth Avenue, and legally described in the Easement Deed attached as Exhibit A (Grantors), For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Relocate existing rolling gate (reduced to five (5) feet in height) to a point where a typical auto can park outside of gate without blocking sidewalk. 2. Replace existing chain link fence north of existing gate with a fiJe/(5) foot block wall over to the north property line. \ 3. Replace existing retaining wall to back of new sidewalk. 4. Existing Liquid Amber tree to remain. 5. Grading of existing drive way shall be to minimum grade possible to accommodate access to relocated gate and as flat as possible behind gate. 6. Irrigation, sewer and water systems to be restored so as to function. 7. Restore landscaping in a form negotiated by City and property owner. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: P~c. 7 , 1990 Grantor: -~//~ A /YI.1-~ City of Chula Vista Grantor: Mayor of the City of Chula Vista Attest: City Clerk easement7 11-/5 Form of Agreement re Delivery of Easement Deed This Agreement, madeL7n<t1-71&V :11 ,1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 974 Fourth Avenue, and legally described in the Easement Deed attached as Exhibit A (Grantors), _ For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Pepper and Palm trees to remain. 2. Block wall on south edge of subject property will be allowed to encroach into right-of-way to back of sidewalk. 3. Wrought iron fence located in front to be relocated behind sidewalk. 4. If encroachment permits required, all fees for processing will be waived. 5. Water meter to be located outside of relocated wrought iron fence. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: , 1990 Grantor: ><~n';~" 1(.)4,/~' Grantor: ~ ~/ 9J;~ City of Chula Vista Mayor of the City of Chula Vista Attest: City Clerk easementlO / /...1" / Form of Agreement re Delivery of Easement Deed This Agreement, made I' /.....7 , 1990 for the purposes of reference only, and effective as of'the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 395 Moss Street, Chula Vista, and legally described in the Easement Deed attached as Exhibit A (Grantors), For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Move fence to new property line. 2. City may remove trees and trim large branches. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: "I/:l 7 , 1990 Grantor: x j( ~4'v C);? t (0v.. City of Chula Vista Grantor: Mayor of the City of Chula Vista Attest: City Clerk easement 11-/1 / Form of Agreement re Delivery of Easement Deed This Agreement, made 77 tZ<f,n7!~"- :27 , 1990 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersigned, fee owners of the property commonly known as 986 Fourth Avenue, and legally described in the Easement Deed attached as Exhibit A (Grantors), '. For reasonable and valid consideration, Grantors and City agree as fonows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hearing, notice of which shall be given to the undersigned grantor, and the opportunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Will provide an extra driveway on south edge of subject property if legally possible. 2. Area behind sidewalk to remain concrete. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been delivered to the City, and the City is hereby authorized to record same. Dated: fll 'j."1 Grantor: l( (k.-f"'LZ w . "'/ , 1990 City of Chula Vista Grantor: 0~..; t;;<2/.dL j;(~ Mayor of the City of Chula Vista Attest: City Clerk easementS II-If ~ Form of Agreement re Delivery of Easement Deed This Agreement, made {II...... , 1990 for the purposes of reference only, and effective aSCii the date last executed by the parties, is made between the City of Chula Vista, a municipal chartered corporation of the State of California ("City") and the undersi9ned, fee owners of the property commonly known as 405 Moss Street, Chula Vista, and legally described in the Easement Oeed attached as Exhibit A (Grantors), For reasonable and valid consideration, Grantors and City agree as follows: Grantors of the Easement Deed attached hereto as Exhibit A hereby transfer physical possession of this Easement Deed in trust to the City, and said Easement Deed shall not be deemed to be delivered to the City unless and until the City Council, exercising their reasonable discretion, shall determine (at a public hp.aring, notice of which shall be given to the undersigned grantor, and the o~~ortunity to appear and present evidence at said public hearing shall have been afforded to the undersigned Grantor) that the following conditions have occurred: 1. Remove one large pine tree at south side of property. 2. Transplant or plant new junipers at entry. 3. Remove all large surface roots on Moss Street sideyard. 4. Remove two stumps on west end of property. 5. Relocate fence l' to 3' behind new sidewalk. 6. If encroachment permits are required, they are to be processed at no cost to the Medinas. Failing the determination by the City Council that said conditions have occurred, this Easement Deed, shall be returned to the Grantor and shall be deemed not to have been delivered to the City. Upon the determination by the City Council of the occurrence of these conditions after the required public hearing, this Easement Deed shall be deemed to have been de livered to the City, and the City is hereby authori zed to I'ecord same. Oated: If /2."7/ 'i/J , 1990 Grantor: ~.., .' ;... . , '~ ./ I _/ '/'../"i/ " City of Chula Vista Gran~'A- /-;?/1'~1 . J i/ Mayor of the City of Chula Vista Attest: City Clerk easement //,/9 CITY OF CHULA VISTA Ift._~ WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: City Clerk City of Chula Vista P. O. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. 619-051-02 ----.---- Easement for Street. Purp-oses ROBERT R. RANDEL AND EMMA F. RANDEL do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for a public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: .' SEE ATTACHED EXHIBIT "A" 'W-E-77 11....1.0 The Grantor hereby further grants to the City of Chula Vista the privilege and right to extend drainage structures and excavation and embankment slope beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construct~oh landscaping or maintenance of said public street. Dated th i s -.11r?AM. \-,,,\ ) rat, STATE OF CALIFORNIA )SS COUNTY OF s,Yl D)~() ) On ~1)<?\"'\'J2J..) /).(. /9Cf() before me, the undersigned, 'a Notary Public in and for sai~ State, personally n ~eared ~';,,~ ~. ~I to be the persong whose nam~~ subscribed to the within instrument and acknowledged that-1~e\ executed the same. WITNESS my Signature seal. t3ev~\ n fl\..t{~e[eJ Name (TYP~ or Pr~nted) II-Z/ day of ><- G >""-"'-a- .3-, iR ~<42 ~~t(fJc:i0MhJ , 19 Tt: 1011 FOURTH AVENUE EXHIBIT "A" THAT PORTION OF LOT 1 IN QUARTER SECTION 141 OF THE CITY OF CHULA VISTA, BEING IN RANCHO DE LA NACION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY, MARCH 13, 1888 DESCRIBED AS FOLLOWS: THE WEST 7.00 FEET OF SAID LOT PER SAID MAP; EXCEPTING THEREFROM THE SOUTH 160.00 FEET THEREOF, AND ALSO EXCEPTING THEREFROM THE NORTH 70.00 FEET THEREOF AS DESCRIBED IN DEED RECORDED IN BOOK 6511 PAGE 332 OF DEEDS FILED IN SAID COUNTY RECORDER'S OFFICE. MC:das (DCD1\LEGAL13.DOC) /1.,:1. Z- Exhibit 3 May 7, 1991 TO: The Honorable Mayor and City Council FROM: John D. Goss, City Manage~' /,\ / E. R. Asmus, Assistant City Manager ~ VIA: SUBJECT: Letter from Attorney Muraoka regarding Right-of-Way Acquisition from George Yamada at 991 Fourth Avenue Some time ago, each member of the City Council received a letter from Mr. Muraoka, an attorney representing George Yamada, owner of a parcel of land located at 991 Fourth Avenue. In that April 3, 1991 letter, Mr. Muraoka made a number of erroneous statements regarding our attempts to acquire 7 feet of additional right-of-way in order to construct curb, gutter and sidewalks on Fourth Avenue from Kittiwake Avenue south to the Del Rey High School. For Council's information, I would like to comment on some of Mr. Muraoka's statements, and also set forth for the City Council the true facts related to this matter: As most of you are aware, the Fourth Avenue Street Project was first budgeted in FY 1989-90. The project itself will not be comin9 to the City Council for approval but an agreement with each of the 14 property owners, except Mr. Yamada, is before you for acceptance. These agreements provide, in exchange for dedication of 7 feet of right-of-way without cost to the City, that the City will construct curb, gutter and sidewalks along Fourth Avenue without cost to the adjacent property owners. As stated in the agenda statement, we have reached agreement with all the affected property owners except Mr. Yamada. At this point in time, the City can move ahead with design of the project and constructing of all the public improvements except the sidewalk adjacent to Mr. Yamada's property. Sufficient right-of-way exists at this location to construct the curb and gutter without acquiring the additional 7 feet of right-of-way. So the City Council has a clear understanding of the impact this project will have on Mr. Yamada's property, I have included a sketch (attached hereto) which indicates that the current street right-of-way line is 9 feet from the garage door on Mr. Yamada's property. If Mr. Yamada dedicates an additional 7 feet, the new right-of-way line would be within 2 feet of the garage door. Under current circumstances, when a vehicle is parked in front of the garage, the vehicle overhangs some 8-10 feet into public right-of-way. As is clearly shown on the attached diagram, the new curb would be 12 feet from the garage door and the back of the new sidewalk would be 6 1/2 feet from the door. Contrary to Mr. Muraoka's statements, even with the existing garage door, it would not create a hazard for passing pedestrians. Over the last several months, the following alternatives have been explored with Mr. Yamada and his attorney: 1. In exchange for the 7 foot dedication, the City would provide an offstreet parking space on the south side of the existing residence. We would also replace the swingout door with an automatic roll-up type door so the resident of the home could simply push a button in his vehicle ~3 -2- and automatically raise the garage door without exiting the vehicle. To date, this alternative has not been acceptable to Mr. Yamada. 2. The City did explore, and received a written estimate or proposal from a general contractor to move the house back on the property in order to provide a greater distance from the front of the garage to the street right-of-way line. Relocation of the existing house would cost approximately $39,000 and, excluding some minor work that would probably increase this cost to +$40,000. While this alternative was acceptable to Mr. Yamada, in staff's opinion the alternative is not financially viable. 3. Staff has investigated the feasibility and possibility of allowing Mr. Yamada to close the existing garage and use the space for living quarters and construct a new garage and driveway to the rear of the property. This alternative is acceptable to Mr. Yamada, but again, a cost of $11,000-$15,000 makes the alternative not financially viable from the City's perspective. 4. A final alternative that is still being studied is the possibility of closing the existing garage door facing the street and replacing same with a new door on the north side of the garage. This alternative may be viable and may be acceptable to Mr. Yamada, but it would not provide a garage door that would accommodate parking of two vehicles in the garage. It would provide, however, space for one vehicle inside, and one (or possibly two) offstreet parking spaces in the driveway. At this date, we do not have an estimate of the cost to accomplish this alternative, but we will continue to work with Mr. Yamada to see if this is a viable alternative. Inasmuch as the City can proceed with the project without getting the additional 7 foot dedication from Mr. Yamada, we are seeking Council approval of accepting the 14 agreements from the other affected property owners, and then proceed with design of the project. When the contract is ready for award, the Council can then be advised if an agreement has been reached with Mr. Yamada, or if the project will have to go forward without constructing the sidewalk adjacent to this subject property. ERA:mab/7 II... Z If It ,~ ~ NO SCALE ft , MR. GEORGE YAMADA 991 HOUSE GARAGE - N ~PROPOSED NEW ST. R/W LINE - -----.- ~ I I[) NGW CURB LINE 12 FR. GARAGE R/W LINE - ~EXIST. BERM - f'-. r<l '0 ~ - f'-. ~ o r<l Cl - - FOURTH- AVENUE RAWN BY DATE _eT Dr -.rr. T:ITLE FOURTH AVE. IMPROVEMENT I~Fr\l: 619-010-22 I '-2-~ ,.RE,....RED .Y. ...,.,.ROVED .Y,