HomeMy WebLinkAbout1991/05/14 Item 16
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 5/14/91
ITEM TITLE: Resolution \1.,c,S- Granting easements to allow maintenance
of private drainage facilities in open space lot 245 of Rancho
Robi nhood I II and in Open Space Lot "B" of Rancho del Rey SPA
II, Phase 2, Unit 2 and authorizing the Mayor to execute the
easements on behalf of the Ci~:b.~
SUBMITTED BY: Director of Public Wor~(~
REVIEWED BY: City Manage?y~ (4/5ths Vote: Yes___No~)
Rancho del Rey Partnership is requesting that the City grant a drainage and
maintenance easement within open space to allow maintenance of private storm
drain facilities installed by Rancho del Rey SPA II development.
RECOMMENDATION: That Council adopt the resolution granting the subject
easements and authorizing the Mayor to sign the grants of easement on behalf
of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Development of Rancho del Rey SPA II, Phase 2, Unit 2 Subdivision included the
construction of two private storm drains. One of the drains connects to an
existing public system in the adjacent Rancho Robinhood III Subdivision. The
other storm drain extends offsite into the adjacent Open Space Lot 245 of said
subdivision to discharge into a natural canyon (see Exhibit A). The water
bei ng carri ed in thi s storm drain naturally flowed to the poi nt where the
water is being discharged. The developer was required by the City to extend
the facil ity offsite to a point where the existing slope was less steep in
order to minimize any erosion and sedimentation effect in the natural channel
(see Exhibit B). A homeowners association will be formed which will have the
responsibil ity to maintain the private storm drains and the private streets.
The easements will allow the homeowners association the ability to gain access
to the private storm drains including that portion within Open Space Lot 245
to provi de maintenance of those facil it i es. Si nce the Associ at i on will have
the duty to maintain the facilities, staff has not requested payment for the
easements. The gradi ng plans and the conditions requi red as part of the
encroachment permit and that are indicated in a subsequent paragraph have been
agreed upon by the Parks and Recreation Department.
There are private drainage easements across Open Space Lot B of Rancho del Rey
SPA II, Phase 2, Unit 2 Subdivision Map 12721 that have been reserved on said
Map. The proposed easement on Open Space Lot 245 is needed for the offs ite
segment of that storm drain. The homeowners association, which will be
responsible for maintaining the private system, has not been formed yet. For
that reason, the easements were not granted in conjunction with the final map
approval. The granting of said easements to the Rancho del Rey Partnership
1""/
Page 2, Item~
Meeting Date 5/14/91
with the right of granting to the future homeowners association is necessary
to permit maintenance of the storm drains which have been installed until such
time that they can be conveyed to the association.
Staff recommends that Council approve the granting of the easements on Lot 245
and Lot "6" subject to the appl icant obtaining an encroachment permit from the
City to include the following conditions:
1. Any area di sturbed by mai ntenance operations shall be restored to the
original grade.
2. Any areas, including irrigation systems, disturbed or destroyed by
materials or equipment accessing the work site shall be restored to
original condition.
3. Di sturbed areas must be reseeded with Pecoff South County, low fuel seed
mi x #51, at the producer's recommended app 1 i cat i on rate and raked into
the disturbed soil.
4. The City shall be held harmless from any damages or injuries to persons
which may occur through the installation or maintenance of these private
drainage facilities.
There are transparencies available for Council viewing.
FISCAL IMPACT: None.
WPC 5362E
I~-Z-
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING EASEMENTS TO ALLOW
MAINTENANCE OF PRIVATE DRAINAGE FACILITIES IN
OPEN SPACE LOT 245 OF RANCHO ROBINHOOD III AND
IN OPEN SPACE LOT "B" OF RANCHO DEL REY SPA
II, PHASE 2, UNIT 2, AND AUTHORIZING THE MAYOR
TO EXECUTE THE EASEMENTS ON BEHALF OF THE CITY
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Rancho del Rey partnership is requesting that
the City grant a drainage and maintenance easement within open
space to allow maintenance of private storm drain facilities
installed by Rancho del Rey SPA II development; and
WHEREAS, development of Rancho del Rey SPA II, Phase 2,
Unit 2. Subdivision included the construction of two private
storm drains, one of which connects to an existing public system
in the adjacent Rancho Robinhood III Subdivision; and
WHEREAS, the other storm drain extends offsite into the
adjacent Open Space Lot 245 of said subdivision to discharge into
a natural canyon; and
WHEREAS, it is necessary to grant easements to the
Rancho del Rey partnership with the right of granting easements
to the future homeowners association to permit maintenance of the
storm drains which have been installed until such time that they
can be conveyed to the association; and
WHEREAS, staff recommends
granting of the easements on Lot 245
applicant obtaining an encroachment
include the following conditions:
that Council approve
and Lot "B" subject to
permit from the City
the
the
to
1. Any area disturbed by maintenance operations shall
be restored to the original grade.
2. Any areas, including irrigation systems, disturbed
or destroyed by materials or equipment accessing the
work site shall be restored to original condition.
3. Disturbed areas must be reseeded with Pecoff South
County, low fuel seed mix #51, at the producer's
recommended application rate and raked into the
disturbed soil.
11,-3
4.
The city shall be held harmless
injuries to persons which may
installation or maintenance
drainage facilities.
from any damages or
occur through the
of these private
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby grant easements to allow
maintenance of private drainage facilities in open space lot 245
of Rancho Robinhood I II and in Open Space Lot "B" of Rancho del
Rey SPA II, phase 2, unit 2 on the condition, and for so long as,
conditions 1 through 4, as recommended by staff set forth above,
and incorporated herein, are complied with.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to sign the grants of easement on behalf
of the City of Chula vista.
orm by
Presented by
John P. Lippitt, Director of
Public Works
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t>RAIN~GE cAS&M&KT ,~ LOT "2A5
OF RA~c.Ho ~oeINHoOD .Dr.
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DATE
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AND WHEN RECORDED MAIL lHlS DEED AND. UNLESS
OlHER'MSE SHOINN BELO'N, MAIL TAX STATEMENTS TO'
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~8 Rancho Del Rey Partnership
~~ 2727 Hoover Avenue
ow. National City, Ca 92050
"'i:L ~
SPACE MOVE THIS LINE FOR RECORDER'S USE
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PIN
T"18 Order No.
Escrow or loon No.
CORPORATION GRANT DEED APN: 593-320-04
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DCCUMENTARYTRANSFERTAXisS 0 (Easement OnlY)C1TYTAXS
o computed on full value of property conveyed, or
o computed on full value less value of liens or encumbrances remaining at tIme of sale,
CJ Unlncorporatedarea: []. Cltyof Chula Vista and
FeR A V ALUABLE CONSIDERATION. receipt of which is hereby ocknowledged.
The City of Chula Vista, a Municipal
lID caporafion organized under the IoNs a the State of Cali fornia
heIeby GRANTS to
Rancho Del Rey Partnership, a California General partnership
the following described real property in the City of Chula Vista
County of San Diego State of California:
An easement to install and maintain private drainage facilities in a portion of Lot
245 of Rancho Robinhood III in the City of Chula Vista, County of San Diego. State
of California according to Map thereof No. 8604 on file in the Office of the
Recorder, together with the right to grant said easement to the future Home Owners
Association in conjunction with Map No. 12721.
SEE LEGAL DESCRIPTION ATTACHED
Doted
The City of Chula Vista
Municipal Corporation ~C~~
STATE OF CAJ.IFQRNIA
COUNTY OF
lss ~~
On this nay of 19_
before me. the underSllJned. 0 Notory Public in and for 50id County and Sfate
~11y oppecled
0""
~I", known tome{OI'DlovedtOmeOl1thebasisofsolls1actOlYevidence)
fo be the peISOI1S who executed !he WIthin instrumenf as
President. and Secretary on behaN 01 the corporallon
ft\efein nemed. and ocknowledged to me thai such corporation execufed fhe
$Orne. purSl.JClnt fo rts lOwS. 01' a resolution of ifS Board of D;rectors
WITNESS my hand and offICIal seal
L lty L le\!f~tOl\
Signafure
Nome (Typed or Pf;nfed)
(This 0100 for officiol notariol SOOI)
TT.102
MAIL TAX STATEMENTS AS DIRECTED ABOVE.
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J-1.1l1.9
DRAINAGE EASEMENT
By: RGS:tp
Date: August 1.7, 1.990
Page 1. of 1.
Being a portion of Lot 245 of Rancho Robinhood III in the City of
Chula vista County of San Diego, State of California according to
Map thereof No. 8604 on file in the Office of the Recorder of
said County and state, said portion more particularly described
as follows:
Beginning at the Northeast corner of Chula Vista Tract No. 89-5
Rancho del Rey SPA II Phase 2 Unit 2 Map No. 12721, thence along
the Northerly line of said Map South 72.09'47" West 283.69 feet
to the TRUE POINT OF BEGINNING~ thence conti~uing along said line
South 72.09'47" West 1.4.70 feet~ thence leaving said Northerly
line North 29.18'38" East 86.39 feet~ thence South 60.41'22" East
1.0.00 feet~ thence South 29.1.8'38" West 75.61 feet to the TRUE
POINT OF BEGINNING.
#2Lt:-~~LI0
Robert G. Schoettmer
L.S. 4324
\~-g
811515 OF BEARINGS
'-
.1'HtBASis Of BEARINGS FOR THIS PLAT IS
'THE NORTHERLY BOIINDARY OF CHULA VISTA
TRACT NO. 8'-5 RANCHO DEL REY SPA 11
PHASE 2 UNIT NO.2 /lAP NO. ~1AI
I... N 72.08'47' E
ASSESSORS PARCEL NO.
583-320-04
REFERENCE DRAWINGS
/lAP NO. 8604
LEGEND
INDICATES DRAINAGE EASENENT
ACQVIRED SHOI/N THVS:
N 60.4/'22'1/
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cHULA YJs-rA -rRAC-r NO. 8~-5
RANcHO DEL REY SPA JJ
PHAsE 2 UNJ-r NO. 2
.MAP NO. 12721
DRAINAGE EASEMENT IN A PORTION
OF LOT 245 OF RANCHO ROBINHOOD
I I I MAP NO. 8604
II....
BONITA RD.
AVENIDA
DEL REY
OTAY
LAKES RD.
TELEGRAPH
CANYON RD.
VICINITY MAP
NO SCALE
245
RANCHO
ROBJNHOOD J J J
.MAP NO. 8504
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CHULA YJs-rA -rRAc-r NO. 8~-5
RANCHO DEL REY SPA JJ
PHAsE J UNJ-r NO. 3
MAP NO. 127J7
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ROBERT G. SCHOETTNER
L. S. 4324
RDCHNGINEBRING COMPANY
!5&20 Fr ,.... R.ad.
San Dlo,o.
Coil 'orn 10 82110-2586
(618) 281-0707
PRO~ECT NUMBER ////9
SC^LE /' - SO' O^TE 8-/7-90
.
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO,
Joyce Brock
McMillin Communities
2727 Hoover Avenue
National City, CA 92050
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
llOCU\1ENTARY TRANSfER TAX s...o.Q.7....E.a.>.eJJJflo.t...Q.ol.Y
...... Computed on the consideration orvalUIl of propeny conveyed; OR
Computed on the consideration or value less liens or Incumbrances
remaininlllt time of sele.
SAME
Slllneture of Declerent or AlIent determlninll till< - Firm Neme
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF CHULA VISTA, a Municipal
M..cDrporation orsanized under the laws of the State of California
, does hereby
GRANT to
RANCHO DEL REY PARTNERSHIP, a California General Partnership
the real property in the City of Chula Vista
County of San Diego
, State of Cal ifornia, described as
Easements to install and maintain private drainage facilities in
those "10' FUTURE PRIVATE DRAINAGE EASEMENTS" as shown within Lot
"8" of Chula Vista Tract No. 89-5 Rancho Del Rey Spa II Phase 2
Unit No.2, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 12721, filed in
the Office of the County Recorder of San Diego County on October
1, 1990, together with the right to grant said easements to the
future Home Owners Association in conjunction with said Map No.
12721.
Dated
THE CITY OF CHULA VISTA, a Municipal
corporation
STATEOFCAL.IFORNIA
COUNTY OF
On
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I"
I
before me,
By
Mayor R~l(
the undllfBlgned,. Notary PubliC in and for said State, personally appear-
...
anti
personally known to me (or proved to me on the basle of satisfactory
evldence) to be the persons who executed the within Instrument as
PresIdent and
Sectetary,
By
CIty CierI< lWtWII<
on behalf of
the corporation therein named, and adutowtedged to me that such cor-
poration eKecutecl the wlthin inltNment pursuant to Its by-Iawa or .
reeolution of ita board of directors.
WITNESS my hand and official seal.
SignaturA
{Th'I".. for offlciel nOblri.l...n
1144 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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