HomeMy WebLinkAboutReso 1982-10784
RESOLUTION NO.
10784
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING MAP OF CHULA VISTA TRACT, 80-29, VISTA KNOLLS
CONDO~1INIUMS, ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEI1ENT GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION; A~ND~lliNT TO CONDITION 4 OF RESOLUTION
10337; APPROVING DECLARATION OF RESTRICTIONS
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista hereby finds that that certain map survey entitled
Chula Vista Tract 80-29, Vista Knolls Condominiums and more particularly
described as follows:
Being a subdivision of a portion of Lot 12 of Quarter
Section 143 of Chula Vista, in the City of Chula Vista,
in the County of San Diego, State of California, according
to Map Thereof No. 505, filed in the Office of the County
Recorder of San Diego County.
Area: 2.491 acres
Number of Lots: 1
Number of Units; 74
is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown
thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that Condition 4 of the Tentative Map
of Chula Vista Tract 80-29, Vista Knolls Condominiums be, and the same
is hereby amended to read as follows:
The developer shall submit a Declaration of Restriction which
prohibits the sale of any condominium unit prior to completion of the
work required by the Design Review Committee. Said declaration shall
be recorded concurrently with the Final Map.
BE IT FURTHER RESOLVED that said Declaration of Restriction
as shown on Exhibit A, attached hereto and by reference made a part
thereof, the same as though fully set forth herein be, and the same
is hereby approved by the City Council of the City of Chula Vista.
BE IT FURTHER RESOLVED that said Council hereby accepts on
behalf of the City of Chula Vista the easement with the right of in-
gress and egress for street tree planting and maintenance as granted
and shown on said map within said subdivision, subject to the conditions
set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that that certain easement with the
right of ingress and egress for street tree planting and maintenance
as granted thereon and shown on said map within said subdivision is
accepted on behalf of the City of Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
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Presented by
Approved as to form by
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John P. Lippitt, ity
Engineer
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 23rd day of February, 1982, by the
following vote, to-wit:
AYES:
Councilmen
Cox, Gillow, Campbell, Scott
NAYES:
Councilmen
None
ABSENT:
Councilmen
McCandliss
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Mayor
ty of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Resolution No. 10784 ,and
that the same has not been amended or repealed.
DATED
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Ci ty Clerk
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
SYDNEY S. XINOS
1400 Sixth Ave., Suite 104
San Diego, CA 92101
DECLARATION OF RESTRICTIONS
This DECLARATION OF RESTRICTIONS made this 14th day of
September, 1981, by PARKS AVENUE ASSOCIATES, a partnership, herein-
after called "OWNER", and the CITY OF CHULA VISTA, hereinafter
called "CITY".
RECITALS:
A. OWNER is the owner of certain real property located in
the City of Chula Vista, County of San Diego, State of California,
more particularly described as:
Lot 12 in Quarter Section 143 of Chula Vista, in the
City of Chula Vista, in the County of San Diego, State
of California, according to map thereof No. 505, filed
in the Office of County Recorder of San Diego County.
Excepting therefrom that portion lying southerly of
the following described line:
Beginning at a point which said point bears North
5048' 18" West 281. 70 feet from the most southerly
corner of Lot 15 of Quarter Section 118 of Chula Vista,
being a subdivision of a portion of Rancho De La Nacion
in the County of San Diego, State of California, ac-
cording to map thereof No. 505, filed in the office of
the County Recorder of San Diego County; thence from
said Point of Beginning North 83016'45" West along a
line which is parallel with the 275.00 feet northerly
from the southerly line of said Rancho De La Nacion,
a distance of 1,067.92 feet; thence westerly parallel
with the northerly line of said Lot 12 in Quarter Sec-
tion 143 to the westerly line of said Lot 12.
hereinafter called "PROPERTY".
B. OWNER sought CITY's approval of OWNER converting the use
of the PROPERTY from apartments to condominiums by submitting a
tentative map application.
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C. Said application was conditionally approved by CITY on
December 9, 1980 as "CHULA VISTA TRACT 80-29".
D. A condition of said approval was that OWNER "File with
the City a Declaration of Covenants, Conditions, and Restrictions
naming the City of Chula Vista as a party to said Declaration and
authorizing the City to enforce terms and conditions of the De-
claration in the same manner as any owner within the subdivision".
NOW, THEREFORE, Owner declares that the PROPERTY is held and
shall be conveyed subject to the restrictions, conditions, and
covenants set forth in this Declaration. Each and all of said
restrictions, conditions, and covenants are for the direct bene-
fit of the PROPERTY and shall run with and be binding upon and
pass with the PROPERTY and shall apply to and bind OWNER and the
respective successors in interest of OWNER, as follows, to wit:
1. RESTRICTION: No separate, individual condominium interest
(as defined in California civil Code ~1350, et seq.) shall be
conveyed, nor shall any other fee title conveyance of less than
the entire PROPERTY, less dedications pursuant to the final map of
CHULA VISTA TRACT 80-29, be made until OWNER, or his successor
in interest, file with the City a Declaration of Covenants,
Conditions, and Restrictions naming the City of Chula Vista as
a party to said Declaration and authorizing the City to enforce
terms and conditions of the Declaration in the same manner as any
owner within the subdivision.
2. DURATION OF RESTRICTION: Each and all of these covenants,
conditions and restrictions shall terminate upon the following,
whichever occurs earlier:
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a. The execution and recordation of a revocation pur-
suant to paragraph No.4; or,
b. the expiration of the tentative map approval for
CHULA VISTA TRACT 80-29 (or any extensions thereof) and a final
map thereof having not been recorded.
3. ENFORCEMENT: The City shall have the right to enforce, by
any proceedings at law or in equity, all restrictions, conditions,
and covenants imposed by this Declaration. No other parties other
than the CITY and the OWNER, and his successors in interest to
the PROPERTY, benefit or are bound by these restrictions, condi-
tions and covenants. Accordingly, no other parties are entitled
to enforcement hereof.
4. REVOCATION: Upon OWNER, or his successor in interest in
the PROPERTY, complying with said condition delineated in Recital D
above, OWNER, or his successor in interest in the PROPERTY, and the
CITY shall jointly execute a revocation document sufficient to
revoke and remove as an encumbrance these restrictions, condi-
tions and covenants.
IN WITNESS WHEREOF, the undersigned, being the declarants here-
in, have executed this instrument the day and year first hereinabove
written.
PARKS AVENUE ASSOCIATES
a partnership
CITY OF CHULA VISTA
By:
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VASSILIADIS
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STATE OF CALIFORNIA
SAN DIEGO
COUNTY OF
1981
A.
On
SEPT. 15,
said State, personally appeared
G. A. RANGLAS
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VASSILlADIS AND
known to me to be BOTH
that executed the within instrument and
the partners of the partnership
acknowledged to
OFP.OAl $Ul
WENDY A. WAIlNltt
NOTARY PUStlC - C,t,UFOr.,.
PRINClflAL OFNC!: !H
SAN Dl:;OO COU'~1"t
My Commiuion Expires January " 1ge~
2::I-Z52522S7.52S=S-825=''':;:s8'"Q~oiS"l!52S"w
such partnership executed the same.
WITNESS my hand and official foeal.
Signature
Name (Typed or Printed)
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(This area for official notarial seal)
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7.5' STREET TREE PLANTING a MAINT. EASEMENT
LOT I
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EXHIBIT
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DRAWN BY
L. M G.
TIT L E
CHULA VISTA TRACT" NO. 80- 29
VISTA KNOLL.S
DA T E
9-14-81
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;)E?\RBfENT OF PLANNING
Ctty Ob CltuQa q)[gtc
CAUFORNL""
May 2, 1980
EXHIBIT "B"
,
Robert Wicker
2727 Hoover Ave.
National City, CA 92050
Your request to convert 74 apartment units into condominium
ownership located at 1470 Second Ave., was considered by the
Design Review Committee on May 1, 1980. The Committee approved
your request subject to the conditions listed below:
1. A detailed plan shall be submitted prior to tentative
subdivision map submittal showing all storage areas and
which units they are assigned to.
2. Private open space for lower units shall be increased to
7 ft. in width wherever possible.
3. Landscape Bnd irrigation plans may be required for the
revised open space areas. Coordinate with the City's
Landscape Architect.
4. Tree planting in the parking areas shall be coordinated
with the Landscape Architect.
5. Concrete trash enclosures shall be constructed where
originally planned. The slump block walls shall be
painted to match'the colors on the existing buildings.
metal gates are recommended in place of wood for lasting
quality.
6. The existing storage area at the rear of the lot, under the
units in Court III, shall be converted back into carports
or garages to satisfy the present parking requirements.
7. A wood trim cap shall be utilized on second floor balconies
and lower floor patios in addition to proposed exterior
plywood, as per staff sketch. This cap shall be stained
to match the building trim.
1-/tJ 76'1
276 Fourlh AHouc. Chula Vi.... c.\ 92010 (714) 575-5101
R. Wicker -2-
8. The balcony fences shall be 3' high and the 'private patio
fences shall be 5' high throughout the complex. (See
Condition #9 for exception)
9. The private open space for Unit #3 shall be relocated at
the front of the complex. A 6' sliding glass door shall
be installed in addition to a 42" high masonry wall to
match the existing masonry on the front elevation.
10. The bedroom window for Unit #14 shall be moved to avoid
conflict with the proposed balcony expansion for Unit #13.
This window must meet the Building Code requirements as
an escape~window.
Please revise your plan in ,accordance with these conditions and
file one copy with the Planning Dept. within 2 weeks. If you have
any questions regarding this matter please call us at 575-5101.
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~:th G. Lee
Current Planning Supervisor
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