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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. -1- Presented by Approved as to form by -1"-7/1 -, ~ pi>:::;..<.~~ 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 c~~ Ilr:. 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 ;{~/{)7tf Ci ty Clerk -2- 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. f( -/07Y~ 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: Ii-Ie 7fr -2- 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: / ~- - VASSILIADIS / -,~.-.a ~;J ( c~-~~ By' ~ t l~~. By: 1;"-;0 7!1 -3- > c . 0- E 0 u ~ ;: c .~ 0; E <( . ii: 0: ~ 0; 10 . 0" ( X 0 0 M E " ~ STATE OF CALIFORNIA SAN DIEGO COUNTY OF 1981 A. On SEPT. 15, said State, personally appeared G. A. RANGLAS - -}" ~, before me, the undersigned, II Notary Public in and for 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) ;';Ia;:'r;:o,~ "~ f?..I1>781 (This area for official notarial seal) ..,.,. ~ --+ OU/NTARO STREET <:) ... I I .1 I I I I I I I c- D I r I B I . .... I \, ~ , I ~ .! I I I I I I I l.u P .A:F~CEL I I I ~I < JvJ.A PI 30 I , I <: /v. I I I I ~ " I I I I J I I I I ~ ~ I I I I ----,------------------------- r--- I~ I~ i-- \~ I," \.. \~ 1,;'" \:: n \' ..--\- .:;.---.\.~ \-p I ~i_-----i~ f' \:~ -~.o.'.,.~" '\ \J'l ~~"":\6E Hy ~ . " ." Jvj }-\ P 505 622.27' l::::ll <: '~ ~ l.u I - V) .... C\j 1f4" I I .... i 40' I .7'/ 'J'~ -- 7.5' STREET TREE PLANTING a MAINT. EASEMENT LOT I 593.87' -- -- Or;> 44- G'~ 1 J l~//C1TY /COUNlY BCUNOf1RV LINE VICIN/TV Milt> '00 ~t.'..~u J EXHIBIT .'1 DRAWN BY L. M G. TIT L E CHULA VISTA TRACT" NO. 80- 29 VISTA KNOLL.S DA T E 9-14-81 -.--.,..--..-.-.-.-. --- ! I ~ ~ , i f ~ i: ;! f' - . ~ ~ ~ . f' )i t, ~ ..J --' ~.. ( C' ~ , , 'II 01 Q I' , , , '\,,- ^.J..~ -., - ," -\,('\ ~~,~ '~'\;o, .~~??'JO'J7~u;';~~ ..~~~J,ft"j~""~'il"!~""""m_ _ ,r:-j / ~ 4~=t~:, . ,,-~.~., . '~ ~'~-;.,/:._,',.. "',"'J';;~i/;i.~-.~' pj~fF:e:lrf,.',nt', ,'''f''r'''ft4111 ,,,\, . . "-':'~'''''''U"J(HJf...:4... . Ii ,"""'IIII"I"JfII,,,'!j.;tl'J\"".\ ~. .:Q';'Jid1iJIUH1t,i\!ill1i,~\b\\'l ,'~ . :::I~: ~ I ~ 1:. ~ 'l.dl '3 \iill ~:,l \!jj :i1'!';""JA ';. r.m OJ ,no cia. .- >-....~~,. '. r'"~1 ,. .n'-,~~c"~l1...t """'::>. .,--,:t;:1- ''l..'''~ ..:.:::::.::!.-,..J .l6 _ ...~ - .. ....-....., __~..- ~'--\"~:i:' ~ .1.' _' . . ~~~,- ;)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. ~Jjt ~:th G. Lee Current Planning Supervisor kca 1f-/tJlff