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Home My WebLink About2008/01/15 Item 7 CITY COUNCIL AGENDA STATEMENT ~, 1/15/08, Item -r- ITEM TITLE: RESOLUTION ORDERING THE SUMMARY VACATION OF ALL OF THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT FOR COUNTY HIGHWAY DIRECTOR OF ENGINEERING, GENERAL SERVICESG~ CITY MANAGER ASSISTANT CIT SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO ~ BACKGROUND NNP- Trimark San Miguel Ranch, LLC has made a request to vacate a portion of a slope and drainage easement located within Lot 10 of Map 142611ying northeasterly of the intersection of Mount Miguel Road and Proctor Valley Road within the San Miguel Ranch development. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 5 categorical exemption pursuant to Section 15305 [Minor Alterations in Land Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On October 31, 2007, NNP-Trimark San Miguel Ranch, LLC, owners of Lot 10 of Map No. 14261, submitted an application to the City to vacate a portion of a slope and drainage easement granted on January 11, 1991 as document 1991-0015563. These easements were originally granted to the County of San Diego to facilitate the grading and construction of original 7-1 1/15/08, Item ':::}- Page 2 of2 alignment of Mount Miguel Road. This area was annexed into the City of Chula Vista as part of the San Miguel Ranch Reorganization on December 22, 2000. On August 21, 2001, the area including the subject easements was re-mapped by the San Miguel Ranch Phases 1,2, & 4 "A" Map No. 14261. The development associated with this map included the grading of all the surrounding areas along and around Mount Miguel Road, which altered the existing topography. This caused a change in the shape and location of the slope, which in turn altered the drainage as it pertained to the subj ect lot. In September of 2002, an easement agreement was entered into between the owners of Lot 10 and the San Miguel Ranch Master Association, which provided that the responsibility for maintaining the slope and drainage areas within Lot 10 reside with the Association, making the need for public easements in this area no longer necessary. The drainage facilities that exist within the site are entirely private, and there is no public drainage facilities located within the easement area to be vacated. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the City's General Fund as a result of this action. All costs associated with the processing of this easement vacation will be borne by the developer through its established deposit account. ATTACHMENTS 1. Exhibit "A" Prepared by: Gregory Hopkins, Land Development Surveyor, Engineering, and General Services Department M:\EngineerIAGENDAICAS2008\01-15-08\San Miguel Ranch Slope and Drainage easement vacation CAS-doc 7-2 t,TI ACHMENT I EXHIBIT uA" EASEMENT VACATION PLAT SHEET 1 OF 1 SHEETS MAp NO" j~P~7 _.0_ ~I o P::: ,..;l l'<:j ::; c.!:l -I ~ LOT jO ~ ~ J\JiAP j\)g j29j7 Cf-iULA ViSTA TRAcT NO" 99-04 SAN iViiGUEL RANCH Pf-iASES t 2" Ii .4 hA H MAP No" j MAp NO" 142M ---- LOT jj 200 400 600 I SCALE 1"=200' . LEGEND: HUNSAKER & ASSOCIA TIS PORTION OF EASEMENT FOR SLOPE RIGHTS AND 177"1771 DRA/NAGE PURPOSES PER DOCUMENT RECORDED lLL.!L.J JANUARY II, 1991 AS FILE NO. 1991-0015563 OF OR. - TO BE SUMMARILY VACAlED S ^ N DIe G 0. I H Co PlANNING IJlO7 Waples SInlet ENGlNEBllNC San Diego, u. 91121 SlJRVEYlNG PH(IISB)S58-oGOO. FX{8S3).sSII-i414 R:\0249\LOr 10 SLOPf tsMT VAC fX.dwg[)Ck:l-f6-2007:17:00 - W.O. 2091-8 7-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY V ACA TION OF ALL OF THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT FOR COUNTY HIGHWAY WHEREAS, San Miguel Partners granted to the County of San Diego an Easement for County Highway, per Document 1991-0015563 recorded January 11, 1991, to facilitate the grading and construction of Mount Miguel Road; and WHEREAS, the Easement for County Highway included the privilege and right to extend drainage structures and embankment slopes beyond the limits of the right-of-way described in the Easement for County Highway (Easement for Slope Rights and Drainage Purposes); and WHEREAS, an area including the Easement for Slope Rights and Drainage Purposes was annexed by the City of Chula Vista as part of the San Miguel Ranch Reorganization on December 22, 2000; and WHEREAS, an area including the Easement for Slope Rights and Drainage Purposes has been re-mapped by the San Miguel Ranch Phases 1,2, & 4 "A" Map No. 14261 on August 21, 2001; and WHEREAS, the development associated with this Map included the grading of the area along and around Mount Miguel Road, including the area of the Easement for Slope Rights and Drainage Purposes, which altered the topography and caused a change in the shape and location of the slope and altered the drainage; and WHEREAS, because of the change in the slope and alteration of the drainage on the parcel, the Easement for Slope Rights and Drainage Purposes is no longer needed for public use; and WHEREAS, there are no public drainage facilities located within the Easement for Slope Rights and Drainage Purposes; and WHEREAS, maintenance responsibility for the area covered by the Easement for Slope Rights and Drainage Purposes is the responsibility of the Homeowners Association of Lot 10 of Map No. 14261, pursuant to the Deed of Master Association Property Easements and Easement Agreement recorded on September 13, 2002; and WHEREAS, pursuant to California Streets and Highways Code Section 8333 (a), the legislative body of a local agency may summarily vacate a public service easement if the 7-4 Resolution No. Page 2 easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. 2. 3. Presented by That, after considering the evidence submitted, it finds that the Easement for Slope Rights and Drainage Purposes located within Lot 10 of Map No. 14261 has not been used for the purpose for which it was acquired for five consecutive years and that there are no in-place public utility facilities that are in LIse and would be affected by the vacation. That it orders the summary vacation of the Easement for Slope Rights and Drainage Purposes located within Lot 10 of Map No, 14261 within a portion of San Miguel Ranch, described and depicted in the attached Exhibit "A". That it directs the City Clerk to cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder. Upon such recordation, the vacation shall be complete. Approved as to form by Jack Griffin Director of Engineering and General Services ~~~-~~~ Ann Moore City Attorney H:\ENGINEER\RESOS\Resos2008\OI.15-08\San Miguel Ranch Slope and Drainage easement vae revised by ec.doc 7-5 EXHIBIT "A" LEGAL DESCRIPTION BEING ALL OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES PER DOCUMENT NO. 1991-0015563 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 11,1991 LYING WITHIN LOT 10 OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASES. 1 , 2, & 4 "A" MAP NO.1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14261 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON AUGUST 21, 2001. A-o<;/#a/L /0~h,07 DAVID w. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE1t"<9F 1 -"Ill 1I.J1-\,nQ1\l1nA\I ......". n"",::,..rintil'"lI'1",\A?7 Mt Minl1~1 Rrl iO'.c::mt 1/~"'o:Itinn rln.... EXHIBIT "A" EASEMENT VACATION PLAT SHEET 1 OF 1 SHEETS MAp No~ 1?P?7 ~a~ ~I o ~ .....:l ~ ~ d -I ~ LOi 10 - -- ~ /I/IAP NO~ 1?917 CJ-JULA VJSTA iFU\ Ci No~ 99-04 SAN MJGJUPL FUINcJ-J PI/I\ r'rr' 1 ? <? /I "1\" J\I/jl\p rJr OCi:J :I........'" (..\ -j' r Y.J.T MAp J\jO~ 14281 NO~ 1 LOi 11 o 200 400 600 ~ I I SCALE 1"= 200' II LEGEND: HUNSAKER & ASSOCIATES PORTION OF EASEMENT FOR SLOPE RIGHTS AND I7TI77I DRAINAGE PURPOSES PER DOCUMENT RECORDED lLLLL.:I JANUARY II, 1991 AS FILE NO. 1991-0015563 OF OR. - TO BE SUMMARILY VACATED SAN DIECO. INC. PLANNING 97TJ1 Waples Street ENGINEERING San Diego, Ca 92'121 SURVEYING PH(8Sa)551l-4500. FX(S58lssa.1414 7-7