Loading...
HomeMy WebLinkAbout2008/02/12 Item 2 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~v~ em OF '~CHUlA VISTA 2/12/08, Item ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTION OF THREE QUITCLAIM DEEDS TO FACILITATE THE TRANSFER OF THE CITY OF CHULA VISTA'S INTEREST IN THE ADJOINING PROPERTIES PURSUANT TO A LOT LINE ADJUSTMENT PARCEL MAP FOR SYCAMORE EST A TES, PARCEL MAP 20356 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR SEWER PURPOSES LOCATED WITHIN LOTS 5 AND 6 OF MAP NO. 15566 OF SYCAMORE ESTATES AND PARCEL 4 OF PARCEL MAP 20356 THAT WAS GRANTED PER DOCUMENT RECORDED APRIL 22, 1966 AS FILE NO. 67889 OF OFFICIAL RECORDS DIRECTOR OF ENG~ERING AND GENERAL SERVICES ~ >1 CITY MANAGER \~~ . ASSISTANT CITY ~'NAGER S ") 4/STHS VOTE: YES D NO [g] BACKGROUND Ouitclaim Deeds Final Map No. 15566 for Sycamore Estates approved by City Council on May 22, 2007 ("Final Map"), reoriented Sycamore Drive, a cul-de-sac in Sycamore Estates. The new orientation moved the cul-de-sac to the north. In moving the cul-de-sac, the City obtained dedicated right-of-way in the new location, and the previously dedicated land at the former location of the cul-de-sac became excess. Subsequently, staff sought to adjust the adjoining lot lines and have the excess land become part of the adjoining properties through an easement vacation in the manner depicted in Parcel Map No. 20356, approved by City Council on September 18,2007, Resolution No. 2007-236. The issue, however, that was not addressed in the action on September 18th was that the City, not the adjoining property owners, was the fee owner of the excess property. A simple lot line adjustment and easement vacation could not and did not divest the City of its fee ownership interest. Thus, the City now owns the very narrow strips of property between the new cul-de-sac location and the adjoining lots. ~_./ 2/12/08, Item ~ Page 2 of 3 Tonight, Council will consider the approval of the execution of three quitclaim deeds releasing the City's interest in the excess property, so that the excess may become part of the adjoining parcels as originally intended in the plan to relocate the cul-de-sac. Sewer Easement Vacation On June 19,2007, Map 15566 recorded in the Office of the County Recorder that subdivided land creating 10 residential lots, including a remainder parcel. As part of the requirements for public improvements associated with the map, a sewer line was relocated along the easterly side of the project, connecting to an existing sewer line within Spruce Road. The old sewer easement runs through Lots 5, and 6 of said map, and through Parcel 4 of Parcel Map 20356, and will need to be vacated because it is no longer needed and was superseded by relocation as mentioned above. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actions for compliance with the California Environmental Quality Act (CEQA) and has determined that these actions qualify for a Class 5 categorical exemption pursuant to Section 15305 (a) [Minor Alterations in Land Use Limitations] ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Ouitclaim Deeds Tentative Map No. 04-09 for Sycamore Estates ("Tentative Map") contained conditions requiring the Developer to relocate/reorient Sycamore Drive and to process a vacation of the excess right-of- way on Sycamore Drive due to the realignment of the cul-de-sac. The area of Sycamore Drive that was required to be vacated under the Tentative Map would be offset by the new right-of-way in the realigned area of the cul-de-sac granted in the Final Map. The resulting improvements associated with the realigned Sycamore Drive are a benefit to the community and the City. On September 18,2007, by Resolution No. 2007-236, the City approved a lot line adjustment parcel map, which subsequently recorded as Parcel Map 20356 (see Exhibit I). On September 20, 2007, the lot line adjustment Parcel Map was recorded, which purported to vacate portions of Sycamore Drive and adjusted the lot lines of three residential lots and one City-owned lot. The City-owned lot was acquired through the annexation process from the County, and was a portion of the original right-of-way of Sycamore Drive. The City of Chula Vista is the owner of Parcel I as shown on said Parcel Map, with the other parcels being held in private ownership. While the City owns Parcell in fee, its sole purpose is for street and public utility purposes. Because this is a re-alignment of the street and utilities, and because comparable replacement land has been dedicated to the City, this transaction is an exchange and no compensation for the land to be quitclaimed is required. The area of right-of-way vacated and now being quitclaimed by the City is 1,910.71 square feet. The amount ~-~ 2/12/08, Item~ Page 3 of 3 of right-of-way that was dedicated on Map 15566 by the developer was 11,990 square feet; which gave the City a net gain of 10,079 square feet. In order to facilitate the completion of the lot line adj ustment process, quitclaim deeds will need to be executed in order to release the City's interest within the adjoining parcels 2, 3, and 4 of said parcel map (see Exhibits 2 and 3). Sewer Easement Vacation When the Sycamore Estates Map No.15566 recorded, there were improvements associated with the map that needed to be completed. One of the improvements required was the relocation of the existing 8"sewer line running east to west through the newly subdivided property. (See attached Exhibit 4) A new sewer easement was granted on Map 15566 to facilitate the revised location of the sewer line. After the new line was installed and inspected, the old line was removed and the new line placed in full operation. Section 8333( c) of the Streets and Highways Code states that a local agency may summarily vacate a public service easement when the easement has been superseded by relocation and there are no other public facilities located within the easement. There are no other public facilities located within this easement and staff supports this action. 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 Fees and other costs associated with the proposed project will be the responsibility of the Developer. Staff will work with the Developer to recover these costs in a timely manner. ATTACHMENTS Exhibit 1: Recorded Lot Line Adjustment Parcel Map Exhibit 2: Quitclaim deeds Exhibit 3: Quitclaim area plat Exhibit 4: Vacation area plat Prepared by: Gregory Hopkins. Land Development Surveyor, Engineering, and General Services Department J:\Engineer\AGENDA\CAS2008\02-12-08\Combined reso vacation and quitclaim deeds.doc ::{-3 ~ ~ ~ Q ~ ~ h~~; ::!1 ~;;~~ ~ ~~I~~I' "I ...:l .0 ~~ ~ ~ lil.~. ~ ~ ~~!~!l ~ ~ u '.!j~1 . .p;:; ~~;~ ~ ~ . -< ~i.' ~ . . p.. I~ ~~I .~ :;jl: ~ ~ i;~il I II !U;:~ ........-_"'__,"'...o.__...,--.__""".....a'_ EXHIBIT I " ~ I~ ~~~ =~il .~.~ <.i" lh ~.~ 1il ~ ~ ~~. ~ ~ ~ .i ~: h !i~. ~ ~~j ~I~~ cJ ~i ~ '~i~~~i~~ .. ~ I~ '~<>51 8 < J. I~.: e. e M i i ~i I~ Ii III Ii I~i:; ~; ;~I Ii !II il! ;1: 1:1'. ~ :~!;!. .~ m~o~ '~I .~~ I~~ ~u il; ~ ~11i~. ~! ;~~ ~~~ ig~ :i~ ;!I ii~'t II ~E~~~ ~ ~~ ~i~ .~. .~~ ~~i ~.~ ~ ~~ ~ ~~i'i ~: ~~~ I~' i~~ ~.~ ;~; .:~;i.. ~i~~-! ~ .~~ '!i .~~ '~i ~~~ iit ~,:i!j ~~ ~S~~I~ ~ @ li< I~i I~< I.. ~~~ ~~~~~ ~t~ i:i!i.~. ! ;;! ~~; i~~ ~~; ~II ~~;I !!I~I ~I;! ;I;ili' ;1 ..: <ll <.i ~ i ~ ~ II i ~ I ~ ~ i~ . ~ i ~ ' !I ~ ~ I ~n~~~ I. ~n I ~ ~~ \. '}i ~ Ii .~~~:i; ~: ~~ .~o ~l ~. r ~ ~~ ~ ~~ ~~~i~i~ hl ~~ .~ ~I ~. < ~~\) ~ i~.~ ~~hi<i ~<~ ~~ ~i 'i ~~ ~,~ ! ~ ~~...~. .,~ t" ". '. ~ . ~ ~i~ ;1 I~i: I~:o:;;~ ~!J I~ Ii ;; !~ ~i ~~ i~ ~i ~~ hi~: iimli ;I~ i! ;; ~i ~~.. i~.. ~;;ii.mnndl:I~ld I~ I~ I ~h~L .".. I ~i ;~ ;! Ii ~ !tc~ t 0"0 ili \ ~ 1 i~ t ~~. ~~ ~~ ~ ~~ ~~ ~;~. . U. . M n ~~~ !I~ . ~ .~i'~ I - ;i~ i il:~~i~! !~h:I~;I~! ! :11 !i:~l!h~!1 !~I;I!~b!U i I:~~ ~~hiell'il~ ;lil'I~leilil~ ~ :~;; ~~;~!hn~i~ d ~~I~!I!ii~ I I ;II~ ~~'!~II~~U~ ~s~!~~I~IN~ i i~~!'I~lij~~.le'i 1~~~Jh!.i!.i ~ i d~ ~t-fll~ ~~! ~n~' ~~~~!. ~~I~ ~IMllmd ~I;dm~dd ~ ~-Lj . ~ ~ ~ i h l~ -I ~.; E::D O+-' ~rtl . ..- "'u ~~ ~~ ::lrtl Ii . i I ill .1 . ff) I:i w I : :1 ~ u... o 0 ~ NI I:i w I 'ff) o Z ~ -< ::a ~ I."z;:l U ~ -< ~ 0-_.._,...=........................_..___""""''''..,_ .~ ~ " g"'h ~~ e : ~hS;r! ! nil!~! ~ a.tfll 1; i!:~!; II :fl~i' i L ! ~~!p , q ~ ~ ! I ~~I~I~~ i ~ I ~ .~ ~ " qi~i.;1 e I ' ;i~~~ . Ih~~~" ~ a!!~ ~fll ~ ~~~ ~~ · ~ ~ :ini! i r I iiUI~~;l ~ ; I ., i ~l'l! U ~ ~ ~ ~ ~ ! ~ :;~; ~~ i ~ I ~ ~~ ~ " ~ ' I~ 3~ e 11m ~s;l: < ~ ~~ i ~ ~:il! . ~ llJ Ji1ii ~ . u ~ ,J:~l ~ d ., j a~hU a ~ ~ ~ ~ ~ ! ~ 3~2~U Ii ~ f ~ .~ ~ " ~T!I~!I e I I 'l:!~ i !:I!! ! ~ filii ~ ~~: ~ !~~n ~ H I ~ ~ LJ~t. ~ L ~~~~m~ ~ :;<~~~*~ ~ .~~~~!i" ~un2%.~ ;!o:Il.I~5~FS' ~d:~m8 >.h~~ :11: F ...of .. ~~1Il ;=!l! n ~t~~p~i~ ~! ~~mll:~ Q >- ~~~l!~i...lo.! ~ i "~'n "0 ~ 3 i!:rt~~~i~ ~ "~=,~; ~~ ~ ; I ;!;I: < ~ k ~~. ~.- ~~!I _ ; M2~ . t !!'~~i ' II 1m. ~ L !,~p,q ~ ~ ! I 3~i~i~~ i ~ i ~ fli!i;fl ~ ~ li~U '. ~ :~m~ j;. ~~~; . . II ~f~~. w , . ~I!'~i ~ I. ,i,~II;i!' ; I ; ~! ~I;i~~ i i i ~ -r:'J ~.. ~ .~ ~ " ~T!PI e ! I 'I:!! ~ .~ !~lll ~ ~ ~~~~~ 1 ~: rl~i . t"1.. IIJii . h ~ j'- ~ f~ I~~l ~ ~ s ., j ~l. U ~ ~ ~ ~ ~ ! ~ ;~~ U ~ ~ I ~ . s.~I'li.!1 ~ ! I~!:!! ~ a:l~in ~ ~l~~E~ EVl II ~ ~fifii h ~~Vl~ I , U~i~~1 ~ ::3CU 3;1;1:: i II Ii .~ ~ " ~T!I~!I e ! 11'~d! ~ o:l~ I' ; ~!:~; Ill' ~fll~. I I ~ i:~ii;l ~ ; I ., j ~!'I!!u ~ ~ ~ ~ ~ ! ~ :;E;i~~ i ~ I ~ ::~ ,- ~~Il ~-~ tJc.;i1h 55.Jq ,,~. ..- ..g~ J.~ ,,~o 0-. ~ . ~ rI1~i ~=l 3Zl- ~ ~ ~ :;, j ~ ~ l. .!l ~ ~.! co lQ ~ Q ~ (J) t:;j w :r: (J) U11 ..... o n\ t:;j w :r: . (J) o Z 0.. ~ ::21 .....:l ~ U ~ ~ 0.. ..~" ~ . i; ~: Ii h I~ I ~ ~ ~~ ~ i .B " - g- ~ '0"" ~~ ~; "Ii ;~ ~I~ ~: i ~ ~ · I i I ~ ~ ~ ~~ · ~ . i ~ ~ I~ "~~;!i;!i!i!i ~ ! ~ l li~'~ l~ ~~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~= ~ ~ ~ ~ ~" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~'. I ~ ; ! i! ii! I~ ii ;i ; ; ; ; ; ; ; ; ; ; ;~ ~ ~ ~ ~ ~~ Q!~ ~~ QI a! ~ ~ Q ~ a ~ ~ Q Q ~ ~. I, U ! !~ !d ~~ ~ !~ ~ ~ H ~ H H Hi ~\~;:! 8 I-:r --...... 3f1tG\'I la (I; ", "'" Ib:! ' : 1{\1 . ~ . II '~q..~. .. I' .~ Ii" . 'l "<+,,,.:S i!l I ~-~~...,..~ I .to:/<"" 'b'l' .... ~ ""V"-~ ..... q~ ;::1 ....1'..;;:'/ ,-~ :!I tl ~ ~I ,gl ~ ,g ~ ~I~ ~I&! ~~ "or I'" ~"- ~ ~~ o Ii!,~ :s~ 6 bll!-" ~ll... -I I~a 0::: .... u~ If:;~ '<:l; '" <:: I~'" 1).. ~ !:;! Illi:- ~~ :.;~ ~ 0 :s I,..' '<:l; <:: 11:~ -I ll... l2 ,; "", i I a ~ --'- b : il I I I I ~ .i~ !i i ! m . ;-~~i ~ S !~~Ih ; li~ h.~~~ _~. ~5..S~ i -~~ ~~:sh ~ t: ..~m~i S ~~m ;~.;U ;i ~ei liilh~ ~~ II ~ !ii~'3" · ~~~ d~i~:€ !! ii~i nU~m: !. ~d ~ ii\ "- o ~ ; J~ m'. ~h u ~~p~S~ / U' \,1 \ ".1:.". "'.l: ~E!~~;~ / ~_ " '-: 1 / ~.P! I '" N ~u~,. / k- :~~~i~ j ... Jl..>J r ~ h... / s6~}~~ ~ 'lvl.i~""'l' .....,.,1;:-1... & 40~i..~J~ '''''& __"'"..,.....w:"'...__...__.__.....""_ ~ '" l . ~~~I ~n!i / 4'y ~4'~~ /,~ #' /",t:> ~ '" '" .. '. , ., :~ ~;..~: ~I t~"":::: !::;j:r;j;:-. 2:... atr::i= '" '" / -~ ~~-- I; ~i~ ;~~ ~ ~ ~ i~ i~ ~~ ~~~~ : . "'. ~;"i:;"~' ~ <::... -" ..:". 1;!Q;...~;r~~i::; : ~~~.:"".....~~~~~i~~~i~~~I..~;~~;.;; ! !~~~~~__~~~~;~$~;~~~~lli~~~~-~-- ~ I ~ " .. i! I ~ L I I , I , I I I I I I I I I I I 18; I , I , , , I I : I i I i!i "11111111111111' 'Iii..."""" , ~!! ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~ : ~~~~~~~J~~~~~~~~~~,~~~~~~~~~..~;;B , ..~..,~..,,_.=.=..,..=...=.. ~~~ ii .!!l~!~~i~!~!~!!~~5~!i!~!ii!!!! Ii <:i tl n <:'; 'tl ~ DS~G E ~ ?e?e ;Yo' ~ C! ~~ ;; d ~. ~ " ~~ i~ ta :- ~I f al I. ~ ~ ii ~;!" ~. .~ i~ .~ ~~ ~h h ~~ I.~ I ~II ~~ m ". ~ji~~ ~pi~~; H~~~ e~hl oR ~~ 1- H~ t,)ull1 O....ici " . ~~~ g "p ~...S ~"I ~;~ ~ ~ ~ '" - ~ ... ~ i i i ;;; : .~'fi' t\l 2.. -. - c;;~~lII~i -- -;;!i!!c;; Q S~~~~~ ;?: ~ imi~,,"- "'" " -;\~ ~ I I~ " ... ..,,,.., ~ " 00 R ~~ l<l <2;_ :l .~ h~~ .0 ~ .0_ .f! ~.Ii .:{ ElI1 itg~ VlU . "C~ . ClI1 ~rtl Ii co It) ~ Q <N CIl t;:; W I CIl U1/ """'-_"'__u.c................_....,--........._.._"''''...._ .~. ~:~ ~ .~ "'" ~ ~ ~ 'i'~ j ~i!l 1- ~~~ ,,~ 0-'0 '" . ~~:I: ""h ~~S ~"Ili Q~J sU o Z 0... ~ ~ .....:l ~ U ~ ~ 0... u... o '<tl t;:; w I CIl j -. . 'J" ,I , ~ I. I * ~i I:l i:l / ;- I 16'$6';. I I ~ / I ~ / " i ~ I ! " . ii ~ ~~ d ~ i~ ~~~~~....~~~~';: :!:l :;j~i::::S!~:::l~...~~;: , , ~i~:s8ll sss !iil!;;;: j:: 1:1;1 i i ........ ~..... ~:!: , , " ...1'1<'1"1' I '... _.. j j ~:il~~~_1ll_~.2~~1ll :""::::l:l!l!l;tl!l~~i:!~1;! : ~: '"-~i!U.a.. I I 0_ i i: c:;l):J~(n~t:;lSe;:;c:; ~ . .. ~ '" S ~ 0; I.. ~- ; ~; i~ ~! ~; g I i h i! ~ H I~ I! Ii I II U ~ ~. oi ~~. ~~ · ~~ ~i ~ ~. i ~~ ~~ ~! ~; . ~ h ~ ! ' h~ l~ ill ~. . I> I- ~~ EVl o~ ...ro ...- "'u -CO c~ ::::Jro II ~~7 co lQ ~ o ~ -"""..........- LL<:.....__....__ ---",,,,,,- (fJ w W I (fJ U1\ o Z 0... < ~ ~ ~ u 0::: < 0... u... o U11 w w I (fJ '" : I?U 1~:"'3:;~ !i!~~9~ , , , , Iii I I :;:j' I" I t ill ill , illi",,,,,,,,,,, i ~~_~! I .~~. ! ~ ~laa Ii! u '" ~ f3 a I--:g t;:::g illeJ- I-- , 4<", ~f5<: Ul~ "- S; u ~ :5~ '" '" is , !3~ '" 'ON ".. 6,61' ~~ ~~ 7a! ,,- :~ll . ~ & 15..l~ ., . ~:e ..ljl , ,,~ s 0_1 '" ' ,"" ..~ ~H "I'{d '" -zlil ii ~ '" ':..) l ~~:~ ~:g... -cslilOJ . 'I " ~~- 8 "" , ~q.,1 ',' , ~~ ~- ;:: '" .---J Q '" "- i ~ ~ i . ~ I ~ i< ~ !3~ '! 'i i i ".. , , . ~: ~ ~~ l I. Ii ~ i~ ;: .~ - . -' , iii:1I :l ~ ~n" t; ! " , ~ ~ ~~ i i ; ~h~ ~ i <0 h i.. ~ '" "~ ". '" r1.' ~ hd ." ." e~ e.,;- t t I~ n e ~ 0>", "'", 0> -zlil .~. i ;p., Q'" -. . ~. . <- i ~, , ~ ~ J~~ l-- .lH ~j;! EVl; (In O+- ; ...ro: ..- , "'u_ -CO i CVl, Vl , II =?- THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 1..[J DB Quitclaim Deed from The City of Chula Vista, a Municipal Corporation to Antonio Bernal and Maria Victoria Bernal .;( -9 EJ t-d~::H'1 ~l Recording Requested by and Please Return to: City Clerk City ofChula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City. No Fee Required. .... This Space for Recorder's Use Only .... APN(s) 624-041-46-00 C.V. File No.: EP 365 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged represents that, THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION Does hereby remise, release and quitclaim to ANTONIO BERNAL AND MARIA VICTORIA BERNAL, husband and wife as joint tenants, all of the City of Chula Vista's right, title and interest in the real property situated in the City of Chula Vista, County of San Diego, State of California described as follows: All that portion of Lot "N" of Woodlawn Park, Map no. 1271 lying within Parcel 3 of Parcel Map 20356 filed in the Office of the County Recorder on September 20,2007. Signed this DAY OF ,20_ CITY OF CHULA VISTA A Municipal Corporation Cheryl Cox Mayor of the City ofChula Vista J:\EngineerISURVEY1EP365\BERNAL QC DEED. doc c:? -;/0 STATE OF CALIFORNIA ) ) S.S. COUNTY OF SAN DIEGO ) On this day of , in the year of 2008, before me, the undersigned, personally appeared Cheryl Cox, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument, the person, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Donna Norris, Interim City Clerk City of Chula Vista (SEAL) J:\EngineerISUR VEY1EP365\BERNAL QC DEED.doc c1-// THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated:~06 Quitclaim Deed from The City of Chula Vista, a Municipal Corporation to Ruben N. Hurtado and Delfina L. Hurtado c:?" /~ Recording Requested by and Please Return to: City Clerk City ofChula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City. No Fee Required. .... This Space for Recorder's Use Only .... APN(s) 624-041-44-00 C.V. File No.: EP 365 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged represents that. THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION Does hereby remise, release and quitclaim to RUBEN N. HURTADO AND DELFINA L. HURTADO, husband and wife as joint tenants, all of the City of Chula Vista's right, title and interest in the real property situated in the City of Chula Vista, County of San Diego, State of California described as follows: All that portion of Lot "N" of Woodlawn Park, Map no. 1271 lying within Parcel 2 of Parcel Map 20356 filed in the Office of the County Recorder on September 20,2007. Signed this DAY OF ,20_ CITY OF CHULA VISTA A Municipal Corporation Cheryl Cox Mayor ofthe City ofChula Vista J:\EngineerISURVEY\EP365\Hurtado QC DEED. doc " /.:J ~ -/,.::;;; STATE OF CALIFORNIA ) ) S.S. COUNTY OF SAN DIEGO ) On this day of , in the year of 2008, before me, the undersigned, personally appeared Cheryl Cox, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument, the person, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Donna Norris, Interim City Clerk City ofChula Vista (SEAL) J:\EngineerISURVEY\EP365\Hurtado QC DEED. doc ~-/il THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 2/' 108 Quitclaim Deed from The City ofChula Vista, a Municipal Corporation to Kenneth C. Norton dba Sycamore Jackson Estates, L.P., a California Limited Partnership -(-/5" Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City. No Fee Required. .... This Space for Recorder's Use Only .... APN(s) C.V. File No.: EP 365 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged represents that, THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION Does hereby remise, release and quitclaim to KENNETH C. NORTON dba SYCAMORE JACKSON ESTATES, L.P. A CALIFORNIA LIMITED PARTNERSHIP, all of the City of Chula Vista's right, title and interest in the real property situated in the City of Chula Vista, County of San Diego, State of California described as follows: All that portion of Lot "N" of Woodlawn Park, Map no. 1271 lying within Parcel 4 of Parcel Map 20356 filed in the Office of the County Recorder on September 20,2007. Signed this DAY OF ,20 CITY OF CHULA VISTA A Municipal Corporation Cheryl Cox Mayor of the City of Chula Vista J:\Engineer\SUR VEYlEP365\Norton QC DEED. doc ~-/ (p STATE OF CALIFORNIA ) ) S.S. COUNTY OF SAN DIEGO ) On this day of , in the year of 2008, before me, the undersigned, personally appeared Cheryl Cox, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument, the person, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Donna Norris, Interim City Clerk City of Chula Vista (SEAL) J:\Engineer1SURVE't1EP365\Norton QC DEED. doc .".?~/7 EXHIBrT 3 .. INDICATES PROPOSED QUITCLAIM OF PARCEL 1 TO PARCEL 2 ~::::~:~::~::~::~::::::l/NDICATE:S PROPOSED QUITCLAIM OF PARCEL 1 TO PARCEL J ~ INDICATES PROPOSED QUITCLAIM OF PARCEL 1 TO PARCEL 4 ~ INDICATES PROPOSED QUITCLAIM OF PARCEL 2 TO PARCEL J ~:~m~~~@.. :~::t::~:~l .....V PAReR 4 PAReR J ~-/f ! N r\ SCALE: 1 n= 60' EXHIBIT 4 ffiVtJ&~ 1] ~~@@ 8 9 10 5 4 ~~ 2 7 SYCAMORE D R I VE"~'-'-'-'- _._//-- --'---.---.-.-.---.-- 6 .-- .-.-.-.- -.-.-.-.-.-.-.-.-. .-.-.-.-.-.-.-.-.-.-.-.- Sewe Easement to b acated . .-.-.-.-.-.-.-.-.-.-.-.-.-.- .-.-.-.-.-.-.-.-.-.-. 3 3 2 1 Date: 1/29/08 .-:S:'!!f:. SEWER EASEMENT ~;;;;Of VACATION EXHIBIT CHUlA VISTA SYCAMORE ESTATES Drawn by: G.H. RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTION OF THREE QUITCLAIM DEEDS TO FACILITATE THE TRANSFER OF THE CITY OF CHULA VISTA'S INTEREST IN THE ADJOINING PROPERTIES PURSUANT TO A LOT LINE ADJUSTMENT PARCEL MAP FOR SYCAMORE ESTATES, PARCEL MAP 20356 WHEREAS, Tentative Map No. 04-09 for Sycamore Estates ("Tentative Map") contained conditions requiring the Developer to relocate/reorient Sycamore Drive, a cul-de-sac, and to process a vacation of the excess right-of-way; and WHEREAS, Final Map No. 15566, approved by City Council on May 22, 2007, dedicated right-of-way for the new orientation of Sycamore Drive; and WHEREAS, on September 18, 2007, staff recommended to Council the approval of a new parcel map, which was intended to vacate the excess right-of-way as proposed in the Tentative Map, adjust the adjoining lot lines, and have the excess land become part of the adjoining properties in the manner depicted on the parcel map attached to the agenda item; and WHEREAS, Council approved the aforementioned Parcel Map through Resolution No. 2007-236; and WHEREAS, said parcel map recorded on September 20, 2007, in the office of the County Recorder as Parcel Map No. 20356 ("Parcel Map"); and WHEREAS, though the resolution and recording of the Parcel Map vacated easements and adjusted the adjoining lot lines, as drafted it failed to convey the fee ownership of the excess land from the City to the owners of the adjoining parcels; and WHEREAS, the City of Chula Vista remains the owner in fee of Parcel 1 as shown on said Parcel Map; and WHEREAS, in order to facilitate the completion of the lot line adjustment process and transfer the ownership of Parcel 1 from the City to the adjoining property owners, three quitclaim deeds will need to be executed releasing the city's interest within the three adjoining residential parcels of said parcel map; and WHEREAS, since the property to be quitclaimed was intended to be used for street and associated utilities and equivalent replacement land has been dedicated to the City for such purpose, this transaction is an exchange in kind and no compensation for the land to be quitclaimed is required; and . H:\ENGINEER\RESOS\Resos2008\02-12-08\Sycamore quitclaim deeds-reso .doc .:(-0{0 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the execution of the three quitclaim deeds to facilitate the transfer of the City of Chula Vista's interest in the adjoining properties pursuant to a lot line adjustment parcel map for Sycamore Estates, Parcel Map 20356. Presented by: Jack Griffin Director of General Services H:\ENGINEER\RESOS\Resos2008\02_12_08\Sycamore quitclaim deeds_resa .doc <=:h:) / RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR SEWER PURPOSES LOCATED WITHIN LOTS 5 AND 6 OF MAP NO. 15566 OF SYCAMORE ESTATES AND PARCEL 4 OF PARCEL MAP 20356 THAT WAS GRANTED PER DOCUMENT RECORDED APRIL 22, 1966 AS FILE NO. 67889 OF OFFICIAL RECORDS. WHEREAS, an Easement for Sewer Purposes was granted to Montgomery Sanitation District per document recorded April 22, 1966, as File No. 67889 of Official Records ("Old Easement"); and WHEREAS, an area including the Easement for Sewer Purposes was annexed by the City ofChula Vista as part of the Montgomery Reorganization on December 30,1985; and WHEREAS, on June 19, 2007, a new subdivision map was recorded, Final Map No. 15566, creating 10 residential lots and a remainder parcel; and WHEREAS, Final Map No. 15566 required the realignment and relocation of the Old Easement and existing sewer line and granted a new utility easement for the realignment thereof; and WHEREAS, pursuant to California Streets and Highways Code section 8333 (c), the legislative body of a local agency may summarily vacate a public service easement when the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, since the date of the recording of Final Map No. 15566, the sewer line has been relocated into its new alignment; and WHEREAS, there are no longer any public facilities located in the Old Easement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That, after considering the evidence submitted, it finds that the Sewer Easement located within Lots 5 and 6 of Map 15566 and Parcel 4 of Parcel Map No.20356 has been superseded by relocation and that there are no in-place public utility facilities that are in use and would be affected by the vacation. 2. That it orders the summary vacation of the Sewer Easement located within Lots 5 and 6 of Map 15566 and Parcel 4 of Parcel Map No.20356, described, and depicted in the attached Exhibit" A." H:\ENGINEER\RESOS\Resos2008\02-12-08\Sycamorc sewer easement vacdoc ~-.J..2, Resolution No. 2008- Page 2 3. 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. Presented by: Jack Griffin Director of Engineering and General Services H:\ENGrNEERlRESOSIResOs2008\02_12_08\SYC:Jmore sewer easement vac_doc - J":' ~'-'~ EXHIBIT "A" [Mt]&[FJ 1] @@@@ 8 9 10 7 SYCAMORE ./ O R I VE"-'-'-'-' _/.// -.-.---.-.-------.-.-.-- 6 Sewe Easement to b acated 2 5 4 ~~ 3 3 2 1 Drawn by: G.H. ~'Y?- SEWER EASEMENT 7~ VACATION EXHIBIT CHUlA VISTA SYCAMORE ESTATES ~-