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
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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
~-