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Home My WebLink About2008/09/09 Item 5 CITY COUNCIL AGENDA STATEMENT ~ \!f:.. CITY OF ~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: / 9/09/08, Item ') RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GR.A1"JTING AN EASEMENT OVER PORTIONS OF CITY OWNED LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERcYrIT NO. PE-283, AND AUTHORIZING THE CITY CLERK TO RECORD A . ERTIFIED COPY OF THIS RESOLUTION AS NOTICE OF T REVOCATION DIRECTOR OF ENGIN~~G . CITY MANAGER l~ Y ASSISTANT CITY I~.NAGER s r 4/5THS VOTE: YES 0 NO [g] SUMMARY Regulo Place Apartments Investors LLC are the new owners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regulo Place. At the time of their purchase the new owners approached the City regarding purchasing easements for their existing monument signs. These signs are currently located on City owned property under an encroachment permit issued in 1990. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 17 categorical exemption pursuant to Section 15317 [Open Space Contracts and Easements] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 9/09/08, Item~ Page 2 of2 DISCUSSION Regulo Place Apartments Investors LLC are the new owners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regula Place. At the time of their purchase, the new owners approached the City regarding purchasing easements for their existing monument signs. These signs are currently located on City owned property under an encroachment permit issued in 1990. The signs are located on either side of Regulo Place on the north side of "H" Street. The sign to the west is located on Lot C of Tract No. 12341 and the sign on the east is situated on Lot D of the same tract. These lots were dedicated to, and accepted by the City on the Map for Open Space, Public Utilities and other public uses in March 1989. The City granted an encroachment permit for the signs in June 1990. Currently, these lots are landscaped and maintained by the apartment complex. Staff has reviewed the owners request and has concluded that while the land in question was designated for open space and other public uses, it is in fact, landscaped and maintained at a very high level by the owners at no City expense. Additionally, the existing signs are consistent with other similar signage placements within the City, serve a valuable purpose and are also maintained at a high level. Given that they have existed under these conditions for 18 years, it is reasonable to revoke the encroachment permit and replace it with permanent easements. Staff, having consulted several appraisers, has determined .that the easements have a nominal value. In exchange for the easements, the owners have offered to pay $500 dollars for each easement as well as reimburse the City $1,500 for staff time to process the necessary documents and take the necessary actions. This is the proposal that Council is being asked to consider here. 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 a positive impact to the General Fund in the amount of $1 ,000 for the easement deeds. Costs associated with processing the necessary documents will be borne by Regulo Place Apartments Investors LLC. ATTACHMENTS 1. Easement Deed Prepared by: Rick Ryals, Real Property Iv/anager, Engineering Deparrment M :\Engineer\AGEN DA \CAS2008\,09-09-08\Reguloesmt- REV .doc 5-2 Recording Reqllesled by and Please Re/U{71 10: City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, California 91910 11 " i ~ ~ " " , [i ! A This Space for Recorder's Use Ol/(1' . -------_.._----~-,----_._---_.__._- _._~------------- APN(s) 642-392-14-00 CY File No. Documentary Transfer Tax: EASEMENT DEED FOR MONUMENT SIGN AGE PURPOSES FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, THE CITY OF CHULA VISTA, a municipal corporation hereby grants to REGULa PLACE APARTMENTS, LLC, a Delaware limited liability company, in the County of San Diego, State of California, an easement for, and the right to construct, reconstruct, maintain, operate, and repair monument signs, including appurtenances thereto, in, on, over, under, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EXHIBIT "A" FOR LEGAL DESCRIPTION EXHIBIT "B" FOR PLAT Said easement is for the placement. operation and maintenance of monument signage and appurtenances for the benefit of Regulo Place Apartments only. No other commercial or non- commercial signage or use shall be permitted. Signed this day of ,2008 GRANTOR: THE CITY OF CHULA VISTA a Municipal Corporation BY: Mayor Cheryl Cox 5-3 EXHJBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT D OF MAP NO 12341, IN THE CITY OFCRULA, COUNTY OF SAi'1 DIEGO, STATE OF CALIFORNV\ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU)\''TY, INCLUDED WITHIN A STRIP OF LAND 4.00 FEET WIDE, LYING 2.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE CENTERLINE INTERSECTION OF EAST H STREET AND REGULO PLACE AS SHOWN ON MAP NO 12341; THENCE NORTHERLY ALONG THE CENTERLINE OF REGULO PLACE NORTH 34'42'04" WEST, 86.46 FEET; THENCE LEAVING SAID CENTERLINE NORTH 55017'56" EAST, 39.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 82'39'05" EAST 17.69 FEET TO THE POINT OF TERMINUS. ALL AS SHOWN ON EXHillIT "B" ATTACHED HERETO Ai'lD BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION W AS PREPARED BY !vIE OR UNDER MY DIRECTION: 11)) l?d~lFlt DK NASL."'-.ND PLS 5562 DATE MY LICENSE RENEWS 9-30-2009 Page 1 of 1 5-4 \ W N 55017'56" E V 15.00' IS \~ \<3 ~~ (FOB 6, N55017'56"E 39.4..!- ~,,>/..o() --- - - - 'l"K',(' 'I' ,>, \ ';<::::~ -.,.0 00 C:-..a ",,", o '" ""' Vl EXHIBIT "B" PROPERTY DESCRiPTiON: LOT 0 OF MAP NO. 12341, IN THE CITY OF CHULA VISTA, COUNTY OF SAN OIEGO, STA TE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN RECORDS OF SAID COUNTY. .... 'V""""-. <90~~ 07_. .". s ~J::---" c;>. \ <-'" - \ i\ ~\ '" .,. ~\ "\ 582039'05"[ 17.69' LOT5 MAP 12341 '- , L=138.36'- '25" R-3917.50 - - 6=02':91 - - - "'- LOTD EAST'H'STREET \ \~P08 c_ " BASiS OF BEARiNCS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF REGULO PLACE PER MAP NO. 12341, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY I.E. N 34042'04" W Joe NO. 107-202.1 ~ NASLAND ENGINEERING CIVIL ENGINEERING . SUR'/EYIHG. l.AND ?LAl\HING H4(} R\lrll1e~ Slreu\. SUr1 Di~I;". ClI.lifornill.. nl1l .05a-zS/!-mo LECEND: TPOS POS TRUE POINT OF BEGINNING POINT OF BEGINNING REV. DA ~ 10 18 2007 ViCINiTY AdAP NO SCALE 5-5 o 0J II - - W -1 <( (,) (f) rro IM . EXHIBIT "A" LEGAL DESClUPTION THAT PORTION OF LOT C OF MAP NO 12341, IN THE cm- OF CHULA, COUNTY OF SA1~ DIEGO, ST ATE OF CALlFORNLA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LA."1D 4.00 FEET WIDE, LYING 2.00 FEET EACH SIDE OF THE FOLLmVING DESCRIBED LINE: BEGIJ\TNING AT THE CENTERLINE INTERSECTION OF EAST H STREET AND REGULO PLACE AS SHOWN ON MAP NO 12341; THENCE NORTHERLY ALONG THE CENTERLIJ\'E OF REGULO PLACE NORTH 34'42'04" ,VEST, 85.69 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 55' 17'56" WEST, 40.27 FEET TO THE TRUE POINi OF BEGINl\'ll'lG; THENCE SOUTH 11']8'21" WEST 17.71 FEET TO THE POINT OF TERMINUS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. THIS DESCRIPTION W AS PREPARED BY 1'vffi OR 1J'N"DER MY DIRECTION: ~Q)IRt~LF1 ;-,.", .'"," DK NASLAND PLS 5562 DATE MY LICENSE REl'tEWS 9-30-2009 Page 1 of I 5-6 EXHiBIT "B" PROPERTY lJESCRIPTION LOT C OF MAP NO, 12341, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA. AS SHOWN PER MAP ON FILE IN RECORDS OF SAID COUNTY. \\'5 \<:::( \~ j\@ '0:: TPOB , S55017'56"W 4Q,2!- ,------ I "> \ '- ,r/ ' ,,-V'lV' ,,/ ,( ....,//.)<. "il' 1/ -2 'o~ y 'o~ N 55017'56" E 15.00' ""0 "'0 C'\le:) ;;'" "" "' V) / ~~,!'\ ."., , " .';,i> L=OolO 39 '\ R=3917.50' y;' 4' /" L=12.1 '" ~ S~1018'21"W, _ - - 8'2-" 17.71 _Ll=0605 ~ R=2565.50' L=312.25' LOT2 MAP 12341 \ <Y . \ ~\ "" , .... p '" -;;-\ ..,- '\ LOTe EAST 'H' STREET LECENlJ: TPOS pos TRUE POINT OF BEGINNING POINT OF BEGINNING -if.: BASIS OF BEARINCS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF REGULO PLACE PER MAP NO. 12347, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY I.E. N 34042'04" W JOB NO. 107-202.1 VICINITY MAP NO SCALE ~ NASLAND ENGINEERING CiVIL ENGlNE!::R1NG . SURVEYlNC. L\ND PLANNING 4740 n\lflller Slreet. Sail Die;:e, ClIHfornill_ 92tH _aeS-2S2-7770 REV. DATE 10 18 2007 5-7 o N II W -.J <{ U IJJ WI \ vPOB 1m RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MA YOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER PORTIONS OF CITY OWNED LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERMIT NO. PE- 283. AND AUTHORIZING THE CITY CLERK TO RECORD A CERTlFIED COpy OF THIS RESOLUTION AS NOTICE OF THE REVOCA TION WHEREAS, the City of Chula Vista is the owner of Lots C and D of Tract No. 12341 recorded March 28. 1989 as File No. 89-156320 in the Office of the County or' San Diego. State or' Calirarnia; and WHEREAS. these parcels are landscaped and maintained by the owners of the adjacent apartment complex, Marbrisas Apartments: and WHEREAS. pursuant to Encroachmel1t Permit No. PE-283, recorded ./une 22. 1990 as File Page No. 90-339503, there is one monument sign on each of the above described parcels: and WHEREAS. the owners of the Marbrisas Apal1ments. Regulo Place Apartments Investors. LLC. have requested a permanent easement to replace the Encroachment Penl1it and have olTered to purchase an easement from the City. NOW THEREFORE, BE IT RESOL VED. by the City Council of the City ofChula Vista as follows: I. That it authorizes the Mayor and City Clerk to execute an easement deed granting an easement over portions of City-owned land to Regulo Place Apartmel1t Investors. LLC rar monument signage purposes. 2. That it revokes Encroachment Penl1it No. PE-283. recorded fune 22, 1990 as File Page No. 90-339503 and authorizes the City Clerk to record a certified copy ot' this Resolution as notice ot' the revocation. 5-8 Presented by R. A Hopkins Director of Engineering 5-9 Approved as to fom1 by -/!tJ"=,o, /2 A~L--'7~ '0,-, Bart Miesfeld J Interim City Attomey