HomeMy WebLinkAbout2009/04/07 Item 5
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
~ CHULA VISTA
4/07/09, Item 5
SUBMITTED BY:
REYIEWED BY:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING A PORTION OF THE SOUTH
SIDE OF BONITA ROAD LYING ADJACENT TO THE
PROPERTIES LOCATED AT 36, 42, 50 AND 58 BONITA
ROAD EXCESS RIGHT OF WAY, ORDERING THE
SlJMMARY V ACATION OF SUCH PORTION, AND
DIRECTING THE CITY CLERK TO RECORD ALL
DOCUMENTS REQUIRED WITH THE COUNTY RECORDER
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING A PORTION OF CITY- OWNED
BONITA ROAD LYING ADJACENT TO THE PROPERTY
LOCATED AT 50 BONITA ROAD (APN 570-130-32) AS
EXEMPT SURPLUS LAND
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE OFFER TO PURCHASE
THE EXCESS PORTION OF CITY- OW'NED BONITA ROAD
ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA
ROAD (APN 570-130-32) TO THE OYVNER OF THE
PROPERTY AT 50 BONITA ROAD Al"lD AUTHORIZING THE
EXECUTION OF ALL ~"ECESSARY DOCUNIENTS TO
COl'vfPLETE THE TRANSACTI~
DIRECTOR OF PUBLIC WORKS ~
CITY MANAGER
ASSISTANT CITY MANAGER ~-;-
4/STHS YOTE: YES 0 NO ~
ITEM TITLE:
SUMMARY
The owner of property located at 50 Bonita Road has requested to purchase an unused, excess
portion of City owned Bonita Road lying between her property and the traveled roadway. This
area was left unneeded after the constmction ofthe E Street Extension in 1963. In order to sell
this land, Council is required to vacate the existing public access rights and declare the vacated
portion as exempt surplus land.
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4/07/09,IteD1~
Page 2 of4
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity qualifies
for a Class 12 categorical exemption pursuant to Section 15312 [Surplus Government Property
Sales] of the State CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The portion of Bonita Road is owned in fee by the City and was left unneeded after the
construction of the E Street extension in 1963. A map of the area in question is included herein
as Attachment 1 for reference. Currently, this land is not landscaped or maintained by the City
and is currently generating no property tax revenue because it is City owned. The applicant's
intention is to improve this area and use it to augment their existing residential lot. The total
area of the right-of-way they wish to purchase is approximately 3,965 square feet. The applicant,
at staffs direction, recently had the area in questioned appraised. This appraisal looked at the
value of the site from two different approaches. Under the first approach, the appraiser
considered the parcel to have no residential or commercial use and thus, a nominal value of
$1,000. This approach has been deemed by staff to be inappropriate for this parcel. The
appraiser's second approach took into account the parcels contributory value as an addition to the
adjacent residential property. This valuation approach is more appropriate and the resulting
valuation was $6,400. The applicant subsequently made an offer to the City in the amount of
$2,800 based upon the two valuations. This offer was rejected as insufficient. The applicant
subsequently offered $4,000 for the land. This is the offer that is being brought forth for Council
acceptance.
Summary Vacation
As stated above, in order to sell this parcel, the City must first vacate the public access rights.
Chapter 4, Section 8334(a) of the California Streets and Highways Code states that the
legislative body of a local agency may summarily vacate excess right-of-way if it is no longer
needed for public street purposes. This area is not needed for right-of-way purposes and staff is
requesting that Council vacate it at this time.
Pursuant to Section 8346 of the Streets and Highways Code, all potentially affected utilitiy
companies have been notified and an Easement for Public Utility Purposes will be reserved
across the vacated area as needed.
Declaring Exempt Surplus Land
Once vacated, the parcel needs to be declared exempt surplus land before it can be sold. In order
to declare property as exempt surplus land, a finding must be made that it qualifies. Only
exempt surplus land may be offered to the adjacent owner without benefit of a public auction.
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4/07/09, Item~
Page 3 of 4
Per Government Code Section 54221 ( e) (2) "exempt surplus land" is land that is either:
A. Less than 5,000 square feet in area; or
B. Less than the minimum legal residential building lot size for the existing or most probable
zoning classification, or 5,000 square feet in area, whichever is less; or .
C. Has no record access and is less than 10,000 square feet in area, is not contiguous to land
owned by a state or local agency which is used for park, recreational, open space, or low
and moderate income housing purposes and is not located within an enterprise zone
pursuant to Section 7073 of the Government Code nor a designated program as defined in
Section 7082.
The subject parcel falls under Section A and, as such, qualifies as exempt surplus land.
Prior to sale, a second consideration is the sale price. The sale of exempt surplus land can only
be made to an adjoining landowner. Prior to commencement of negotiations, the City must
establish a Pre-Sale Estimate (PSE) of the fair market value of the exempt surplus land. The PSE
forms the basis for negotiating the sale of the subject property, and also serves as an internal
control to ensure that the City receives an adequate return. The PSE must take into account the
following factors:
1. The original purchase price paid by the City for the subject parcel.
2. The date the City acquired the property.
3. Restrictions and requirements of any source that provided procuring funds.
4. Current market conditions that may affect the fair market value of the property.
5. Current, future and potential holding cost incurred by the City that may include, among
other things:
a. Maintenance
b. Nuisance abatement/removal
c. Liability risk/cost
Exempt surplus land need not be appraised prior to being offered for sale unless a PSE cannot be
readily determined. As detailed above, the property was appraised and a copy of the report was
submitted to the City for consideration. Because of the uniqueness of this parcel, it was not
feasible to accurately determine aPSE.
Currently, the property generates no revenue for the City and is not being maintained. It has no
economic use other than assemblage. Staff has determined that the applicant's otTer of $4,000
for this parcel falls within an acceptable range of value and represents an adequate return for the
City given the constraints that exist. The benefit of this sale is that a non-productive piece of
property with potential maintenance and liability issues can be brought back on to the ta.x rolls,
improved, landscaped and maintained at no City cost.
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4/07/09, Item :J
Page 4 of 4
A Real Estate Purchase and Sale Agreement has been prepared which details all the terms and
conditions of this proposed sale (Attachment 2). Should Council choose to vacate this land,
declare it exempt surplus, and accept the Applicant's offer to purchase, this Agreement and a
Deed (Attachment 3) would need to be executed to complete the sale.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet ofthe boundaries of the property that is the subject of this action.
FISCAL IMPACT
Funds received from the sale of this land will benefit the City's General Fund in the amount of
$4,000. Staff time costs related to the processing ofthis sale will be bome by the Applicant.
A TT ACHMENTS
Attachment l: Site Map
Attachment 2: Real Estate Purchase and Sale Agreement
Attachment 3: Grant Deed
Prepared by: Rick Ryals. Real Properry Manager. Engineering Dept.
M:\EngineerIAGENDAICAS2009\04-07-09\Bonita excess vac saleREV2.doc
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ATTACHMENT /
A~R.IAl EXJUB~T
CI TY OF CH _ V
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CIll' OF CHULA VISTA I
DEPARTMENT OF PUBLIC WORKS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
~VACAT10NAREA
JOSE LUIS GOMEZ, P.L.S. 7349
LICENSE EXPIRES 12131/09
DATE
ALE NO. JY022-08
J: \Survey\JY022-08\ YACAnON BCNITA-[ SiRET.dwg 2/24/2009 3:20:24 PM PST
5-5
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORlYf BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORlVlALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
, -,1
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C){L{/Lb-l.. Ii Ci.U. ".~, f/---
Bart C. Miesfeld {\it-e
City Attorney
Dated:
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REAL EST A TE PURCHASE AND
SALES AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA
AND
MA YRA CHRISTINA SANCHEZ
5-6
A+luchrra~ 2
REALESTATEPURCHASEN~DSALESAGREENmNT
This real estate sales agreement [Agreement] is made by and between the City of
Chula Vista, a California municipal corporation [Seller], and Mayra Christina Sanchez,
[Purchaser] .
1. Property Description: Seller agrees to sell and convey to Purchaser, and
Purchaser agrees to purchase from Seller, pursuant to the terms and conditions contained within
this Agreement, the following:
See Exhibit "A" attached hereto and by reference made a part hereof.
As more particularly shown on a plat designated as Exhibit "B" attached
hereto and by reference made a part hereof [the Property].
2. Effective Date: This Agreement shall be effective on the date which is the later
of the 1:\vo dates on which this Agreement is signed by the Seller and the Purchaser [Effective
Date1.
3. Purchase Price: The Purchase Price for the fee simple interest in the Property
shall be FOUR THOUSN'fD DOLLARS (54,000.00) due within ten (10) day of the effective
date ofthis agreement as defined herein.
4. Title: Seller shall convey fee simple title to the Property to Purchaser by Grant
Deed in the form attached to this Agreement as Exhibit C [Deed] subject to zoning and building
laws and ordinances, easements of record and acts done or suffered by Purchaser or claims made
by, through, or under Purchaser. Said deed shall be delivered to Purchaser fully executed and
ready for recordation [Delivery].
5. Title Insurance: If desired, Purchaser may obtain Title insurance for the
Property. Purchaser shall pay the standard premium for said Title Insurance.
6. Representations and Warranties: Purchaser ack.nowledges that Purchaser is
purchasing the Property on an as-is basis with no representations or warranties of any kind,
expressed or implied, either oral or written, made by Seller or any agent or representative of
Seller with respect to any stmctural or physical condition ofthe Property, or with respect to the
existence or absence of toxic or hazardous materials, substances or wastes in, on, under or
affecting the Property. Seller has made and makes no warranty or representation regarding the
fitness of the Property, or any portion ofthe Property, for any particular purpose, quality or
merchantability. To the best of its actual knowledge, without any duty of inquiry or
investigation, Seller shall disclose to Purchaser any findings of the Property and its operations.
Seller is not liable or bound in any manner by any warranties, either expressed or implied,
guarantees, promises, statements, representations or information pertaining to the Property made
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or furnished by any real estate agent, broker, employee, servant or other person representing or
purporting to represent Seller.
7. Indemnity: Purchaser hereby releases and agrees to protect, defend, hold
harmless and indemnify Seller from and against all demands, claims, injury, liability, loss,
damage, cost and expense, however same may be caused, including all costs and reasonable
attorney's fees in providing the defense to any claim arising there from,- for any loss of, or
damage to property (real and/or personal), for. personal injury to or death of any person or
persons arising out of or occurring by reason of, or any way connected with the purchase or use
of the Property.
8. Environmental Indemnity: Purchaser shall indemnify, protect, defend and hold
the Seller and its elected officials, respective officers, employees, contractors and agents
[IndemnifIed Parties] harmless from and against any and all damages, losses, liabilities,
obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs,
disbursements, or expenses (including, without limitation, attorneys' and experts' fees and
disbursements) of any kind or of any nature whatsoever [Obligations] which may at any time be
imposed upon, incurred by or asserted or awarded against the Seller, effective upon Delivery, as
to the Property or any portions of the Property, arising from or out of: the existence, release,
presence or disposal on, in, under, about or adjacent of any hazardous materials, hazardous
substances, hazardous waste or toxic substances, as defined in all applicable local, state and
federal laws and regulations [Hazardous Materials].
(a) Purchaser shall comply with any and all laws, regulations, and/or orders
which may be promulgated with respect to the discharge and/or removal of any Hazardous
Materials, to payor cause other parties to pay immediately when due the costs of the removal of,
or any other action required by law with respect to, any Hazardous Materials, and to keep or
cause other parties to keep the Property free of any lien imposed pursuant to any laws,
regulations or orders.
(b) While Purchaser is the owner of the Property, Purchaser will not use the
Property or allow the Property to be used for any activities involving, directly or indirectly, the
use, generation, treatment, storage, release or disposal of any Hazardous Materials, except in
accordance with law.
(c) Purchaser shall not install or permit to be installed on the Property friable
asbestos or lead-based paint or any substance containing asbestos or lead-based paint and
deemed hazardous by federal or state regulations. Purchaser shall be responsible at its expense
for compliance with all applicable governmental requirements in the removal of any asbestos and
lead-based paint, to the extent that these costs are not paid by the Federal Government. Purchaser
agrees to and shall defend, indemnify and hold harmless Seller and its elected officials, officers,
employees, contractors and agents from and against all claims, liability, loss, damage, costs or
expenses (including reasonable attorney fees and court costs) arising from or as a result of
Purchaser's removal or remediation of any asbestos or lead-based paint from the Property, or
Purchaser's failure to remove or remediate any asbestos or lead-based paint from the Property.
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(d) Notwithstanding the payment and performance in full of all of the
Obligations, this Indemnity shall not terminate to the extent an environmental claim arises from
or relates to any of the following contingencies or events: (i) the Seller has at any time or in any
manner participated in the management or control of, taken possession of (whether personally,
by agent or by appointment of a receiver), or taken title to the Property or any portion of the
Property; (ii) there has been a change, between the date of this Agreement and the date on which
all of the Obligations are paid and performed in full, in any Hazardous Materials laws, the effect
of which may be to make a lender or mortgagee liable in respect to any of the Obligations,
notwithstanding the fact that no event, circumstance, or condition of the nature described in
paragraph (i) above ever occurred.
(e) This Indemnity shall be binding upon Purchaser, and its successors and
assigns, and inure, together with all rights and remedies of Seller pursuant to this Agreement, to
the benefit of Seller, its respective elected officials, officers, employees, and agents and any
successor to Seller's powers and interests in the Property. None of the rights or obligations of
Purchaser pursuant to this Agreement may be assigned or otherwise transferred without the prior
written consent of Seller.
9. Release: Effective from and after the Delivery, Purchaser waives, releases,
acquits, and forever discharges Seller, its respective elected officials, officers, employees, and
agents to the maximum extent permitted by law, of and from any and all claims, actions, causes
of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation
whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that it now has or that
may arise in the future because of or in any way growing out of or connected with this
Agreement and the Property (including without limitation the condition of the Property), except
matters arising from Seller's fraud or intentional misrepresentation. BUYER EXPRESSLY
WANES ITS RIGHTS GRANTED UNDER CALIFORJ."1'IA CNIL CODE SECTION 1542
AND ANy OTHER PROVISION OF LA W THAT PROVIDES A GENERAL RELEASE
DOES NOT EXTEND TO CLAINIS THAT BuyER DOES NOT KNOW OR SUSPECT TO
EXIST IN ITS FAVOR AT THE TINIE OF EXECUTING THE RELEASE, WHICH IF
KL"1'OWN BY IT MUST HAVE MATERIALL Y .i\FFECTED ITS AGREEMENT TO
RELEASE SELLER.
Seller's Initials:
Buyer's Initials:
10. Real Estate Commission: Purchaser and Seller represent, warrant and agree that
no real estate commissions, finder's fees or broker's fees have been or will be incurred in
connection with the sale of the Property. The rights and obligations of Purchaser and Seller
pursuant to this section shall survive the Delivery or termination ofthis Agreement.
11. Default and Remedies:
(a) Seller's Default - Purchaser's Remedies: In the event that Seller
defaults on its obligations under this Agreement, Purchaser may, at its sole option and as its
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exclusive remedies for such default either (i) terminate this Agreement by written notice to Seller
and the Title Company, or (ii) if Seller's default results from its failure to transfer possession and
title to the Property to Purchaser at Delivery, enforce specific performance.
(b) Purchaser's Default - Seller's Remedies: In the event Purchaser defaults
on its obligations under this Agreement, Seller may, as Seller's sole and exclusive remedy for
such default, terminate this Agreement by written notice delivered to Purchaser.
12. Limited Liability: Any obligations or liabilities of Seller arising by virtue of this
Agreement shall be limited to the Property and resort shall not be had to any other assets of
Seller.
13. Time of Essence: Time is of the essence to both Seller and Purchaser in the
performance of this Agreement, and they agree that strict compliance by both parties is required
as to any date set out herein.
14. Notices: All notices, waivers, demands, requests or other communications
required or permitted by this Agreement shall, unless otherwise expressly provided, be in writing
and be deemed to have been properly given, served and received (a) if delivered by messenger,
when delivered; (b) if mailed, on the third (3rd) business day after deposit in the United States
mail, certified or registered, postage prepaid, return receipt requested; (c) telexed, telegraphed or
telecopied, six hours after being dispatched if such sixth hour falls on a business day within the
hours of 8:00 a.m. through 6:00 p.m. ofthe time in effect at the place of receipt, or at 8:00 a.m.
on the next business day thereafter if such sixth hour is later than 6:00 p.m. or (d) if delivered by
reputable overnight express courier, freight prepaid, the next business day after delivery to such
courier, in every case addressed to the parties to be notified as follows:
Richard A. Ryals
Real Property Manager
City of Chula Vista
276 Fourth Avenue, MS E-I00
Chula Vista, CA 91910
Mayra Christina Sanchez
50 Bonita Road
Chula Vista, CA 91910
With a copy to:
David Miller
Deputy City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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15. Interpretation: This Agreement shall be governed by the laws of the state of
California. The section headings are for convenience only and are in no way intended to
interpret, define or limit the scope or content of this Agreement. If any party is made up of more
than one person or entity, then all are identified in the singular in this Agreement. If any right of
approval or consent by a party is provided for in this Agreement, the party shall exercise the right
promptly, in good faith and reasonably, unless this Agreement expressly gives such party the
right to use its sole discretion. The term Business Day shall mean Monday through Friday
excluding holidays recognized by the state of California.
16. Entire Agreement: This Agreement represents the entire agreement between the
parties for the purchase of the Property and supersedes all prior negotiations, representations or
agreements, either oral or written.
17. Amendments or Changes to the Agreement: The terrris and provisions of this
Agreement shall only be amended or changes pursuant to a written instrument signed by both the
Seller and the Purchaser.
18. Authority to Contract: Each signatory to this Agreement represents .and warrants
that it has the authority to enter into this Agreement and that this Agreement shall be binding
upon and inure to each party, their officers, directors, trustees and representatives upon
ratification andlor approval by their respective governing bodies.
19. Successors and Assigns: The provisions ofthis Agreement shall bind the
successors and assigns of the parties, except for a bona fide purchaser for value, not affiliated in
any way with the Purchaser.
20. Assignment: This Agreement may not be assigned whole.or in part by Purchaser
without the prior written consent of Seller.
21. Attorney Fees: In the event of any action or proceeding to enforce a term or
condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in
connection with any provision ofthis Agreement or any action or proceeding in any way arising
tram this Agreement, the prevailing party in such action, shall be entitled to recover its
reasonable costs and expenses, including without limitation reasonable attorney fees and costs of
defense paid or incurred in good faith. The "prevailing party" for the purposes of this
Agreement, is that party who obtains substantially the result sought, whether by settlement,
dismissal, or judgment.
22. City Council Approval Required: Purchaser understands and agrees that this
Agreement must be reviewed and considered at a hearing before the City Council. Purchaser also
understands that pri.or to the executi.on ofthis Agreement by Seller, the City Council must
approve the vacation of public access rights across the Property pursuant to the California Streets
and Highways Code and must determine and declare the Property as exempt surplus land as
Page 5 of 6
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provided for in California Government Code. The City Council has the discretion to approve or
disapprove the vacation, the surplus land finding and/or this Agreement or any sections thereof.
This Agreement is executed by the Seller, pursuant to City Council Resolution No.
, and by Purchaser, acting by and through its lawfully authorized officer.
SELLER: THE CITY OF CHULA VISTA
Date:
By
Date:
By
PURCHASER:
Date:
Mayra Christina Sanchez
APPROVED as to form and legality this _ day of
,2009.
Bart Miesfeld, City Attorney
By
Exhibit A: Legal description of the Property
Exhibit B: Plat Map of the Property
Exhibit C: Form of Grant Deed
Page 6 of6
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EXHIBI1' nAn
CITY OF CHUlA VISTA
APN 570-130-32
50 BONITA ROAD
THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT:
I
I
I
I
I
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL
GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20, 2007 AS FILE NO.
0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID
GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET,
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE
ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST
19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050.00
FEU, A RADIAL LINE TO SAID CURVE BEARS SOUTH 12041'10" WEST, THENCE
NORHTWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 98.54, THENCE SOUTH 17044'4iJ"
S~ST 66.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.08 ACRES, MORE OR LESS.
RESERVING AN EXISTING AND FUTURE PUBLIC UTILITY AND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION.
II ~~Jt,: CITY OF CHULA V;ST~
~ DE?ARTMENT OF PUBLIC WORKS
, ~ 276 FOURTH AV"NUE i
.1 ClYOF CHU,-,^VISTA,CA91910 I
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BASIS OF SWINe C!NTERUN[ BONITA ROAl) PfR P.M. 12832.
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an' OF
ViSTA
CITY OF CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
A-tkuh~ :3
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(this spacefor Recorder's use, only)
Assessor's Parcel Number: nJa
Chula Vista CIP File No: RP-OOl
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of
Chula Vista, as municipal Corporation hereby grants to the Mayra Sanchez, that certain real
property located in the City of Chula Vista, County of San Diego, State of California, more
particularly described as follows:
See Legal Description Designated as Exhibit "A" attached hereto and by reference made a part
hereof.
As more particularly shown on a Map designated as Exhibit "B" attached hereto and by
reference made a part hereof.
Reserving therefrom an easement for all existing and future utilities across said real property.
Signed this
day of
, 2009
. CITY OFCHULA VISTA
Cheryl Cox, Mayor
(Notary Acknowledgment required for each signatory.)
5~15
EXHIBIT "An
CITY OF CHULA VISTA
APN 570-130-32
50 BONITA ROAD
THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN IV1AP 12832
CHULA VISTA TRACT 90-03 FILE 91-298S99, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF THIS
DCCUIV1ENT:
BEGINNING AT THE NORTHvVESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL
GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20, 2007 AS FILE NO.
0112043 QFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID
GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET,
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE
ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST
19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 105G.00
FEEf, A Rl\DIAL LINE TO SAID CURVE 8EARS SOUTH 12041'W' WEST, THENCE
NORHTWESTERl Y ALONG SAID CURVE AN ARC LENGTH OF 98.54, THENCE SOUTH 17044'40"
EAST 66.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.08 ACRES, MORE OR LESS.
RESERVING AN EXISTING AND FUTURE PUBLIC UTILITY AND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION,
--- ---~
~,~ CITY OF CHUUl. ViSTA
_ DEPARTMENT OF PUBLIC WORKS
276 FOURTH AVENUE '
a1YOf CHULA VISTA. CIl 91910 I
~~IA V1:St\ (619) 476-2301 J
.3h6hcc 7
JOSE~I IS GOMEZ, PL. 349 DATE
L1CEr1::- EXPIRES 12!3i109 FIL[ NO JY022-0c
,/'/ Sun,e'l\J'r'J22-08\VAC;'{IO:/ .-::') SONiTi, R~)Ai'dwg 03/04/2Q09 ~20:24 PM PST
/ 5-16
EXHIBIT liB"
CITY OF CHULA
~-/ /
~
.i' .
"I
NO.
LI
L2
LJ
DA TA TABLE
BEARING LENGTH
NI7"44'40."W 19.21'
517"44'40."E 66,66'
NIT26'o.J"W 23.7J'
CURVE: DA TA TABLE
RADIUS DELTA LENGTH
'CI, R= 20.,0.0.' D= 8S'JJ'16" L= 2986'
C2, R= 10.50.' D= 0.171'24" L= 21.81'
~)
~
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:.y" C)
"g .:0
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<.Q 0: ~ ...
~."- 0
;;
~ ~
~
RADIAL BEARING DA TA TABLE
RBI =50.9'27'0.8"W
RB2 = 512'41'10."W
RBJ = 518'o.J'48"W
RB4 = 544'76'26"E
i'
~
.~
o
i::
~
BASIS QF BEARINC CENTERlfNf: SONITA ROAD PER P.M. /28J2.
o 60.00' QRANf OE:m PE:R SOOK 5990 PAC, " RE:CORDI:D Z/Z4/1956
VISTA
NIT58'5,''W
IJ4.54'
NITJ8'51'N
POR NW 1/4 aTR SEe 111
MAP 166
NIT44'4o.''W 145.1'"
POR NW 1/4 aTR SEC 111
N 1 T44 '4o.'W
'0' 85.58'
'"
'"
'"
MAP 166
NIT444o.'l/ 1 1.4
POR NW 1/'" aTR SEC 111
MAP 166
N 1 T26'OJ'W
120..0.0.'
J2.o.o.'
R.O.S, 1884
N
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~
C1'l' OF
ViStA.
CITY OF CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
?:Iz~A- "'.,;;r-
,
DAiE
FiL[ NO. JY022-08
-08\'IACAno.N 50 BON/fA ROAO.dwg OJ/04/2009 1:20:24 PM PSf
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DECLARING A PORTION OF THE
SOUTH SIDE OF BONITA ROAD LYING ADJACENT TO
THE PROPERTIES LOCATED AT 36, 42, 50 AND 58
BONITA ROAD EXCESS RIGHT OF WAY, ORDERING
THE SUM:tv1ARY VACATION OF SUCH PORTION, AND
. DIRECTING THE CITY CLERK TO RECORD ALL
DOCUMENTS REQUIRED WITH THE COUNTY
RECORDER
WHEREAS, the City of Chula Vista is the fee owner of that certain real property more
particularly described as Bonita Road, located at East Flower Street, in the City of Chula Vista,
County of San Diego, State of California; and
WHEREAS, a portion of said Bonita Road, adjacent to the property located at 36, 42, 50
and 58 Bonita Road is currently unused and not independently developable, said Property being
more particularly described in a Legal Description designated as Exhibit "A" and depicted on a
Plat designated as Exhibit "B", both attached hereto; and
WHEREAS, said Property IS not needed for the right-of-way for Bonita Road, the City
has no further use of this remainder parcel and has received an offer to purchase a portion of said
Property from one of the owners of the adjacent property to the south; and
WHEREAS, Chapter 4, Section 8334(a) of the California Streets and Highways Code
states that the legislative body of a local agency may summarily vacate excess right-of-way if it
is no longer needed for public street purposes; and,
WHEREAS, in order to vacate, Council must adopt a resolution ordering the summary
vacation of the subject portion of the aforementioned excess right-of-way.
NOW, THEREFORE. BE IT RESOLVED tllat after considering the evidence submitted,
the City Council fmds that the subject portion of Bonita Road, as more particularly described in a
legal description designated as Exhibit "A" attached hereto and by reference made a part hereof,
and more particularly shoWn on a map thereof designated as Exhibit "B" attached hereto and by
reference made a part hereof is declared excess right-of-way and is unnecessary for present or
prospective public use; and
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby order the summary vacation of the subject portion of Bonita Road as described in said
Exhibit "A"; and
5-18
Resolution No.
Page 2
BE IT HJRTHER RESOLVED that the City Clerk is hereby directed to cause a certified
copy of the 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 recorder
of the county in which the property is located. Upon such recordation, the vacation shall be
complete.
Presented by
Richard A. Hopkins
Director of Engineering
5-19
EXHIBIT "A"
STREET VACATION
CITY OF CHULA VISTA
APN 570-130-08
36 BONITA ROAD
THE VAO\TION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE MOST EASTERLY LOT OF RECORD OF
SURVEY 1884 RECORDED IN THE COUNTY OF SAN DIEGO, JULY 9,1948 AS FILE NO. 69078
OFFICIAL RECORDS BEING THE NORTHWESTERLY CORNER OF A PORTION OF THE
NORTHWEST QUARTER SECTION 111 AS DESCRIBED IN GRANT DEED FILED IN THE COUNTY
OF SAN DIEGO DECEMBER 3,1986 AS FILE NO. 557834 OF OFFICIAL RECORDS, THENCE
ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED NORTH 72001'26" EAST
100.00 FEt I, THENCE ALONG THE PROLONGATION OF THE EASTERLY BOUNDARY OF SAID
. PORTION NORTH 17026'03" WEST 2.3.73 FEET TO A NON-TANGENT CURVE CONO\VE
NORTHWESTERLY HAVING A RADIUS OF 2.30.00 FEET, A RADIAL UNE TO SAID CURVE BEARS
NORTH 44016'26" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL .A.NGLE OF 25052.'56" AN ARC LENGTH OF 103.90 FEET TO THE POINT OF
BEGINNING.
CONTAINING 786 SQUARE FEET. MORE OR LESS.
RESERVING AN EXISTING AND FUTURE PUBUC UTIUTY AND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION
...:Ml" CITY OF CHULA VISTA
:::::3 ~ DEPARTMENT OF PUSUC WORKS
~ 276 FOURTH AVENUE
- CHUL~ VISTA, CA 91910
rnOlA ~(619) 476-2301
f Or
DATE
FIL[ NO. JY-022
.t \Sur~y\Jr022-05\ Var;!Jlic:t J$ &cni/a Rood.d"'g JIO-!/"}Q09 J:2D: 24 PM PST
5-20
110.
LI
L2
LJ
OA TA TA8L[
SfARIIIG
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1111"44 '40"W
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CITY
L~~./
19.21' ~
65.66' '~
2).7)'
o?o':'
A.j>
.'fe:>'
tf~'./I
EXHIBIT "Bn
OF CHULA
VISTA
NI7"J8'5 I '\\I
lJ4,54 '
NliJa'SI~W
POR NW 1/4 OTR SEC 111
CURVE: DA TA TABL[
RADIUS OEL iA L[IIGTH
CI. R~ 20.00' O~ 8S'J)'16" L= 29.a6'
C2, R= /050' 0= 01'11'24" L= 21.81~
a'X:
~
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Q:;G
MAP 166
Nf744'40'W
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n
NlnS'OJ"W
120.00'
J2.00'
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RBI = S0977'oa'w
R82 = SI2'4J'10'W
R8J = sla'0)'48'W
R84 .:::; S44'1S'26-r
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R.O.S. 1884
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-30.00-1 NI nS'OJ'W
~l~
~
0lY Of'
VlSTA
CllY OF CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
27S FOURTH AVENUE
CHULA VISTA,CA 91910
(619) 476-2301
,Pd
."
........
aAS1S 0; so.mnc C!N1!F.UHC. .2O-"il'TA RQ.I.D P(R P.U. 126J2.
@ 50,00' CPJ.NT C~ i'rR SOCK' 5990 p-'Gr ~ t RfCORDeD 11H/1956
rz:z:3 ,stRrr; YACAnCi"/.AR!'A
JoS LUIS GOMEZ, p.L.s/7A49
ttENSE EXPIRES 1213~~
DATE
FILE NO. JY022-0a
.J: \Sur~y\.lrQ22-0B\'I;\CA[]ON J5 aOt/IT":' ROAO.a..g 2/;4/2009 ~.20:2J PM pst
5-21
EXHIBIT "An
STREET VACATION.'
CITY OF CHULA VISTA
APN 570-130-31 42 BONITA ROAD
THE V!l,CATION OF A PART OF EXISITNG RiGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEi"lBER 13, 1963 AS FILE NO. 222076 OF OFFIOAL RECORDS AS DEPICTED IN MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599. MORE PARTICULARLY DESCRlBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OFTHIS
DOCUMENT:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT CONVEYED IN GRANT DEED
RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 2, 1996 AS FILE NO, 0052378
OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RlGHT OF WAY PER SAID GRANT DEED
NORTH ]2001'26" EAST 101.00 FEET, TO THE BEGINNING OF ,A, CURVE, CONCAVE SOUTHERLY
HAVING A RADIUS OF 670.00 FEET, THENCE NORHTEA,STERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE 01008'44"AN ARC LENGTH OF 13.40 FEET, THENCE ALONG THE
PROLONGATION OF THE EASTERLY BOUNDARY NORTH 17044'40" WEST 66.66 FEET TO A
NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1050.00 FEET, A
RADIAL UNE TO SAID CURVE BEARS SOUTH 18003'48" WEST, THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01011'24" AN ARC LENGTH OF 21.81
FEET TO A REVERSE CURVE, CONCA,VE SOUTHE.A.STERLY HAVING A RADIUS OF 20 FEET,
THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.86 FEET TO A REVERSE
CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 230.00 FEET, THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22001'38" AN ARC
LENGTH OF 88.42 FEET, THENCE SOUTH 17026'03" EA,ST 23.73 FEET TO THE POINT OF
. .
BEGINNING.
CONTAINING 0.16 ACRES. MORE OR LESS.
RESERVING..A,N EXISTING AND FUTURE PUBUC UTILITY AND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION
.s,!ft.. CITY OF CHULA VISTA .
~ DEPARTMENT OF PUBLIC WORKS
276 FOURTH A VEI,UE
art Ol' CHUL; VIST.A. CA 91910
CHUlA ViSU\ (619) "75-2301
Q~4
JO;3E tillS GOMEZ. PM- 7349
UCOOE EXPIRES 12131/09
3:/i/D c:;
DATE
FiLE NO. JY022-00
J; \Sut~y\Jro22-08\ v,J.CAT1QN 42 BOW;.!. ROAD.dp'9 OJ/04/2009 J: 2D:]4 PM PST
5-22
OAlA TABL[ ~'
afARING LfNGTH ,"
NI7"40'40"W 19.21' ~
N/7'4.4'40"W 55.55' :,:'
51 n5'oYE 23,7J' ;;
EXHIBIT nB"
CITY OF CHUL VISTA
MAP 166
NO.
LI
L2
U
Nlna'SI'" U4.54 ,
Nlna'51'"
CURVE: DA rA TABLE
RAOlUS OfLTA LENe TH
CI, R: 20.00' 0: 85'JJ'15" L: 29,55'
C2, R= 1050' 0: Oli ,'24" L= 21,81'
~
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paR NW 1/4 QTR SEC 111
N I 7"44 '40,. 145. I r'
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MAP NO. 12382
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RADIAL Ei[ARING OA rA rAEiLc
RBI : 509'27'Oa"IV
RB2 = 512'4i'10""
RB3 = 518'03'48""
R84 : 54475'25"W
<l'
R,O.S. 1684
-30.00-
CITY OF CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS
275 FOURTH AVENUE
CHUlA VISTA. CA 91910
(619) 476-23Dl
SASI3 or eF.ARfr:c CErm;Rt.rffr aCNlfa. ,;~ peEr ~.-.J. 121111.
o 50.00' CRAHl arm peR sao/( 599a PAC! H RCCCROUJ 2/2~/J95o
~ S~([r VACAn~ AROo
~l!t--
~
CItY Of
VlSIA
3/7/07
, .
DATE
FILE: NO. JY022-08
}-08\v),onON -<280NtiJ. ROAO.a'IP9 03/04/100.9 J:20:2-f p~ PST
5-23
EXHIBIT "An
STREET VACATION
CITY OF CHULA VISTA
APN 570-130-32
50 BONITA ROAD
THE VACATION OF A PART OF EXISITNGRIGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990,
PAGE 41 OF OFFIOAL RECORDS AND EAScl"1ENT TO THE COUNTY OF SAN DIEGO RECORDED
,DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL
GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20, 2007 AS FILE NO.
0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID
GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET,
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE
ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST '
19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING ,6.. RADIUS OF 1050.00
FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 12.041'10" WEST, THENCE
NORHTWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 98.54, THENCE SOUTH 17044'40"
EAST 66.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.08 ACRES, MORE OR LESS.
RESERVING AN EXISTING AND FUTURE PUBLIC UTILITY AND DRAINAGE EASEMENT OVER THE
ENTIRE VAC.A.TION.
, ~~ft.. CITY OF CHULA VISTA
~ OEPARTMENT OF PUBLIC WORKS
, 276 FOURTH AVENUE
arr Of CHUL~ VISTA. CA 91910
OiUlA YJSli\ (619) 476-23Q1
~4/
JOSMUIS GOMEZ, P(:) .S. 7349
Ui6"SE EXPIRES 12131109
3h~7
, '
DATE
FiLE NO. JY022-0c
J:\SlJn-:=y\J'f'022-08\VAC.AilCN SO 5CN1JA ROAD.dwg OJ/Ool/20D'] J;20:2~ PV PSi
5-24
NO.
LI
L2
LJ
VA TA TABLE
BEARING LENG TH
NI1"4"40"W 19.21'
SI1"44'40"E 56.66'
NI125'O;"W 2J.1J'
EXHIBIT "B"
CITY ~FCHUL7
~./
~
~
VISTA
NI 7'58'5 1"W
IJ4.54'
Nln8'S1W 22J.62'
CURve: DATA TABLE
RADIUS OEL TA LENGftI
C/. R= 20.00' 0= 85'JJ'15" L= 29.85'
C2. R= 1050' V= 0I'l/'24" L= 21.81'
~
~
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MAP NO. 12382 ~O
'")70
POR NW 1/4 aiR SEe 111
MAP 166
Nrr44"40-W r45.I1'
NJ7'4440
NP"H'40"W
0, 85.58'
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MAP 166
"l
NI7"25'OJ-W
120.00'
J2.00'
RAOfAL 8[ARING DA iA rABl.E
R81 =S09'27'08'W
R82 " S/Z'41'10'W
RBJ = SI8TJJ'48'W
R84 = 541'16'25"[
..
~
~
"
~
.".
R.O.S. 1684
'0
"
~
.
"
1-3o.aD-
~Ift..
~
01Y Of'
V1SI'A
crN OF CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
276 FOURTH AV=NUE
CHULA '1ISTA. CA 91910
/6191476-2301
BAStS OF e~l}jC CcHTt.Rl/Nt eONlfA ~CAD PfH P,1J. /28J2.
o 50.00' Gi?A'Ii arm P[Jl aCOK S9!iO P,I,GE H RECOitD!:!) 1/2{/I'3.S;:
rm STRuT .....-tc.llnc.v MOo
JOSE ~G(S GOMEZ, P.L.S. 7p;}
L1CEiI!zE EXPIRES 12/31/OEt'
3/9: 0 0
/
DATE
FILE NO. JY022-08
J: \Sllr~,\JY022-0S\ l'AC.J.1JON 50 SQN11A ROAD.d-"'9 OJ/{J.r/1009 J:20: 24 PM PST
5-25
EXHIBIT "An
STREET VACATION
CITY OF CHULA VISTA
APN 570-130-49
58 BONITA ROAD
THE VACATION OF PI PART OF EXISITNG RlGr.T OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24,1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS .AS DEPICTED IN MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUiV1ENT:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE MOST EASTERLY LOT AS DESCRIBED
IN QUITCLAIM DEED RECORDED IN THE COUNTY OF SAN DIEGO, MARCH 15, 2007 AS FILE
NO. 0177730 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID
GRANT DEED A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THROUGH A
CENTRAL ANGLE OF 04"30'46" AN ARC LENGTH OF 52.77 .FEET, TO A NON-TANGENT CURVE
CONCAVE NORTHERLY HAVING A RIl.DLUS OF 1050.00 FEET, A RADIAL UNE TO SAID CURVE
BEARS SOUTH 09027'08" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC
LENGTH OF 59.26 FEET, THENCE ALONG THE PROLONGATION OF THE WESTERLY BOUNDARY
SOUTH 17044'40" EAST 19.2.1 FEET TO THE POINT OF BEGINNING.
CONTAiNING 474 SQUARE FEET. MORE OR LESS.
RESERVING AN EXISTING AND FUTURE PUBUC UTIUT( AND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION.
..::$.\ft.. CITY OF CHULA VISTA
~ DEPARTMENT OF PU8UC WORKS
276 FOURTH AVENUE
arfOf CHULA VISTA. CA 91910
CHUu\ ~ (619) 476-2301
Y'7/oy
DATE
FlU: NO. JY022-0~
01/04/2009 J:ZO:24 PM PSi
5-26
NO.
LI
L2
LJ
EXHIBIT "B"
CITY OF CHUL
DATA TABU ~o
BEARING LENGTH "
511"44 '40'E 19.21' .'
Nlr44 ',40"W 65.55' ~
NI176'O;;"W 2).7;;' ~
VISTA
NlnB'SI"W
1.J4.54'
NTnB'SI"W 22J.52'
CURVF: DATA TABLE
RADIUS DELTA LeNGTH
CI, R= 20.00' D= as-;)'16' L= 29.86'
C2, R= 1050' D= 01'11'24" L= 21.81'
~
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MAP NO. 12382 1JO
:-YO
POR NW 1/4 QTR SEC 111
MAP 166
145./"
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,
0'
6~
. ~
:S~
~
=
.
=
POR NW 1/4 OTR SEe 111
"
'"
0,
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NJi44'40'W
85.58'
MAP 166
'"
,..
, =
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o _
2 ~
NW 1/4 OTR SEC 111
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,..,
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NI7"44'40"W 151.47'
MAP 166
...,
NI7"25'OJIV
120.00'
J2.00'
RADIAL BEARING OA TA TABLE
RBT = 509'27'08"W
RB'l = 512',1'10"W
RBJ = S/8'OJ'4B'W
RB4 = 544'I6'26'E
<t
R,O,S, 1884
~!f?
~
an- Of
CITY OF CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS
276 FOURTIi AVENUE
CHULA VISTA. CA 91910
(619) 476-2301
~(4/
/ I ~ /" {,
JOSE LlpS/GOMEZ, P,L,S. 737"
LlCEN?~XPIRES 12/31/09-'
/3.A.S15 Dr BCJ.RTNC r::~ur(.RLJNr /JOM'/. RCWJ FER P,J.l, 11~J~.
o 60.DO' r;i'.>>1T arEa Pf:R eocx 5990 PAce" I RrCORQ[!1 2/2"/19.5:
r.m Slil!Er V"CAll'av 1480.
3/J/c?9
,
DATE
FILE NO. JY022-0B
J: ur~y\.Jran-a8\ v;.CA I10N sa SONliA ROAO,d"g OJ/04/2Q09 J: ;():).; Pu PST
5-27
RESOLUTION NO.2009-
RESOLUTION OF THE CITY COlTNCIL OF THE
CITYOF CHULA VISTA DECLARING A PORTION OF
CITY-OWNED BONITA ROAD LYING ADJACENT
TO THE PROPERTY LOCATED AT 50 BONITA
ROAD (APN 570-130-32) AS EXENIPT SURPLUS
LAND
WHEREAS, the City of Chula Vista is the fee owner of that certain real property more
particularly described as Bonita Road, located at East Flower Street, in the City of Chula Vista,
County of San Diego, State of California; and
WHEREAS, a portion of said Bonita Road, adjacent to the property located at 50 Bonita
Road (APN 570-130-32) is currently unused and not independently developable, said Property
being more particularly described in a Legal Description designated as Exhibit "A" and depicted
on a Plat designated as Exhibit "B", both attached hereto; and
WHEREAS, said Property is not needed for the right-of-way for L Street, the City has no
further use of this remainder parcel and has received an offer to purchase said remainder from
the owner of the adjacent property to the south; and
WHEREAS, said Property meets the defInition under California Government Code
("G.C.") Section 54221 of "Exempt Surplus Land"; and
WHEREAS, "Exempt Surplus Land" is not required to follow the procedures identifIed
in G.C. Section 54222 et seq. prior to the disposition of said land:
NOW, THEREFORE, the City Council of the City of Chula Vista hereby declares as
"Exempt Surplus Land" the herein referenced Property more particularly ShovVll and described
on the attached Exhibits, pursuant to Goyernment Code Section 54221 (e) (2 (C).
Presented by
Richard A. Hopkins
Director of Engineering
5-28
EXHIBIT "An
CITY OF CHULA VISTA
APN 570-130-32
50 BONITA ROAD
THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24,1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 13, 1963 AS FILE NO, 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF THIS
DCCUfvlENT:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL
GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20,2007 AS FILE NO.
0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID
GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET,
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE
ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST
19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050,00
PEEf, A RADIAL LINE TO SAID CURVE BEARS SOUTH 12041'10" WEST, THENCE
NORHTWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 98,54, THENCE SOUTH 17044'40"
S'\ST 66,66 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.08 ACRES, MORE OR LESS.
RESERVING AN E:~1STING AND FUTURE PUBLIC UTILTTY l\ND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION.
I
I
I
I
I
I~-
I ~,~ CITY OF CHULP- V;ST,~
II ~ DEPARTMENT OF PUBLIC WORKS I
I 276 FOURTH AVEI.UE i
. Cl1Y Of CHULA VISTA. CA 91910 I
, I LCHUIA. VlSTA (519) 476-2301 J
(I~~
~~/ ~ _3~&;;C~7
JOS~0tIS GOMEZ, P.l.fi~49 , DATE
LlCEfy--= EXPIRES 12i31/09 FILE NO. jY022-0
(j\su:W!yI,JYQ22-0B\ '1A(J".fJO:: 5'; 8fJMr:.. P.')A(! dwg 03/04/2009 J:20:24 PM PSI'
5-29
EXHIBIT liB"
CITY OF CHUL
~-/
~
~
NO.
LI
L2
LJ
OA TA TABLE
BEARING LENGTH
NI7"44 '40"W 19.21'
517'44 '40"e 66.56'
Nln5'OJ"W 2J.7J'
CURYf: DA TA TABLe
RADIUS DEL TA LeNGTH
CI, R= 20.00' 0= 85'JJ'16" L= 29.86'
02, R= 1050' D= 0171'24" L= 21.al'
~
~
~~
~
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\\ Ou, /t~
\.J ~ 'Y<:~~'~;>
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/v & <9d'~~<:~"
",Q: ~?- '"
o -y
MAP NO. 12382 1JO
""YO
RADIAL BE:ARING DATA TABLe
RBI =so,r27'Oa"w
RB2 = SIZ'4I'10"W
RBJ = SI8'OJ'48"W
RB4 = S44'15?5"[
BtS!5 Of aWING CSNiERUN( BONrTA ROAD pm PJJ. 128J2.
o oD.OO' GRANT DEED P!R BOOK 5.990 pAce 41 RECORDED 2/24/1955
~!f.t..
~
01Y Of
VISTA
CITY OF CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
276 i=OURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
VISTA
I
1J4.54' I
N17'38'51"W 223.5Z'
N I 7"58'51"W
paR NW 1/4 QTR SEC 111
MAP, 166
NI7"H'40"W 145.1/"
POR NW 1/4 OTR SEC 111
NI T44"O'W
o 85.58'
"'
'"
'"
MAP 156
,"-'
'"'
'" ('oj
'"
'f'
'"'
'"
"3.:'0
~~~
~--
,... ~ Q ~
. \Q It: ~ -
= ~ "
= '-
"' =
2 ~
'"
'"'
l"
'"
'f'
'"'
'"
paR NW 1/4 om SEe 111
MAP 165
N ITZ5'OJ'W
lZ0.00'
32.00'
R.O.S. 1884
JOS, UIS GOMEZ, P.L., .
lICEl'1SE EXPIRES 12/311Ja9
...,
\fl
\fl
c:i
z
~
<(
:2
'"
-0-
Jc \Su,vey\JY022-08\ VACA nON 50 BONITA ROAD.dwg OJ/0'/2009 J: 20: 24 PM PSI
5-30
RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE OFFER TO PURCHASE THE
EXCESS PORTION OF CITY- OWNED BONITA ROAD
ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA
ROAD (APN 570-130-32) TO THE OWNER OF THE PROPERTY
AT 50 BONITA ROAD A1"\.fD AUTHORIZING THE EXECUTION
OF ALL NECESSARY DOCUMENTS TO COMPLETE THE
TRANSACTION
'WHEREAS, the City of Chula Vista is the fee owner of that certain real property more
particularly described as Bonita Road, located at East Flower Street, in the City of Chula Vista,
County of San Diego, State of California; and
WHEREAS, a portion of said Bonita Road, adjacent to the property located at 50 Bonita
Road (APN 570-130-32) is currently unused and not independently developable, said Property
being more particularly described in a Legal Description designated as Exhibit "A" and depicted
on a Plat designated as Exhibit "B", both attached hereto; and
WHEREAS, the City Council of the City of Chula Vista has declared said Property as
"Exempt Surplus Land", pursuant to Government Code Section 54221 (e) (2) (C); and.
WHEREAS, the O'iVner of said adjacent parcel has offered to purchase the property from
City.
NOW, THEREFORE, the City Council of the City of Chula Vista hereby accepts the
offer to purchase made by the adjacent landowner and authorizes the Mayor and City Clerkt~
execute the Real Estate Purchase and Sale Agreement and the Grant Dee . ./l ,/ ~. /
fJ ~ / '
Presented by AP~;o7d a~ to . 0 /
I Ml 1/
B Miesfel
C. I
. lty Attorney
Richard A. Hopkins
Director of Engineering
/
/
5-31
EXHIBIT "Au
CITY OF CHULA VISTA
APN 570-130-32
50 BONITA ROAD
THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN
GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990,
PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 13,1963 AS FILE NO, 222076 OF OFFICIAL RECORDS AS DEPICTED IN.MAP 12832
CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS
DOCUMENT,:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL
GP.A.NT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20,2007 AS FILE NO,
0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID
GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET,
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE
ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID lOT NORTH 17044'40"WEST
19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050,00
rEEf, A RADIAL UNE TO SAID CURVE BEARS SOUTH 12041'10" WEST, THENCE
",jORHTWESTERlY ALONG SAID CURVE AN ARC lENGTH OF 98.54, THENCE SOUTH 17044'40"
SC;ST 66.66 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.08 ACRES, MORE OR LESS.
RESERVING AN EXISTING AND FUTURE PUBLIC UTIUTY AND DRAINAGE EASEMENT OVER THE
ENTIRE VACATION,
I
I
,
i
I
I~ --::J
I ~lf.? CITY OF CHULA VISTA
'I ~ DEPARTMENT OF PUBLIC WORJ<:S
276 FOURTH AVENUE i
.1 CJ1'( Of CHULA VISTA. CIo 919',0 J
! ; CHUIA. \fiS'I)\ (619) 476-2301
,C?~
JOSE 0 IS GOMEZ, p.L.fi'?A9
lICE)~ EXPIRES 12/3,/09
/JAsu:-YeY\JY?22-0e\ VAet. nO.'J }<;. BON/i.J. A'UAf'dwg
]h6hc"7
DATE
FILE NO. JY022-0
CJ/o<;~OOg .k2O,2< PM PSI
5-32
NO.
LI
L2
U
DA TA TABLe
BCARING LENG /}I
Nlr44'40"W 19.21'
51 7'44 '40"E 65,56'
Nl775'OJ"W 2J.7J'
CURve DA TA TABLe
RAOIUS OELTA LENGni
CI, R= 20.00' D= 85'.3J'15" L= 29.86'
C2, R= 1050' 0= 017}'24" L= 21.81'
~
~
~ "(-
~
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/) k
'0 ,#~!
SA %--,,('..~'.o'~~
/ ~ ",-,?o,:
. (<',,('..
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,,( t ';
",Q:2 //
o -J
MAP NO, 12382 --?JO
::y'<)
RADIAL BEARING DAiA TABLe
RBI =50977'08"W
RB2 = 512'4J'T0-W
RBJ = 518'OJ'4a"w
RB4 = 54476'26-E
EXHIBIT liB"
CITY OF CHUL
~.l
~
J
VISTA
NT7"S8'ST'N
IS4.S4'
N 1 7'S8'S I 'N
paR NW 1/4 OTR SEC 111
MAP 155
NI7"44'40'N 14S.Ir'
POR NW 1/4 QTR SEC 111
MAP 155
'g .;
1-~~ POR NW 1/4 OTR SEe 111
g ~ c: ~
~ ~ MAP 155
:;;
N I 7"25'OJ'W
/20.00'
J2.00'
1-
~
.~
c
i::
.
R.O.S. 1884
NT7"44'40''W
'0 85..58'
en
'"
OJ
i"
~
l'1 N
OJ
'"
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~
'"
i"
~
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f>
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'"
....,
<0
<0
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Z
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:2
BASIS or oEARINC C(Nff.Rt/NE: SONlTA ROAD P€:R 1',101. 1.lan.
o 50.00' GRANr arEJ) pEft aOOK 5990 PAC( 41 R[CCRD~D 2/24/1955
~Vt.>
~
'otY Ol'
V1SrA
CITY OF CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
276 FOURTH AVENUE
CHUU- VISTA, CA 91910
(619) 476.2301
~G(4~
JO~EI.:U1S GOMEZ, P.L. . Y 49
L1C~SE EXPIRES 12/3bJ9
n
'"
J: \Survey\JY022-08\ VACA nON 50 80NJiA ROAD.awg OJ/04/2009 J: 20:24 PM PSi
5-33