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HomeMy WebLinkAbout2010/01/12 Item 3 CITY COUNCIL AGENDA STATEMENT ~\ft,.. CITY OF .~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 1/12/10, [tem~ RESOLUTION OF THE CITY COUNCIL OF THE CITY Of CHULA VISTA ACCEPTING DIRECTOR'S DEEDS fOR EXCESS RIGHT-Of-WAY ADJOINING STATE ROUTE 125 PARCELS DESIGNATEO AS CALTRA1'lS PARCEL NUrvIBERS 00-32034- 01-01,00-32035-01-02,00-32037-01-01 AND 0032029-01-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING CALTRANS PARCEL NUMBER 0032029-01-02 TO ITS ORIGINAL OWNER EASTLAKE VILLAGE WEST ASSOCIATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL OOCUNIENTS NECESSARY TO RECORD THE DIRECTOR'S OEED tl DIRECTOR Of PUBLIC WORKS ASSISTANT OIRECTOR OF ENGINE G CITY MANAGER f!::, ASSISTANT CITY MANAGER. . 4/ HS VOTE: YES 0 NO l8:l SUMMARY The State of California has informed South Bay Expressway that there are. several parcels considered as excess right-of-way to the State along the State Route 125 Toll Road corridor. There are some parcels initially anticipated to be a part of State Route 125 that have been deemed by the California Department of Transportation (Caltrans) to be not necessary for the toll road. Adoption of these Resolutions will convey those parcels to either adjacent land owners or to the City of Chula Vista. ENVIRONi.YrENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed actions are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that the proposed actions may have a significant effect on the environment, pursuant to Section 15061(b)(3) of the State CEQA guidelines, the proposed actions are not subject to CEQA. Thus, no further environmental review is necessary. 3-1 1/12/10, Item~ Page 2 of 3 RECOMMENDA nON Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION On April 16, 2002, the City of Chula Vista entered into the "City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real Property" to facilitate development of the State Route 125 toll road (SR-125) through the City of Chula Vista. This agreement set forth the terms and conditions for the City's transfer to Caltrans of title to City-owned property that had been set aside for the toll road. Most of this land was acquired by the City through dedication by developers of land within the City. Pursuant to this Agreement, the City has previously transferred title of the City-owned parcels to Caltrans. After finalizing the constmction of SR-125, it was necessary to make minor adjustments in the alignment and/or final "as-built" design of the toll road. Consequently, Caltrans, South Bay Expressway (SBX) and City of Chula Vista identified certain CaItrans owned parcels that are considered to be excess to the State. Chronologv ofProiect Right-of-Wav Adiustments On September 25, 2007, by Resolution 2007-239, Council approved the transfer of City owned parcels and easements and relinquished access rights to Caltrans. Moreover, under Resolution 2007-240, Council accepted the transfer of Caltrans owned parcels to the City for the final alignment of the toll road. On September 1, 2009, City Council approved three resolutions 2009-202, 2009-205 & 2009- 206 that accepted those excess parcels along other sections of the toll road corridor. A recent review of the SR-125 alignment by Caltrans identified four additional parcels that are considered to be excess and should be transferred in fee to the City or adjacent land owner (see attached vicinity map). These four parcels are excess land that fall outside of the ultimate SR- 125 right-of-way and are no longer needed by the State for the purpose intended. Upon completing the transfer to the City of these four parcels, the City will retain three of these parcels since they are landscaping areas and are adjoining local public streets. However, the City will convey the parcels next to the south side of Otay Lakes Road and west of SR-125 (east of LA Fitness Center) to its original owner, Eastlake Village West Association, since these are landscaping areas that belong to the Eastlake Village West parcel and are not adjoining a local public street. Therefore, Caltrans will grant to the City of Chula Vista the following parcels of excess land that ended up outside ofthe final right-of-way of SR-125: Parcel Next to Telegraph Canyon Estates Tennis Courts, Director's Deed DO 32034-01-01 This area mns along the west side of SR-125 next to the Telegraph Canyon Tennis Courts and north of Otay Lakes Road. This area will revert back to Open Space District No. 31. The area is approximately 836 square meters (8,998 square feet ,or 0.21 Acre) (Attachment 2). 3-2 1/12/10, Item~ Page 3 of 3 Parcel South of Eastlake Parkwav. Director's Deed DO 32035-01-02 This area is located at the southwest comer of the intersection of SR-125 and Eastlake Parkway. The area is approximately 1675 square meters (18,029 square feet or 0.42 Acre) (Attachment 3). Parcel North of Eastlake Parkwav. Director's Deed DD 32037 -01-01 This area is located at the nOl1hwest comer of the intersection ofSR-125 and Eastlake Parkway. This area is approximately 1624 square meters (17,480 square feet or 0.41 Acre) (Attachment 4). Parcel East of Eastlake Village West. Director's Deed DD 32029-01-02 This area runs along the west side of SR-125 between Eastlake Village West and the freeway. Since this area does not adjoin a local public street, staff recommends conveying it to its original owner Eastlake Village West Association. Eastlake Village West Association already sent us a letter stating that they will accept the transfer of this parcel back to them (see Attachment No.6). This area is approximately 1604 square meters (17,264 square feet or 0.40 Acre) (Attachment 5). 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. CURRENT FISCAL IMPACT There is no impact to the General Fund as a result of this action. ONGOING FISCAL IMPACT Tonight's action is to make right-of-way adjustments along the State Route 125 corridor at the local street crossing of Eastlake Parkway and at the Telegraph Canyon Estates Open Space District lot located north of Otay lakes Road and the Eastlake Village West property located south of Otay Lakes Road. Since the local street landscaping and roadway maintenance is the responsibility of the local agency to maintain, and these areas are already maintained through City administered landscaping maintenance districts, there are no additional costs incurred. Those landscaping areas pertaining to the Eastlake Village West parcel are not on the local street, and are the responsibility of the property owner to maintain and as such are not a cost to the City ofChula Vista. ATTACHMENTS l. Vicinity Map 2. Director's Deed 32034-01-01 for Telegraph Canyon Estates 3. Director's Deed 32035-01-02 for Parcel South of Eastlake Parkway 4. Director's Deed 32037-01-01 for Parcel North of Eastlake Parkway 5. Director's Deed DO 32029-01-02 for Parcel East ofL A Fitness Center 6. Letter from Eastlake Village West Association, dated October 22,2009 Prepared by: Rick Ryals, Rea! Property Manager, Public Works Department Francisco X. Rivera, Frillcipal Civil Engineer, Public Works Department M:\Engineer\AGENDA\CAS201 O\OI-12-IO\SR I 25ExcessROW-CCAgSI-I 12 IO-FINAL.doc 3-3 SR-125 DIRECTOR'S DEEDS ATTACHMENT ~_ 00-32037 -01-01 j .; 00-32029-01-02 ~~..~ .. "9~ " ~~~. ;0 '.' '.~:;;' VICINITY MAP EXHIBIT NO.1 LEGEND N AREA TO DEEDED DIRECTOR'S DEED NO. , 00-32034-01-01 I E s 3-4 ATTACHMENT ~ DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING THEREON ATTIME OF SALE. Signature of declarant or agent determining tax - firm name Unincorporated Area When recorded mail to: City of State of California Department of Transportation 4050 Taylor Street M.S. 310 San D/eoo CA 92110 Space above this line for Recorder's Use RfW MAP CLO 52025m E.A. 232302 DIRECTOR'S DEED District Countv Route Post Number 11 SO 125 KP 10.7 DO 32034-01-01 The STATE OF CALIFORNIA. acting by and through its Director of Transportation, does hereby grant to THE CITY OF CHULA VISTA all that real property in the County of San Diego. State of California, described as: SEE EXHIBIT "A" MAIL TAX STATEMENTS TO: Form RW 6~ 1 (S) (Revised 4/96) 14 92DO.32034-01-0 1.doc 10/26/2007 3-5 NUMBER 0032034-01-01 EXHIBIT "A" A portion of land conveyed to the State of California May 22nd, 2003, as Document No. 2003- 0604634, filed in the Office of the County Recorder of San Diego County, and located within Section 34, Township 17 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, described as follows: Commencing at a point in the Northwesterly line of said land granted to the State of California; said point being the Southerly terminus of that certain course bearing North 18054'33" East 30.811 meters; thence along said Northwesterly line North 18054'33" East 23.859 meters to the True Point of Beginning; thence North 18054'33" East 6.951 meters; thence North 21004'31" East 38.879 meters, thence North 20008'24" East 18.762 meters; thence North 20008'43" East 17.884 meters; thence North 14035'20" East 17.450 meters; thence leaving said Northwesterly line South OT29'51" East 4.145 meters; thence South 05023'01" West 37.588 meters; then'ce South 11017'17" West 35.740 meters; thence South 52056'48" West 29.154 meters to a point in said Northwesterly line that bears South 18054'33" West 6.951 meters from the True Point of Beginning; thence along said Northwesterly line North 18054'33" East 6.951 meters to the True Point of Beginning. Containing 836 square meters, more or less. Subject to special assessments if any, restrictions, reservations, and easements of record. There shall be no abutters rights, including rights of access appurtenant to the above described real property in and to the adjacent State highway. This parcel is landlocked, without any direct access to the freeway or to any public or private road. The State of California is without obligation or liability to provide access to said real property. Coordinates, bearings and distances, as stated hereon, are basin on the California Coordinate System of 1983, HPGN Epoch 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply distances by 0.999 999 to obtain ground level distances. /~-:-::'.""-r;:;:::::~ /.:\- \...J~"'L] <,'>""" /<,., 0 .-.... 'I''''' \- ;. ~:;:;.~' :'~~(~o'\ T .~ 'J.:t:5<~~>\ (~' :'//,10 1:p \9<'\)\ i * \, _:W L7t)9G ,: * ~ " ' (';,.'). .. ' , " \ ,..-....-....-..... :' \, d~~>" . .;.~~~" ,II "-~:t'(jF~'C" \~()'~' / ~-~::'.::;;>" f7,~~ B. SCOTT EDKINS LS 7696 EXPIRATION DATE 12131108 1'<>> /""ft7 OATE Form RW 6-1($) (Revised 4/96) 149200-32034-01-0 1.doc1 0/30/2007 3-6 NUMBER DO 32034-01-01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 20_. APPROVED AS TO FORM AND PROCEDURE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ATTORNEY DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact State of California } 55 ACKNOWLEDGMENT County of On before (here insert name and tit:e of the officer) me, personally appeared _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) (This space reserled for GTe Certification) Form RW 6-1 ($) (Revised 4/96) 149200-32034-01-0 l_cocl 0/25/2007 I <1.."7 COUNTY OF 0032034-01-01 O!RCH ROAD This mop has been pieper-ed by me, or under- my d i ,oct ion, ! n conformance with the Profess i Dna I Land Surveyors' AcL DIAY S;gnoture i?~~ Date /~/?o9Ji( SAN DIEGO SAN MIGUEL ROAD PROCTOR VALLEY ROAD H STREE r ~'" E.A. 232302 EXHIBIT"B" KEY MAP STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 11 EXCESS PARCEL MAP 0032034-01-01 POI. 52025m RIGHT OF WAY MAr' NO. COUNTY ROUTE SO 125 PM/KP 10.7/6 5 SCALE ~IOi"E SHEET 1 OF' 2 ~ CITY 0/ ~ , / 6.951 rn ~'r(23 859 j II /1\/\ /T P 0 8 P. O. C~ '30 8 f'\,[; _ ? . 1 I 0': "8 OF T ,) CHULA j -j n. J 0 j VISTA EXH I BIT' "B" ,) J\ J \}\J J JVj J\ P I J) () (-, c) . '- '--"~, / E ""' E co 0 E C() In ""' '" '" OJ t'J 0) ~ 1\ " '- 37, 588 rn - CD:r-- SECT j ON J~} I_OT "1\" o i 0-1 ~ EXISTING RIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA PER FILE NO. 2003-0604634 REC. MAY 22, 2003 IDD32034-01 -011 AFlEA~8,36 m2 In ""' -J -q' co r"') l.rJ <D _, cO co ""' 3 S Y...L (' + ~ ~ \ ~ FD }l4" RON PIPE W\DISC STAMPED "L, S. 4324" PER P~1 l ~-CENTER L '/4 COR. SEC 34 138.33 "A'l LINE\ 1 STATE OF CALIFORNIA 125 DEPARTMENT OF TRANSPORTATION PM 6.6 KP 10.7 ~'" DISTRICT 11 E.A. 232302 EXCESS PARCEL MAP DD32034-01-01 RIG~1"O~OWAY POI. 52025m COUNTY ROU1E V,P/PM 5CALE SD '25'0 7/6.6 NONE SHEET 2 or 2 ATT ACHMENT3 STATE OF CALIFORNIA HIGHWAY USAGE STATE BUSINESS FREE GOVT CODE 6103 DEPARTMENT OF TRANSPORTATION DISTRICT 11 When recorded mall to: State of California Department of Transportation 4050 Taylor Street M,S. 310 San Diego, CA 92110 Space above this line for Recorder's Use RfW MAP 52026m E.A.232302 DIRECTOR'S DEED District Countv Route Post Number 11 SO 125 13.0 DO 32035-01-02 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF CHULA VISTA all that real property in the CITY OF CHULA VISTA, County of SAN DIEGO, State of California, described as: SEE EXHIBIT "A" MAIL TAX STATEMENTS TO: Form RW 6-1(S) (Revised 01/08) . 1492DD-32035-01-02.docl0/15/2008 3-10 NUMBER DO 32035-01-02 EXHIBIT "A" A portion of land conveyed to the State of California May 22nd, 2003, as Document No. 2003- 0604639, filed in the Office of the County Recorder of San Diego County, and located within Section 34, Township 17 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, lying Northerly of the following described line: Commencing at a point on the Southerly right of way line of Eastlake Parkway as dedicated on Map No. 11403, recorded in the Office of said County Recorder on December 26, 1985, said point being the Easterly terminus of that certain course bearing North 74050'48" East 74.929 meters (described as North 74051'02" East 74.929 meters per said Document No. 2003-0604639); thence along said boundary of State land and said Southerly right of way South 74050'48" West 21.356 meters to the True Point of Beginning; thence leaving said Southerly right of way South 15012'37" West 27.182 meters to the Easterly Terminus of that certain course in said boundary of State land described as South 77"11 '26" West 18.456 meters; thence along said boundary of State land South 77"11'26" West 18.456 meters; thence South 86054'00" West 21.610 meters; thence South 89'41 '36" West 11.589 meters; thence North 83041'12" West 11.543 meters; thence North 85018'53" West 10.083 meters; thence North 82'58'32" West 17.096 meters; thence North 76054'19" West 8.153 meters; thence North 07008'13" West 7.158 meters to a point on the Southerly right of way line of said Eastlake Parkway, said point being the Point of Terminus, Containing 1675 square meters, more or less. Subject to special assessments if any, restrictions, reservations, and easements of record. There shall be no abutters rights, including rights of access appurtenant to the above described real property in and to the adjacent State highway. Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate System of 1983, HPGN Epoch 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply distances by 0.999 999 to obtain ground level distances. This legal description has been prepared by me or under my direction in conformance with the Land Surveyors' Act. ~~LA~!O-~. /,;+/:,s':;c:a{T~fO~~u." ~ 1/" -.) 'l-A.k\ I~ ~. IJ-. 0\ I -.J I \ ~\ \* ( E;~O(Y;f-~) *) ~~ ~"./; <2 ft'---~~~Ci\~ ~OFct\'--' /. . --- ----.... 0.~ B. SCOTT EKINS LS 7696 EXPIRATION DATE 12/31/08 1&';:'1/"B DATE Form RW 6-1 (S) (Revised 01/06) 149200-32035.01-02.doc 10/15/20081:24:00 PM 3-11 NUMBER DO 32035-01-02 Subject to special assessments if any, restrictions, reservations, and easements of record, This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code, WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 20 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation By Attorney in Fact Janet Schaffer Deputy District Director, Right of Way Division STATE OF CALIFORNIA } ss PERSONAL ACKNOWLEDGMENT County of San DIego On this the_ day of 20 _' before me, Name, Title of Officer-E.G., "Jane Doe, Notary Public" personally appeared Name of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed in his/her authorized capacity, (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public's sIgnature in and for said County and State) (for nOlary t681 or slamp) THiS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-98-22, approved on October 27,1998, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY, Dated this day of ,20 Janet Schaffer Form RW 6-1(5) (Revised 01/08) 1492DD-32035-01-02,doc 10115120081:24:00 PM 3-12 OF SAN DIEGO EXH I BIT' "A" MIGUEL ROAD ROAD OTA't LAKES ROAD DD32035-01-02 \ \, This mop has been prepored by me. or under my d i reet ion, in conformance with the Professional Land Surveyors' Act. DTAY ~ MESA ROAD ~ Signature ~~ --*4EL- Date ~'" E.A 232302 M ~ I M KEY MAP STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 11 EXCESS PARCEL MAP 0032035-01-02 RIGHT Of WAY P 52026m MAP NO. . 0 I . COUNTY ROUTE PMJKP SO J25 6.1113.0 SCAlE NONE SHEET 1 OF 2 CITY OF CHULA T" J7 (L J\ 1 0 " VJ A P .32 .31 .30 29 28 27 .3.3 .34 LOT B ! - 11.54.3 10032035 01 AREA=1675 m2 POR. N.W. 1/4 SECTION 34 QY 4.572 (15') WIDE EASEMENT TO CITY OF CHULA VISTA PER FILE NO. 86-.388611 REC.' SEPT 4, 1986 (32035) VISTA 2 \~J " J j /l~l ~5 ~ JVjAP -~ , EXH I BIT' "B" ,$--:h- (120' )~~E~ 3_6$'L!'I>~ -PER _--TO S.D.G'83_107938 FILE NO RIl 5, 1953 REC.' lAP POR. N.W. 1/4 SECTION 34 "'" ~ o I I I I--Lb -0:;..------ 0- 0------------- PARCEL "A" (32037-1) ------- --0 >;} ( z '<.~ y STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ~,,< DISTRICT 1 1 EXCESS PARCEL MAP DD32035-01-02 RIG~;p O~OWAY POi. 52026m COUNTY ROUTE PI,(/KP SCALE SO 125 B. '/13,0 NONE SHEET 2 or 2 E.A. 232302 ATTACHMENT L , STATE OF CALIFORNIA HIGHWAY USAGE STATE BUSINESS FREE GOVT CODE 6103 DEPARTMENT OF TRANSPORTATION DISTRICT 11 When recorded mail to: State of CalifornIa Department of Transportation 4050 Taylor Street M.S. 310 San Diego, CA 92110 Space above this tine for Recorder's Use RNV MAP 62026m E.A.232302 DIRECTOR'S DEED District Countv Route Post Number 11 SO 125 13.0 DO 32037-01-01 The STATE OF CALIFORNIA, acting by and through its Director ofTransportation, does hereby grant to THE CITY OF CHULA VISTA all that real property in the CITY OF CHULA VISTA, County of SAN DIEGO, State of California, described as: SEE EXHIBIT "Au MAIL TAX STATEMENTS TO: Form RW 6-1(S) (Revised 01/08) 149200-32037 -01-01.docl 0/17/2008 3-15 NUMBER DO 32037-01-01 EXHIBIT "A" A portion of land conveyed to the State of California May 22nd, 2003, as Document No. 2003- 0604642, filed in the Office of the County Recorder of San Diego County, and located within Section 34, Township 17 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, lying Southerly of the following described line: Commencing at a point on the Northerly right of way line of Eastlake Parkway as dedicated on Map No. 11403, recorded in the Office of said County Recorder on December 26,1985, said point being the Easterly terminus of that certain course bearing North 74"50'48" East 74.510 meters (described as North 74'51'02" East 74.510 meters per said Document No. 2003-0604642); thence along said Northerly right of way line and boundary of said State land South 74"50'48" West 20.887 meters to the True Point of Beginning; thence leaving said Northerly right of way line North 55032'20" West 28.381 meters; thence South 73052'24" West 2.878 meters to a point on said boundary of State land bearing South 70"03'00" West 5.453 meters from the Easterly terminus of that certain course bearing South 70003'00" West 64.554 meters (described as South 70003'13" West 64.554 meters per said Document No. 2003-0604642); thence along said boundary of State land South 70 003'00" West 59.100 meters; thence South 79054'41" West 22.229 meters; thence South 07"08'26" East 8.356 meters to a point on the Northerly right of way of said Eastlake Parkway, said point being the Point of Terminus. Containing 1624 square meters, more or less, Subject to special assessments if any, restrictions, reservations, and easements of record. There shall be no abutters rights, including rights of access appurtenant to the above described real property in and to the adjacent State highway. Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate System of 1983, HPGN Epoch 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply distances by 0.999 999 to obtain ground level distances, This legal description has been prepared by me or under my direction in conformance with the Land Surveyors' Act. ,.-'~'--A" ---, /'/ \_ l'lO s--" /: 'v<::J ~---~u';;---" I ~%(-'O\ T ED~ t"1/::::-\, '/~~.r/...... C;l ~L. \."L_\ ,2/'G 'U"\?o\ i i NO. L 7.59f \ 1 .\* \ ["p. 1-<<~0"~ J *; , A ' , \ I ~ J'.0- ",'- /. " ..-,/..,----., o<;;-"''//. '-of OF CAUl // ---- ---- B?/~~ B_ SCOTT E'OKINS LS 7696 EXPIRATION DATE 12/31/08 f4-;{;/&B I 'DATE Form RW 6-1(8) (Revised 01/08) 1492DD-32037-01-01.doc 10/17/2008 8:47:00 AM 3-16 NUMBER DD 32037 -01-01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 20 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation By STATE OF CALIFORNIA } ss Attorney in Fact Janet Schaffer Deputy District Director, Right of Way Division PERSONAL ACKNOWLEDGMENT County of San Diego On this the_ day of 20 _' before me, Name, Title of Officer-E.G., "Jane Doe, Notary Public" personally appeared Name of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed in his/her authorized capacity, (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seaL (Notary Public's signature In and for said County and State) (rornolarysealorslamp) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-98-22, approved on October 27,1998, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this day of ,20 Janet Schaffer Form RW 6-1(8) (Revised 01108) 1492DD-J20J7-01-01.doc 10/1712008 8:47:00 AM 3-17 OF SAN DIEGO MIGUEL ROllO ROAD DD32D37-01-01 ThIS mop has been Dlepo,ed by me, or under my d i reet ion, in confor""monce with the ProfessIonal Land Surveyors' Act. DTAY Signature [7. ~~ Date ,,,,)..,j,,'d / I ~'" E.A 232302 EXHIBIT "A" KEY MAP STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT t 1 EXCESS PARCEL MAP DD32037-01-01 POI. 52026m RIGHT OF WAY MAP NO. COUNTY ROUTE SO 125 PM1KP SCALE NONE SHEIl 1 or 2 8.\/13.0 CITY VJJ-\P -r 33 34 OF J7 30 '-- R-J 27 LOT B 32 31 J2010 29 -J 28 EXHIBIT'''B'' ,cD ~ ,120' ) ~~EJiL-- 576 !!'~-pER ~ ""11 5. 1983~ Ii f: } DD32037 01 01 AREA=1624 m2 POR. N.W. 1/4 SECTION 34 I \ o 28.381 m o~ O~ O~ ----------- C0 4.572 (15') WIDE EASEMENT TO CITY OF CHULA VISTA _____ PER FILE NO. 86-388611 ~ REC.' SEPT 4~ '3 ~"o (32035) \(jJ '\~ ~ E.A.232302 \11 ~$ POR. N. W. SECTION o I I I J I 1/4 34 \ \ I !J-,1 o t") , !.i .;' :~ ';". PARCEL "A" (32037-1) ~~~ ~ ~ . ,~ :~ "., STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 11 r,", ..' ~, EXCESS PARCEL MAP 0032037-01-01 RIG~:pO:OWAY POI. 52026m COUNTY ROUTE PMlKP SCALE SD 125 8.\/\3.0 NONE SHEET 2 OF 2 ". i . g . . .. A TT ACHlViENT 5 DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING THEREON AT TIME OF SALE. Signature of declarant or agent determining tax - firm name Unincorporated Area When recorded mail to: City of State of Callfornla Department of Transportation 4050 Taylor Street M.S. 310 San Ole 6 CA 92110 Space above this line for Recorder's Use RJW MAP CLO 52024m-B E.A.232302 DIRECTOR'S DEED District County Route Post Number 11 SD 125 K.P.10.3 DO 32029-01-02 (32095-01-01 ) The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to SOUTH BAY EXPRESSWAY, L.P., a California Limited Partnership, all that reai property in the CITY OF CHULA VISTA, County of SAN DIEGO, State of California, described as: SEE EXHIBIT uN MAIL TAX STATEMENTS TO: Form RW 6-1 (S) (Revised 4/96) 149200-32029-2 & 32095.DOC 9/10/2009 3-20 NUMBER DD 32029-01-02 132095-01-01) EXHIBIT "A" All that portion of the Southwest Y. of Section 34, Township 17 South, Range 1 West, San Bernardino Meridian, conveyed to the State of California by deed recorded June 4, 2004 as Document No. 0526185, together with a portion of land conveyed to the State of California on May 22, 2003, as Document No. 2003-0604628, on file in the Office the County Recorder of San Diego County, and in the City of Chula Vista, County of San Diego, State of California, according to the official plat thereof lying Westerly of the following described line: Commencing at a 1 W iron pipe per Map No. 13962, recorded April 28, 2000, in the Office of the County Recorder of 'said County, said pipe marking the South Y. corner of said Section 34 and bearing South 00047'25 West 494.005 meters from a 2" iron pipe with disc stamped "L.S. 5699" per Map No. 13069, recorded November 22, 1993, said pipe marking the Southeasterly corner of Lot "A" of said Map; thence North 00047'25" East 96.057 meters to the most Southerly portion of said land granted to the State of California in Document No. 2003-0604628 and the True Point of Beginning; thence North 00047'25" East 30.144 meters; thence North 09039'51" West 1.594 meters; thence North 11054'24" West 33.065 meters; thence North 11055'17" West 24.989 meters; thence North 24038'00" East 10.707 meters; thence North 13003'52" West 39.987 meters; thence North 13002'12" West 44.642 meters; thence North 32049'04" West 40.931 meters; thence North 44005'02" West 19.307 meters to the Point of Terminus; said point being the Southeasterly terminus of that certain course described in said Document No. 2003-0604628 as "North 29004'19" West 20.480 meters". Containing 1604 square meters, more or less. Subject to special assessments if any, restrictions, reservations, and easements of record. There shall be no abutters rights, including rights of access appurtenant to the above described real property in and to the adjacent State highway. Coordinates, bearings and distances, as stated hereon, are basin on the California Coordinate System of 1983, HPGN Epoch 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply distances by 0.999 999 to obtain ground level distances. This legal description has been prepared by me or under my direction in conformance with the Land Surveyors' Act. /,..-.:.-;:;0--'..,..... ~'V/_~(;-?, 11<v~XC/:;\T fDIr;'~(';'\ (!:::/0. t". 0\ ('" \-. ~ I " J"~ \ NO. L7696 \ * \ Exp. 1~/~fZ't> J *) \ \ I ' \ " .' ! , J'/,"' /.:'"-0/ \.~4)'E---'--~a<!-"" ,--......:: OF Cp..l\~ -~ -- F?~ B. SCOTT DKINS LS 7696 EXPIRATION DATE 12/31/10 r;:~/t99 , 'DATE Fonn RW 6.1 (S&T) (New 4/96) USE FOR SALES DELEGATED TO DISTRICT 149200-32029.2 & 32095,DOC 9/1 0/20097:24:00 AM 3-21 NUMBER DO 32029-01-02 32095-01-01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 20 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATiON RANDELL IWASAKI Director of Transportation By Attorney in Fact Janet Schaffer Deputy District Director, Right of Way Division STATE OF CALIFORNIA } ss PERSONAL ACKNOWLEDGMENT County of San Diego On this the_ day of 20 _, before me, Name, Tille of Officer-E,G., "Jane Doe, Notary Public" personally appeared Name of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed in his/her authorized capacity, (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correcL WITNESS my hand and official seal. (Notary Public's signature in and for said County and Stale) (for notary seal or stamp) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-98-22, approved on October 27,1998, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. day of ,20 Dated this Janet Schaffer Form RW6.1(S&T) (New 4/96) USE FOR SALES DELEGATED TO DISTRICT 1492DD.32029.2 & 32095.DOC 9/10/2009 7:24:00 AM 3-22 CITY OF $-:h 10032029-01 -021 OLYMPIC PARKWAY / CHULA VISTA EXHIBIT "B" CORRIOOR SOG&E EASTLAKE PARKWAY ("') N I ("') ThiS mop has been prepared by me, or under my direct ion, in conformance with the Professional Land Surveyors' Act. Signature e.~~ ~p?- I!.," EXCESS PARCEL MAP 0032029-01-02 R1G,~;pO~OWAY POI. 52024m COUNTY ROUTE KLovnER POST SCAlE SD 125 6.4/10.3 NONE SHEET , Of 2 KEY MAP STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 1 1 Dote E.A. 232302 \ P Ar~CEL \ OF -r 0 J 7 \ \ \ \ J %78 \ CITY MAP PARCEL 1 \'RCEL , PARCEL 2 CHULA So Ro J Wo EXHIBIT 1.18'1, VISTA \ \ \ ~ $-=-- SECTION 34 Pi-rJr:rl r\J\L..Ir::,...... MAP J r""88 7-{r r- PARCEL 1 32095-01 -01 AREA 256 m2 32029-01-02 AREA 1346 ml AREA-IS04 ml 00.32029-01-02 AREA'1346 m2 32029-01-02 120+2.9.815 "A" 99.526 m l T ~.~ ~. .120'\ EASE.MElH 120+28.641 "A" \ AR[A-258 m2 36575 m f. pER 99.526\m LT .32095-01-01 _------ TO S. D G !,. _190254 __'- FILE r.O ~\ \983 :1'- PREVIOUS 6.413 m REC JUN _____.-- RIGHT OF WA'( __'-+- B 061 m 10.BB3 m .~ 6.0% m 120' 1 WIDE (ASEMENT TO THE COUNTy OF SAN DIEGO PER BOOK 1&9. PACE 476 8619 m 20 78 m~ ~ REC.:1Z107/J2 ').3.9;i m '_ ~~ ,____~~ ~ ;9.9B1m __ 23.4 9 --. _ B~~'::::'-" ---.. 14. g89 m \ '...:.... ; 065 m 10.707 m ~ ;. ;;; o T. p.O. B. & 96.057 m_;J1 2 ~J()-1<< 494.005 m 1.594 m o 118.~H. 300 "A" 57.286 m LT rD 1 4" IRON PIPE ~JO TAG P[R MAP NO. 1.3962 lVJJ.\p J2S4,{) LOT "S" 117 m2 4 291 m 27.765 m , "- R I CHT Of Y1A Y GRANTED '-TO THE STATE OF CALIFORNIA PER rilE NO. 2003-0604628 REe., MAY 22. 20031 (32029) RH. ::::::::::::::: ----...:::: ,,2 0 ". PROPOSED NEW ROW liNE FD 2" IRON PIPE W\DISC STAMPED "L. S. 5599" PER MAP NO. 13059 ( 32031) REF. 5T ATE OF CALIFORNIA ~,;, DEPARTMENT OF TRANSPORTATION DISTRICT 11 EXCESS PARCEL MAP 0032029-01-02 POI. 52024m RIGHT OF WAY MAP NO. COUNT Y ROUTE SO 125 PIJ/KP 6.4/10. :s SCALE NONE SHEET 2 OF 2 E.A. 2.32.302 '-;:::-..-, -.', <., '-", M r IT t 1"',.,....,...:.,-.,":....,. I ar vves "\\\'\: ,,\\,\,\, . \;:::;.:\';J"2;).;~\' Real Estate AITACHMENT Ip Managers of Commercial Property Owners Associations (CPOA TM) Frank Rivera Principal Civil Engineer City of Chula Vista Engineering Department 276 Fourth Avenue Chula Vista, CA 91910 October 22. 2009 Dear Frank, The Eastlake Village West Owners Association is willing to Accept the Slopes located along the Eastern property line provided the slopes are restored to an acceptable condition that includes the repair and restoration of the irrigation system and replanting of the slopes. The Eastlake Village West Association and the South Bay Expressway have reached an agreement that allows the slopes to be restored by the Association's existing Landscape Maintenance Vendor, the Brickman Group. These repairs are scheduled to be completed by the end of November 2009. I have also included the management agreement between Eastlake Village West Association and Mar West Ventures. Inc. showing Mar West Real Estate can sign contracts on behalf of Eastlake Village West Association. If you should have any questions. or if I can be of further assistance, please feel free to contact me. ',,,' Sincerely, Shayne Ferber as Managing Agent far the Eastlake Village West Association Shayne Ferber Property Manager Mar West Real Estate 1049 Camino Del Mar Suite i Del Mar, CA 92014 (760) 554.7545 Cell (858) 259-5560 Fax 1049 Camino Del Mar, Suite i, Del Mar, CA 92014 (858) 704.7714. (858) 259.5560 3-25 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DIRECTOR'S DEEDS FOR EXCESS RIGHT-OF-WAY ADJOINING STATE ROUTE ]25 PARCELS DESIGNATED AS CALTRANS PARCEL NUMBERS 00-32034-01-01, 00-32035-01-02, 00-32037-01-01 AND 00- 32029-01-02 WHEREAS, in 2002, the City of Chula Vista (City) entered into the "City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real Property" to facilitate development of the SR 125 toll road through the City; and WHEREAS, construction of SR ]25 has been completed and the right-of-way must be finalized; and WHEREAS, a recent review of the SR-]25 alignment by the California Department of Transportation (Caltrans) identified four additional parcels that are considered to be excess and should be transferred in fee to the City or to the adjacent land owner; and WHEREAS, these four parcels are excess land that fall outside of the ultimate SR-125 right-of-way and are no longer needed by the State for the purpose intended; and WHEREAS, upon completing the transfer to the City of these four parcels, the City will retain three of these parcels since they are landscaping areas and are adjoining local public streets; and WHEREAS, it is necessary for the City to accept from the California Department of Transportation (CAL TRANS) Director's Deeds for excess right-of-way adjoining State Route 125; and WHEREAS, Director's Deed 00-32034-01-01 is for an area adjoining Assessor's Parcel Number 595-070-38 within the Telegraph Canyon Estates subdivision Open Space District No. 31;and WHEREAS, Director's DeedOO-32035-01-02 is for an area adjoining Assessor's Parcel Number 595-070-75 located south of Eastlake Parkway;; and WHEREAS, Director's Deed 00-32037-01-01 is for an area adjoining Assessor's Parcel Number 595-070-74 located north of Eastlake Parkway; and WHEREAS, Director's Deed 00-32029-01-02 is for an area adjoining Assessor's Parcel Number 595-070-55 located east of the Eastlake Village West and west ofSR-125. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the transfer to the City of Chula Vista all that real property in the City of Chula Vista, County of San Diego, State of California which are attached to this Resolution as Exhibits 2, 3, 4 and 5. 3-26 Presented by Richard A. Hopkins Director of Public Works 3-27 Approved as to form by Mi€r~ City Attorney RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING CAL TRANS PARCEL NUMBER 0032029-01-02 TO ITS ORIGINAL OWNER EAST LAKE VILLAGE WEST ASSOCIA nON AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO RECORD THE DIRECTOR'S DEED WHEREAS, in 2002, the City of Chula Vista (City) entered into the "City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real Property" to facilitate development of the SR 125 toll road through the City; and WHEREAS, construction of SR 125 has been completed and the right-of-way must be finalized; and WHEREAS, a recent review of the SR-125 alignment by the California Department of Transportation (Caltrans) identitied four additional parcels that are considered to be excess and should be transferred in fee to the City or to the adjacent land owner; and WHEREAS, these four parcels are excess land that fall outside of the ultimate SR-125 right-of-way and are no longer needed by the State for the purpose intended; and WHEREAS, upon completing the transfer to the City of these four parcels, the City will retain three of these parcels since they are landscaping areas and are adjoining local public streets; and WHEREAS, the City will convey the parcels next to the south side of Otay Lakes Road and west of SR-125 (east of LA Fitness Center) to its original owner, Eastlake Village West Association, since these are landscaping areas that belong to the Eastlake Village West parcel and are not adjoining a local public street; and WHEREAS, Eastlake Village West Association has sent the City a letter dated October 22,2009 stating that they will accept the transfer of Caltrans Parcel Number 0032029-01-02. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of ChuIa Vista does hereby transfer Caltrans Parcel Number 0032029-01-02 to its original owner Eastlake Village West Association and authorize the Mayor and City Clerk to execute all documents necessary to record the Director's Deed. Richard A. Hopkins Director of Public Works A~ fit R," N ",j - . City Attorney Presented by 3-28