HomeMy WebLinkAbout2010/05/25 Item 9
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
~CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
5/25/10, Item~
RESOLUTION OF THE CITY COUNcrL OF THE CITY OF
CHULA VISTA ORDERING THE SillvlMARY VACATION
OF A PORTION OF E. EL CAPITAN DRIVE LYING
ADJACENT TO THE PROPERTfES LOCATED AT 102 AND
103 EAST EL CAPITAN DRIVE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA QUITCLAIMING THE V ACA TED PORTION
OF EAST EL CAPITAN DRIVE TO THE OWNERS OF THE
ADJACENT PARCELS DRIVE LOCATED AT 102 AND 103
EAST EL CAPITAN DRIVE (APN'S 575-091-13-0 AND 575-
100-21-00)
DIRECTOR OF PUBLIC WORKS
ASSISTANT DfRE~CTOR OF ENGINEERING
CITY MANAGER
AssrSTANT CITY ANAGER c;r-
4/5THS VOTE: YES D NO ~
SUMMARY
The subject section ofEl Capitan Drive was created by Map No. 3565, Telegraph Kllolls,
recorded June 19, 1957. The westerly terminus of this street is a cul-de-sac adjacent to
the subject parcels (102 and 103 E. El Capitan Drive) and contains an irregular section of
right-of-way that has never been utilized or maintained as a street.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity qualifies for a Class 5 categorical exemption pursuant to Section 15305
[Minor Alterations in Land Use Limitations] of the State CEQA Guidelines because the
activity consists of a minor transfer of vacated right-of-way to adjacent owners. Thus, no
further environmental review is necessary.
9-1
5/25/10, Ttem~
Page 2 of 3
RECOMMENDA nON
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The subject section of EI Capitan Drive was creatcd by Map No. 3565, Telegraph Knolls,
recorded June 19, 1957. The westerly tern1inus of this street is a cul-de-sac adjacent to
the subject parcels (102 and 103 E. El Capitan Drive) and contains an irregular section of
right-of-way that has never been utilized or maintained as a street. Additionally, this area
makes up a large portion of the driveway for the house located at 102 E. El Capitan
Drive. During the City's winter program of replacing failing metal storm drain pipes, it
became necessary to obtain an easement from the owners of that property. As a part of
the negotiations to acquire this easement at no cost to the City, it was agreed that staff
would request that Council vacate the excess portion of the street and quitclaim it to the
two adjacent property owners.
Summarv Vacation
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 is the area that has never been used as a
public street and is not needed for right-of-way purposes. Staff is requesting that Council
vacate it at this time
Pursuant to Section 8340 (c) of the Streets and Highways Code all potentially affected
Utilities have been notified and an Easement for Public Utility Plirposes will be reserved
across the vacated area to support any existing utilities.
Ouitclaiming Interest
Upon vacation of the subject right-of-way ownership of the land transfers (reverts) to the
adjacent owners automatically. However, due to the odd configuration of this vacated
area disputes could arise as to exactly where the division ends up. The use of Quitclaim
Deeds concurrently with the vacation shows the intent of the action and provides clarity
to the transfer.
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 that is the subject of this
action.
9-2
5/25/10, Itcm~
Page 3 of 3
CURRENT YEAR FISCAL IMPACT
As discussed earlier, there is no cost to the City.
ONGOING FISCAL IMPACT
None, as the City will have no further interest or obligation in this area.
ATTACHMENTS
1. Area maps
Prepared by" Rick Ryals, Real Property Jvfanager, Public Works Department
9-3
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FILE NO. DR
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02/24/2010 4:49:34 PM psr
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CI-IULA VISTA ORDERING TI-IE SUMMARY VACATION OF
A PORTION OF E. EL CAPITAN DRIVE LYING ADJACENT
TO THE PROPERTIES LOCATED AT 102 AND 103 EAST EL
CAPITAN DRIVE
WHEREAS, the subject section of El Capitan Drive was created by Map No. 3565,
Telegraph Knolls, recorded June19, 1957, and
WHEREAS, the westerly terminus of this street is a cul-de-sac adjacent to the property
located at 102 and 103 E. EI Capitan Drive and contains an irregular section of right-of-way that
has never been utilized or maintained as street, and
WHEREAS, this right-of-way is not needed for the right-of-way for E1 Capitan Drive and
the City has no future public use for this land, 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.
NOW, THEREFORE, BE IT RESOLVED that after considering the evidence submitted,
the City Council finds that the subject portion ofEl Capitan Drive, 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, RESERVING therefrom an Easement for all existing public
Utilities and,
The City Council of the City of Chula Vista does hereby order the summary vacation of
the subject portion of El Capitan Drive as described in said Exhibit "A"
BE IT FURTHER RESOLVED that the City Clerk is hercby 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 vacati n s~
complete.
Presented by
Richard A. Hopkins
Director of Public Works
9-6
EXHIBIT "An
SHEET 1 OF 1
STREET VACATION
CITY OF CHULA VISTA
APN 575.091.13
THE VACATION OF A PORTION Of THE EXISTING RIGHT-OF-WAY OF EL CAPITAN DRIVE, AS ACCEPTED
AND SHOWN ON MAP THEREOf NO. 3665, TELEGRAPH KNOLLS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JUNE 19, 1957, IN THE CITY Of CHULA VISTA, COUNTY Of SAN
DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARY DESCRIBED AS fOLLOWS AND ILLUSTRATED
ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART Of THIS DOCUMENT:
BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL "B" OF PARCEL MAP NO. 99, IN THE CITY
Of CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OfFICE Of THE
COUNTY RECORDER Of SAID SAN DIEGO COUNTY ON APRIL 4, 1969 AS FILE NO. 58560 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL "B", BEING ALSO THE
WESTERLY RIGHT-OF-WAY OF EL CAPITAN DRIVE, SOUTH 17"44'05" EAST 56.82 fEET; THENCE
LEAVING SAID WESTERLY RIGHT-Of-WAY TO THE BEGINNING Of A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS Of 20.00 fEET, A RADIAL LINE TO WHICH POINT BEARS NORTH
10018'00" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO THE
SOUTHERLY RIGHT-Of-WAY Of EL CAPITAN DRIVE, THROUGH A CENTRAL ANGLE OF 42010'10" A
DISTANCE OF 14.72 fEET; THENCE LEAVING SAID SOUTHERLY RIGHT-Of-WAY TO THE BEGINNING OF
A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO
WHICH POINT BEARS SOUTH S2027'59" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF WI0'Sl" A DISTANCE OF 51.19 FEET; THENCE NORTH 62021'10"
WEST 28.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 608 SQUARE FEET, MORE OR LESS
DATE
FlLE NO. DR-18Ge
J: \Survey\CRI80\DRIBOC EI CapifQfl\drwg\DRfBOCProposerJ Vacation pfol.d"'9 02/24/2010 4:51:07 PM PSI
9-7
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CITY OF CHULA VISTA
PUBLIC WORKS - ENGINEERING
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
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JOSE(U S GOMEZ, P,L,StJ49
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9-8
EXHIBIT "An
SHEET 1 OF 1
STREET VACATION
CITY OF CHULA VISTA
APN 575-100-21
THE VACATION OF A PORTION OF THE EXISTING RIGHT-OF-WAY OF EL CAPITAN DRIVE, AS ACCEPTED
AND SHOWN ON MAP THEREOF NO. 3665, TELEGRAPH KNOLLS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JUNE 19, 1957, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNiA, AND MORE PARTICULARY DESCRIBED AS FOLLOWS AND ILLUSTRATED
ON EXHIBIT "6" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL "B" OF PARCEL MAP NO. 99, IN THE CITY
OF CHULA ViSTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAiD SAN DIEGO COUNTY ON APRIL 4, 1969 AS FILE NO. 58560 OF OFfICiAL
RECORDS; THENCE ALONG THE WESTERLY RIGHT-Of-WAY Of EL CAPITAN DRIVE, NORTH 17044'05"
WEST 6.57 FEET TO THE SOUTHWESTERLY CORNER OF LOT 38 OF SAID MAP NO. 3665; THENCE
LEAVING SAID WESTERLY RIGHT-OF-WAY ALONG THE NORTHERLY RIGHT-OF-WAY OF EL CAPITAN
DRIVE, BEING ALSO THE SOUTHERLY BOUNDARY OF SAID LOT 38, SOUTH 79047'39" EAST 29.48 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVEt THROUGH A CENTRAL ANGLE OF 42023'58" A
DISTANCE OF 14.80 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE
TO WHICH POINT BEARS NORTH 32019'57" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVEt THROUGH A CENTRAL ANGLE OF 30001'13" A DISTANCE OF 23.58 FEET; THENCE NORTH
62021'10" WEST 28.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 341 SQUARE FEET. MORE OR LESS
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9-9
JOVIS GOMEZ, P.L . 349
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PUBLIC WORKS. ENGINEERING
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DATE
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RESOLUTION NO. 2010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA QUITCLAIMING THE VACATED PORTION
OF EAST EL CAPITAN DRIVE TO THE OWNERS OF THE
ADJACENT PARCELS DRIVE LOCATED AT 102 AND 103
EAST EL CAPITAN DRIVE (APN'S 575-091-13-00 AND 575-
100-21-00)
WHEREAS, the subject section of El Capitan Drive was created by Map No. 3565,
Telegraph Knolls, recorded June 19, 1957, and
WHEREAS, this right-of-way is not needed for the right-of-way for El Capitan Drive and
the City has no flaure public use for this land, and
WHEREAS, pursuant to Chapter 4, Section 8334(a) of the California Streets and
Highways Code City Council has summarily vacated said excess right-of-way because it is no
longer needed for public street or other public purposes, and
WHEREAS, due to the odd configuration of this vacated area disputes could arise as to
exactly where the division of vacated land, the recordation Quitclaim Deeds concurrently with
the vacation will shows the intent of the action and provide clarity to the transfer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the Mayor and City Clerk to Execute Quitclaim Deeds to the
Owners of 102 and 103 E. El Capitan Drive conveying the City's interest in the vacated portion
of El Capitan Drivc as described in the attached legal descriptions (Exhibit A) and shown on
the attached plats (Exhibit B).
Richard A. Hopkins
Director of Public Works
Presented by
9-11
EXHIBIT "A"
SHEET 1 OF 1
LEGAL DESCRIPTION
CITY OF CHULA VISTA
APN 575-091-13
THAT PORTION OF THE EXISTING RIGHT-OF-WAY OF EL CAPITAN DRIVE, AS ACCEPTED AND SHOWN ON
MAP THEREOF NO. 3665, TELEGRAPH KNOLLS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 19, 1957, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AND MORE PARTICULARY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B"
ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL "B" OF PARCEL MAP NO. 99, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 4, 1969 AS FILE NO. 58560 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL "B", BEING ALSO THE
WESTERLY RIGHT-OF-WAY OF EL CAPITAN DRIVE, SOUTH 17044'05" EAST 56.82 FEET; THENCE
LEAVING SAID WESTERLY RIGHT-OF-WAY TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO WHICH POINT BEARS NORTH
10018'00" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO THE
SOUTHERLY RIGHT-OF-WAY OF EL CAPITAN DRIVE, THROUGH A CENTRAL ANGLE OF 42010'10" A
DISTANCE OF 14.72 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY TO THE BEGINNING OF
A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO
WHICH POINT BEARS SOUTH 52027'59" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 65010'51" A DISTANCE OF 51.19 FEET; THENCE NORTH 62021'10"
WEST 28.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 608 SQUARE FEET, MORE OR LESS
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CHUiA VISrA
CITY OF CHULA VISTA
PUBLIC WORKS - ENGINEERING
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
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~ PUBLIC WORKS. ENGINEERING I ___
~ 276 FOURTH AVENUE 11'~""-.. \.':::.- / \
OlYOf CHULA VISTA, CA 91910 JOSE UJIS GOMEZ, P.L.S. 734
CHlJIA VISfA (619) 476-2301 /I
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FILE NO. DR lBOe
EXHIBIT "A"
SHEET 1 OF 1
LEGAL DESCRIPTION
CITY OF CHULA VISTA
APN 575-100-21
THAT PORTION Of THE EXISTING RIGHT-Of-WAY Of EL CAPITAN DRIVE, AS ACCEPTED AND SHOWN ON
MAP THEREOf NO. 3665, TELEGRAPH KNOLLS, fILED IN THE OffICE Of THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 19, 1957, IN THE CITY Of CHULA VISTA, COUNTY Of SAN DIEGO, STATE
Of CALIfORNIA, AND MORE PARTICULARY DESCRIBED AS fOLLOWS AND ILLUSTRATED ON EXHIBIT "B"
ATTACHED HERETO AND MADE A PART Of THIS DOCUMENT:
BEGINNING AT THE NORTHERLY MOST CORNER Of PARCEL "B" Of PARCEL MAP NO. 99, IN THE CITY
Of CHULA VISTA, COUNTY Of SAN DIEGO, STATE Of CALIFORNIA, fILED IN THE OffICE Of THE
COUNTY RECORDER Of SAID SAN DIEGO COUNTY ON APRIL 4, 1969 AS fILE NO. 58560 Of OffICIAL
RECORDS; THENCE ALONG THE WESTERLY RIGHT-Of-WAY OF EL CAPITAN DRIVE, NORTH 17044'05"
WEST 6.57 fEET TO THE SOUTHWESTERLY CORNER Of LOT 38 Of SAID MAP NO. 3665; THENCE
LEAVING SAID WESTERLY RIGHT-Of-WAY ALONG THE NORTHERLY RIGHT-Of-WAY Of EL CAPITAN
DRNE, BEING ALSO THE SOUTHERLY BOUNDARY Of SAID LOT 38, SOUTH 79047'39" EAST 29.48 fEET
TO THE BEGINNING Of A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS Of 20.00 fEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE Of 42023'58" A
DISTANCE Of 14.80 fEET; THENCE LEAVING SAID NORTHERLY RIGHT-Of-WAY TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS Of 45.00 fEET, A RADIAL LINE
TO WHICH POINT BEARS NORTH 32019'57" WEST; THENCE SOUTHWESTERLY ALONG THE ARC Of SAID
CURVE, THROUGH A CENTRAL ANGLE Of 30001'13" A DISTANCE Of 23.58 fEET; THENCE NORTH
62021'10" WEST 28.69 fEET TO THE POINT Of BEGINNING.
CONTAINING 341 SQUARE FEET, MORE OR LESS
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01Y OF
CHUIA VlSJ"A
CITY OF CHULA VISTA
PUBLIC WORKS. ENGINEERING
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) 476-2301
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EXHIBIT "B"
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OlYOF CHULAVISTA,CA91910 JOSE'LUISGOMEZ,P.L.S 9 /DATE
CHUlA VISTA (619)476-2301 / /' FILE NO. DR-180e
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