HomeMy WebLinkAboutReso 1988-13483 Revised 3/14/88
RESOLUTION NO. 13483
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUMMARILY VACATING A PORTION OF
SEAVALE STREET NORTH OF THIRD AVENUE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Robert Brath, owner of the property at 315
Seavale Street, has applied for a vacation of 10 feet of
right-of-way fronting his parcel (139 feet), and
WHEREAS, the subject portion of Seavale Street was
formerly Third Avenue which was connected to Fourth Avenue with
the Third Avenue Extension, and
WHEREAS, in 1956 the old Third Avenue right-of-way was
named Seavale Street and it became a residential street with no
appreciable amount of traffice, and
WHEREAS, in accordance with Chapter 4, Section 8334 of
the California Streets and Highways Code, the City Council may
summarily vacate right-of-way which has never been used for
pedestrian or vehicular travel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order the summary vacation of
a portion of Seavale Street north of Third Avenue, more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference as if set forth in full, based
upon the findings set forth below:
1. A right-of-way width of 80 feet is not necessary for
this portion of Seavale Street due to the change from a
collector to a residential street.
2. It is very unlikely that this portion of street will
ever be widened, because the Third Avenue right-of-way
north of Seavale Street was vacated in 1975 and has
since been developed as private property.
3. The existing east-west portion of the Seavale Street
right-of-way is only 60 feet and curb-to-curb width is
40 feet.
4. All utility companies have been contacted regarding the
requested vacation and none have objected to the closure.
5. The Planning staff has no objections to the vacation.
6. In accordance with Subsection 8334 of the California
Streets and Highways Code, the Council may summarily
vacate any of the following:
a. An excess right-of-way of a street not required for
street purposes.
b. A portion of street that lies within property under
one ownership and that does not continue through
such ownership or end touching another.
7. As in past vacations Of street rights-of-way dedicated
on Map No. 505, the land will revert to the adjacent
property. The City does not own it in fee.
BE IT FURTHER RESOLVED that from and after the date this
resolution is recorded, that portion of Seavale Street north of
Third Avenue described in Exhibit A, shall no longer constitute a
street.
BE IT FURTHER RESOLVED that said vacation is subject to
the following conditions:
1. That the applicant be required to install the public
sidewalk adjacent to the existing curb along his
frontage.
2. That the City reserve an easement for the proposed
public sewer to serve Seavale Gardens, a planned
development to the north of Mr. Brath's property, as set
forth in Exhibit A.
BE IT FURTHER RESOLVED that the Council does hereby
authorize and direct the City Clerk of the City of Chula Vista to
record this resolution in the office of the San Diego County
Recorder at such time at the applicant has obtained a
construction permit to install the public sidewalk in accordance
with City standards.
Presented by Approved as to form by
tot of D. Richard Rudol~ssistant
J nP.L
p orks City Attorney
~" 3954a
-2-
-- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
L, dULA VISTA, CALIFORNIA, this 15th day of. March
19 88 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Nader, Moore, Cox, Ma]_co:]_m
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci linetubers None
'~Chula Vista
ATTEST ~ ~' ~
' // City Clerk
,TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thor the above ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13483
,ond fhot the some hoe not been omended or repealed
DATED
City Clerk
CIIY OF
CHULA VISTA
CC-660
LEGAL DESCRIPTION FOR THE VACATION
OF PORTION OF SEAVALE STREET
That portion of Seavale Street (formerly Third Avenue) in
Quarter section 136 in the City of Chula Vista, County of San
Diego, State of California, according to Map thereof No. 505,
filed in the Office of the Recorder of said County of San
Diego, March 13, 1988, described as follows:
Beginning at the southeasterly corner of Lot 7 of said Quarter
Section 136, also being a point on the westerly right-of-way
line of Third Avenue, according to said Map No. 505, thence
northerly along said westerly right-of-way line a distance of
21.64 feet to the TRUE POINT OF BEGINNING; thence continuing
along said westerly right-of-way line a distance of 138.36
feet to the northeasterly corner of land described in Deed
recorded April 19, 1979 as File/Page No. 79-159776 of Official
Records granted to James R. and Jody A. Johnson; thence
easterly along a line drawn at right angles a distance of
10.00 feet; thence southerly along a line parallel to and 30
feet distant from the centerline of said Third Avenue a
distance of 138.64 feet; thence westerly along a straight line
to the TRUE POINT OF BEGINNING.
Excepting therefrom:
TO: City of Chula Vista
Reserving and excepting from vacation and abandonment, to
the City of Chula Vista, An easement and right-of-way
for, or right to construct, maintain, operate, replace,
remove or enlarge a sanitary sewer and/or storm drain
facilities and their related appurtenant structures in,
upon, over and across that certain real property situated
in the County of San Diego, State of California, and more
particularly described as follows:
All the above described land
Together with the right to enter upon and to pass and
repass over and along said easement and right-of-way and
to deposit tools, implements and other matials theron
said City of Chula Vista, its officers, agents and
employees, and by any contractor, his agents and
employees engaged by said City, whenever and wherever
necessary for the purposes above set forth.
Contain 1364 square feet
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MAILING LIST FOR
NOTICES OF STREET VACATIONS
SAN DIEGO GAS & ELECTRIC CO.
P.O: BOX 638
CHULA VISTA, CA 92012
ATTN: ANGELA SNYDER
pACIFIC BELL
RIGHT OF WAY DEPT.
?33? TRADE ST.
SAN DIEGO, CA 92121
SWEETWATER AUTHORITY O"T'A-Y--.~ATER D ICT
505 GARRETT AVE. < .... OR .... > 10595 HA BLVD.
CHULA VISTA, CA 92010
COX CABLE OF SAN DIEGO
5159 FEDERAL BLVD.
SAN DIEGO CA 92105
ATTN: SAM SNEAD
S A~ '~ R AU/~THOR I T%
~CA 92103
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