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HomeMy WebLinkAboutReso 1971-6271 RESOLUTIONd NO. 6271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 4905 ORDERING THE VACATION OF A PORTION OF "G" STREET IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore by Resolution No. 4905, adopted on the 17th day of September, 1968, declared that that certain portion of "G" Street, more particularly described in Exhibit °'A", attached hereto and incorporated herein by reference as if set forth in full, was no longer necessary for the present or future use of the public for street purposes and said portion of "G" Street was therein ordered vacated, and WHEREAS, the effective date of said vacation was to be at such time as permanent access to the Tidelands was secured in accordance with the terms of said Resolution No. 4905 as approved by the Director of Public Works, and WHEREAS, it is now determined that adequate access to the Tidelands, although of a temporary nature, is in existence and has been in use for a period of over three years and the limited utilization of "G" Street by the public indicates that said order of vacation should be presently implemented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby declare that "G" Street is no longer necessary for present or future use of the public for street purposes and that in accordance with the testimony at the public hearing conducted on the 17th day of September, 1968 and the findings made therein that that portion of "G" Street as described in Exhibit "A" be, and the same is hereby ordered to be vacated excepting from said vacation and reserving to the City those easements as indicated on said Exhibit "A". BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said vacation in the office of the San Diego County Recorder. Presented by ~^-'_ Lane F. Cole, Director of Public Works Approved as to form by ~~ ~ ' _ i • ~ i I ~~~ George D. Lindberg, City-Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 16th day of November , 19 ~l , by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hamilton, Hyde ABSTAINED: Councilman Hobel NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of Chi: l - Vis ::~ '~ 1 ~ ~- ATTEST - J ~L-~l-G~~ ~~ '~' - City Cie k //. STATE OF CALTFOFtNIA j COUNTY OF SAN DIEGO ~) ss . CITY OF CHULA VISTA j Iq JENNIE M, FULASZ„ City Clerk of the City of Chula Visa,; California,, DO HEREBY CERTIFY that the above and foregoing is a full; true and correct copy of and th~.t the same has not been amended or repealed, DATED _---~ ,. . 1 • LEGAL DESCRIPTION .. _ "G ~~ .STREET VAG'~ T ION r . Those portions of Quarter~Sections 171 and 172 o.f Chula Vista acec;rding to Map thereof Iv'o. 505, filed in the office of the County Recorder, County of San Diego, State of California, described as follows; The Norther1y~20 feet of_ said Quarter Section 171 and the .Southerly 20 feet of said Quarter Section 172; EXCF,PTI~TG THEREFROi~i the Easterly •348.19 feet of said Quarter Sections 171 and 172. RESERVING.THEREFROM the following easements: 1• Ar. easement for use by the City for ingress and egress to its sewage lift station over that portion of said Southerly 20 feet of Quarter Section 172 lying Westerly of the Easterly 827 73 feet of said Quarter Section 172. 2• Also a 10 foot wide easement for sewer purposes, the centerline of which is described as follows; Westerly line of the Easterly 348.19efeetlof said point on the . distant thereon 5 feet Southerly of the Northerly 4inetof saidion 171, Quarter Section; thence Westerly, parallel with and 5 feet Southerly of said Northerly line, a distance of 578.60 feet; thence Northerly, at right angles to said parallel line, 25 feet. 3. Also a 10 foot wide easement fir sewer purposes, the centerline of which is described as follows: Beginning at a point on the Westerly line of the Easterly 807.79 feet of said Quarter Section 172, distant thereon 15 feet Norther?~y of the Southerly line of said Quarter Section; thence Easterl arallel w' Northerly of said Southerly line, a distance of 320hfeed.l5 feet 4• Also a 10 foot wide easement for sewer purposes, the centerlin of which is described as follows; e Beginning at a point on the Westerly line of the Easterly 902.80 feet of said Quarter Section 172, distant thereon 15 feet Northerly of the .Southerly line of said Quarter Section 172; thence Southwester l• 423.76 feet to a point on the Westerly prolongationaoftthegSoutherly line of said Quarter Section 172, distant thereon 1326.33 feet Westerly of the Southeast corner of said Quarter Section 172. ALSO RESERVING the whole of the above d general public utility purposes escribed parcel for ingress and egress and fine ri ht toclLding the ri operate, replace, remove or enlace construct ght of utilit '~ge such general~lntazn, acrossysaidilities and appurtenances in, upon public parcel by, but rot limited to °Ver and the following: San Diego Gas and Elec±ric Compare Pacific Telephone and m ~ y California-T-American Water~CompanCon'pany Y s' i ~~~ / ~ GORDOy GRAY ~I878-1967~ ROBERT G.COPELAND W. P. CARY1882-IB43~ TIMOTHY V. M~FARLAND WALTER AMES DAVID E. MONAHAN FRANK A. FRYE 1904-1970 RALPH M. PRAY, III JOHN M.CRANSTON LEO LA CY, JR. GRAY CARY AMES & FRYE JAMES W. ARCHER T. KNOX BELL , , JOSEPHINE IRVING MICHAEL JUSTIN MYERS ATTORNEYS AT LAW FRANK KOCKRIT2 TERRY D. ROSS STERLING HUTCHESON DAYID B.GEERDE6 2100 UNfON BANK BUILDING THOMAS C.ACKERMAN,JR. JAMES F. STIV EN EUGENE L.FREELAND STEVEN W. ERICKSON $AN DIEGO, CALIFORNIA 92101 R REAVES ELLEDGE.JR. LANCE Q_SCHAEFFER KARL ZO BELL WILLIAM E. REAMER TELEPHONE (714) 233-7323 JO SIAH L. NEEPER BROWNING E. MAREAN FREDERICK P. CROWELL ROBERT W.BELL,JR. RICHARD ALEXANDER BURT CLYDE A. ROMNEY RU DI M.BREWSTER MICHAEL J. DUCKOR ROBERT AM ES TIMOTHY W.TOWER THEODORE J. CRANSTON JAMES K.SMITH November 12 , 1971 Mr. John Thompson, City Manager City of Chula Vista 276 Guava Street Chula Vista, California 92012 LA JOLLA OFFICE 7775 GIRARD AVENUE LA JOLLA, CALIF. 92037 TELEPHONE (714) 459-4321 fi'i 1_ ~ e. 5~ ._ /~.- L"~t I G}, ,,t, A. M. i Y l/ b~ ~ lsl 1 .,~~ ~/ f , lY}. 7~8~9~1u,1i 12 i12~3~4~5~g Re: Proposed Vacation of "G" Street East of Intersection of "G" Street and Tidelands Avenue Dear Mr. Thompson: We represent Marigold Corporation, Morley Properties, Inc. and Tidelands Properties, Inc., Lessees of real property from the Port of San Diego and Sublessors of three warehouses on property immediately adjacent to and directly served by "G" Street east of the intersection of '°G" Street and Tidelands Avenue. We understand that the City Council has for its consideration on Tuesday, November 16, 1971, the implementation of a 1968 Resolution concerning vacation of "G" Street. Without repeating in detail the points raised by the Port of San Diego in the letter of the Port Director dated November 11, 1971, we wish to concur in the position taken by the Port of San Diego and add to that position our request that "G" Street not be vacated under present cir- cumstances. As we understand the 1968 Resolution, the effec- tive vacation of "G'° Street would not become effective until a properly dedicated and improved permanent access would be made available. Although the traffic in the area served by "G" Street has increased with the development in that area, there has as yet been no construction of a dedicated and improved permanent access to the area as con- templated by the resolutions passed by the City Council on Tuesday, September 17, 1968. GRAY, CARY, AMES 6c FRYE Mr. John Thompson -2- November 12, 1971 Therefore, we respectfully request that the City Council reaffirm the position taken in its September 1968 Resolutions. The undersigned will be present on Tuesday evening, November 16, in the event there should be any questions by members of the City Council. Respec yours, --.- Rudi Brewster For GRAY, CARY, AMES & FRYE RMB:ba OFFICE OF THE PORT DIRECTOR p~~ SAN f~ r ~ C J. ,.. I .-G~ ~'+ T~~O=p ,* *~* *O\~~Q- O RZ REC~IVE~ r, ~ , n,,, ,~..' ;, ~_ , ;'~. (/. 7~3 ~> _ ~If,~5~6 I. P O R T O F SAN ~ t E G O AND LINDBERGH P I E L F A l R T E R M I N A L 3165 PACIFIC HIGHWAY SAN DIEGO. CALIFORNIA Telephone 2913900 Mailing Address: P. O. Box 488, San Diego 92112 November 11, 1971 Mr. John Thompson City Manager City of Chula Vista 276 Guava Street Chula Vista, California 92012 Dear John: The purpose of this letter is to state the position of the Port of San Diego regarding the pending vacation of G Street east of the intersection of G Street and Tidelands Avenue. I have been given a copy of the proposed resolution dealing with that vacation. The portion which is of significance to the Port District follows: "WHEREAS, it is no'w determined that adequate access to the Tidelands, although of a temporary nature, is in existence and has been in use for a period of over three years and the limited utilization of "G" Street by the public indicates that said order of vacation should be presently implemented, " As I am sure your records indicate, the City of Chula Vista took action on the vacation of G Street in September of 1968 and provided that the final order of vacationwould not be effective until Tidelands Avenue and J Street were developed, so that the tideland area, the boat launching ramp, and the tideland tenants west of Tidelands Avenue would continue to have a dedicated access. The conditions also provided that a legal crossing be established over the SD & AE tracks at J Street. The Port of San Diego recently awarded a contract to the Daley Corporation in the amount of $833, 000 for the construction of roadways and utilities in Tidelands Avenue and the adjacent J Street marina. This work will involve the construction of sewer, water, and 'undergro'und electrical utilities in ditches which will traverse the area during some ~~• <~ ~/i ', Mr, John Thompson November 11, 1971 - 2 - stages of the construction. Consequently, J Street will not be open in any sense. We understand the City of Chula Vista at the same time will be building a portion of J Street east of the mean high tide line, The closing of G Street will, therefore, necessitate all traffic to and from the public launching ramp, from the warehouse tenants, from the large parking lots west of Tidelands Avenue, and from the Rohr boat yard to transit a tortuous temporary undedicated roadway over lands belonging in part to private owners. At the same time, it will also be necessary for our roadway and utility contractor to enter with heavy equipment, pipe, conduits, and concrete over this same route. In view of these conditions, we cannot agree with the proposed finding that "adequate access" to tidelands now exists. It is doubtful at this time of year that the launching ramp will create any significant volume of vehicles and trailered boats, and perhaps the matter of traffic congestion is one which is more properly the concern of the City of Chula Vista than the Port; however, I am very apprehensive about the effect of this closure upon Port District tenants and our contract with the Daley Corporation. We have appreciated the cooperation of the City of Chula Vista in the past in working out common problems and have no desire to frustrate any purpose which the Council in its judgment wishes to accomplish; however, 'we cannot honestly agree that adequate access to the tidelands will remain if G Street is closed, It is very difficult to believe that the limiting of all vehicular activity to one small roadway will not result in considerable congestion and delay, especially since there is more development in the area now than in 1968, Yours truly, DON L. NA Y Port Director DLN/ef - !;