Loading...
HomeMy WebLinkAboutReso 1998-19057 RESOLUTION NO. 19057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING A PORTION OF AN ALLEY NORTH OF THE PROPERTIES LOCATED AT 3080/3082 AND 3084 MAIN STREET WHEREAS, Thomas M. Tomlinson of Legler & Tomlinson, acting as agent for the owner of the properties at 3080, 3082 and 3084 Main Street and 361 Zenith Street, has applied to the City to vacate a portion of the alley adjacent to these properties; and WHEREAS, in accordance with the California Streets and Highways Code, the City Council may hold a public hearing to consider the vacation of a portion of an alley; and WHEREAS, by Resolution No. 19005, the Council set June 23, 1998 as the date for this public hearing; and WHEREAS, the City Council conducted the public hearing at the time and place advertised and heard all persons interested in or objecting to the proposed vacation of a portion of an alley north of the properties located at 3080/3082 and 3084 Main Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order the vacation of a portion of an alley north of the properties located at 3080/3082 and 3084 Main Street, more particularly described on Exhibit "A" , attached hereto and incorporated herein as if set forth in full subject to the following conditions: 1. That the vacation occurs only after the City is adequately compensated for the property in accordance with a certified appraisal to be paid for by the applicant. 2. The City Manager and City Attorney, or their designees, are authorized to negotiate and finalize said purchase with the applicant. 3. The vacation of this alley shall be subject to all reservations of easements for public utility purposes. BE IT FURTHER RESOLVED that the City Clerk is hereby directed that this Resolution of Vacation shall not be recorded until the conditions set forth hereinabove have been satisfied. Presented by Approved as to form by Resolution 19057 Page 2 Exhibit A LEGAL DESCRIPTION FOR VACATION OF PORTION OF PUBLIC ALLEY The easterly 67 feet of the 20-foot-wide, 550-foot-long public alley in Block 5 of Otay Townsite, in the County of San Diego, State of California, according to Map thereof No. 263, filed in the office of the Recorder of said County of San Diego on July 25, 1887. EXCEPTLNG THEEFROM, reservation of the following easements: To: San Diego Gas & Electric Cornparty Reservthg and excepting from vacation and abandonment, easement and rights to San Diego Gas & El~tric Company, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time to construct, maintain, operate, replace. remove, renew or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and fxxtures for the operation of gas and/or electrical energy for the incidental purposes thereof, including ingress and egress, to protect the propert>' from all haT-~rds ill, over and across all of the above-desuribed land. To: Pacific Bell Reserving and excepting from vacation and abandonment, easement and rights m Pacific Bell, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time to construct, maintain, operate, replace and remove aerial and underground communication structures consisting of conduits, cables, wires, poles and other necessary and appurtenances together with the right of ingress and e.m-ess to protext the propert)' from all haTar(Ls in, under and upon all of the above-described land. To: Cox Communications Reserving and excepting from vacation and abandonment, easement and fights to Cox Communications, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time to constact, maintain, operate, replace and remove aerial and underground communication structures consisting of conduits, cables, wires, poles and other necessary and appurtenances together with the right of ingress and egress to protect the property from all haza'ds in, under and upon all of the above-described land. Resolution 19057 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of June, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: ?Beverly A. Authelet, ~Clerl~' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19057 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of June, 1998. Executed this 23rd day of June, 1998.