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HomeMy WebLinkAboutReso 1995-18061 _- • DOC # 1997-0617071 ' 1589 DEC OH , 1997 8 : 35 Am Recording requested by: !_OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE City of Chula Vista GREGLIRY J. SMITH. COUNTY RECORDER After recordation,return to: FEES: 0.00 City Clerk's Office City of Chula Vista 276 Chula Vista ,Avenue nCA91910 This .f s ace or Records I IIIIII VIII IIII IIIIII II IIIiI VIII VIII IIII IIII P Resolution 18061 Ordering the vacation of a portion of various streets in Otay Rio Business Park 1590 RESOLUTION NO. 18061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PORTION OF VARIOUS STREETS IN OTAY RIO BUSINESS PARK WHEREAS, MCA Concerts, Inc. has submitted plans for the construction of an amphitheater on Otay Valley Road, south of the Otay River; and WHEREAS, the plans show the project occupying the property ow known as Otay Rio Business Park, a subdivision project whose public improvements were completed in 1993 although none of the lots in the subdivision were developed; and WHEREAS, MCA's plans include the abandonment of four streets within the business park in order to construct the amphitheater; and WHEREAS, in accordance with the California Streets and Highways Code, the Council adopted Resolution No. 17975 at its meeting on July 25, 1995, setting the associated public hearing for August 22, 1995; and WHEREAS, at its meeting of August 22, 1995, the City Council continued the public hearing until September 26, 1995 as the approval process for the amphitheater project was still underway; and WHEREAS, the Planning Commission considered and approved the EIR for this project at its meeting of September 6, 1995; and WHEREAS, at its meeting of September 26, 1995, the City Council continued the public hearing until October 3, 1995; and WHEREAS, notices required by Streets and Highways Code §8323 have been posted; and WHEREAS, Tuesday, the 3rd day of October, 1995 at 6:00 p.m. in the Council Chambers of the City of Chula Vista was fixed as the time and place for hearing any objections to such vacation, and the Council having heard all interested persons. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, order, determine and resolve as follows: Section 1 . That City Council does hereby order the vacation of various streets in Otay Rio Business Park, more particularly described in Exhibit A, attached hereto and-incorporated herein by reference as if set forth in full, reserving and not vacating such easements and rights therein described. Section 2. That the City Clerk is hereby directed to record a certified copy of this resolution with the office of the San Diego County Recorder. Presented by Approv d as for y J hn P. Lippitt Bruce M. Boogaard ublic Works Director City Attorney Resolution No. 18061 Page 2 EXHIBIT A 35 34 b Or A 36 4 y ROAD c 37 8 0 28 27 26 36 P9 YS = 6 c> � �a 40 ra 30 ?4 T-c c 3� 23 4/ qp c 8 *3 /y O to O /O I/ /B Ar lEGEMD 7 - s-rzzm 7S 70 OE VAC-47ED LOT IYumarRS o�awti i' TITI [ EXHIBIT " - 11 o��c t•/3. 90 Resolution No. 18061 Page 3 1592 LEGAL DESCRIPTION FOR THE VACATION OF CASTLE PINES AVENUE,GLEN EAGLES DRIVE, TL'RNBERRY DRIVE, AND SPYGLASS HELL ROAD WITH UTILITY EASEMENT RESERVATIONS BEING A PORTION OF Chula Vista Tract No. 87-6, Otay Rio Business Park, Unit No. 1, according to Map thereof No. 12458, on file in the office of the County Recorder of San Diego County, in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: Being all those portions of Castle Pines Avenue (1.59 acres, more or less), Glen Eagles Drive (1.56 acres, more or less), Turnberry Drive (1.73 acres, more or less), and Spyglass Hill Road ,., (3.33 acres, more or less), as shown on said Map No 12458. RESERVING AND EXCEPTING from vacation and abandonment, to the City of Chula Vista easements and right-of-way for, or rights to construct, operate, maintain, replace, enlarge and repair sewer and storm drain facilities and their related appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as all of said Castle Pines Avenue and Spyglass Hill Road, 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 materials thereon by sa;d 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. Contains 4.92 acres, more or less. RESERVING AND EXCEPTING from vacation and abandonment, to the Otay Water District easements for and right-of-way for, or right to construct, operate, maintain, replace, and repair water facilities and their related appurtenant structures and the rights of ingress and egress for such purposes in that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as all of said Turnberry Drive, Glen Eagles Drive, Castle Pines Avenue and Spyglass Hill Road. Contains 8.21 acres, more or less. Resolution No. 18061 Page 4 1593 .„ RESERVING AND EXCEPTING from vacation and abandonment, easements and rights to 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 egress to protect the property from all hazards in, under and upon said Spyglass Hill Road, Castle Pines Avenue, Turnberry Drive and Glen Eagles Drive Contains 8.21 acres, more or less. RESERVING AND EXCEPTING from vacation and abandonment, an easement to City of San Diego for access purposes upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as all of said Spyglass Hill Road, 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 materials thereon by said City San Diego Contains 3.33 acres, more or less. RESERVING AND EXCEPTING from.vacation and abandonment, easements and rights to San Diego Gas and Electric 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, renew remove or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and fextures for the operation of gas pipe lines, and for the transportation of gas and/or electrical energy for the incidental purposes thereof, including ingress and egress, to protect the property from all hazards in, under and upon said Spyglass Hill Road, Castle Pines Avenue, Turnberry Drive and Glen Eagles Drive Contains 8.21 acres, more or less. NO BUILDINGS AND/OR STRUCTURES shall be erected,walls constructed, fences built nor trees planted upon the easements herein described. Resolution No. 18061 1594 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirl Horton, Mayor ATTEST: 11-6jMz �? Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18061 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of November, 1995. Executed this 7th day of November, 1995. V—Zaj�)' 7 Beverly A. Authelet, City Clerk i THE FOfNL(Y)Wr` 1- „J"!'f]T IS A U, CT G„_ JAL ON &CK