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HomeMy WebLinkAboutReso 1994-17728 RESOLUTION NO. 17728 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A GENERAL UTILITY AND ACCESS EASEMENT WITHIN EASTLAKE GREENS MASTER COLLECTION, UNIT 17 AND AUTHORIZING THE MAYOR TO EXECUTE THE QUITCLAIM DEED VACATING THE EASEMENT WHEREAS, Brehm Communities will be developing the remaining undeveloped portion of EastLake Greens Unit 17, Lots 6-13, of the Masters Collection, and has obtaining approval for minor revisions to the original development plan for the unit; and, WHEREAS, the proposed revisions required adjustments to the side lines for Lots 6-13 and to the private drives; and, WHEREAS, a condition of the adjustment requires the vacation of a portion of the general utility and access easements that was dedicated to the City on the final map for Unit 17; and, WHEREAS, Brehm Communities and EastLake Development Company, owners of the Bristolwood development within Unit 17 of EastLake Greens, have requested vacation of a portion of the easement; and, WHEREAS, in accordance with Section 8330 of the Streets and Highways Code, the easement located within Lot 10 may be vacated as a summary vacation since it will not eliminate access to adjacent property; and, WHEREAS, the proposed vacation is exempt from CEQA environmental requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, in accordance with Chapter 4 of Part 3 of the Streets and Highways Code, does hereby order the summary vacation of a general utility and access easement within EastLake Greens Masters Collection, Unit 17, more particularly described in Exhibit "A", attached hereto and incorporated herein as if set forth. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute the Quitclaim Deed vacating the easement. Resolution No. 17728 Page 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution and from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. Presented by Appr ed as te for y ohn P. r of Public Works ' " C~ty Attorney Resolution No. 17728 Page 3 EXHIBIT ~A~ LEGAL DESCRIPTION ALL THAT PORTION OF LOT 10 OF CHULAVISTA TRACT NO. 88-3, UNIT NO. 17, IN THE CITY OF CHULA VISTA, COUNTY OP Sj~q DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12923, FILED IN THE OFFICE OF THE COUNTY RECORDER, FEBRUARY 28, 1992, DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE WESTERLY LINE OF SAID LOT 10 AND THE NORTHERLY LINE OF A UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID HAP NO. 12923; THENCE ALONG SAID NORTHERLY EASEMENT LINE NORTHEASTERLY ALONG THE ARC OF A 777.50 FOOT RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 20°37~00" WEST, THROUGH A CENTRAL ANGLE OF 2°45~18' A DISTA/~CE OF 37.38 FEET; THENCE SOUTH 23°22~18" EAST 5.00 FEET TO A POINT ON A 297.50 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 23e22~18" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 9~26~59" A DISTANCE OF 49.07 FEET TO THE BEGINNING OF A TANGENT REVERSE 9.50 FOOT RADIUS CURVE TO THE LEFT AND THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°36~41" A DIST]~NCE OF 14.53 FEET; THENCE NORTH 11°32'00'' WEST 73.86 FEET; - THENCE NORTH 78'28'00" EAST 33.00 'FEET; THENCE SOUTH 11'32'00" EAST 75.57 FEET TO THE BEGINNING OF A TANGENT 9.50 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86602'00'' A DISTANCE OF 14.26 FEET TO A POINT ON THE ABOVEMENTIONED NORTHERLY UTILITY AND ACCESS EASEMENT LINE; THENCE SOUTH 82°26'00 WEST 18.01 FEET TO THE BEGINNING OF A TANGENT 297.50 FOOT RADIUS CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6e21~19" A DISTANCE OF 33.00 FEET TO THE TRUE POINT OF BEGINNING. L8"5456~' ) IIt ' Resolution No. 17728 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of November, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: ~--~, Vicki C. Soderquist~'~y City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17728 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of November, 1994. Executed this 22nd day of November, 1994. Vicki C. Soderquist, D~p~ty City Clerk