HomeMy WebLinkAboutReso 1993-17079 RESOLUTION NO. 17079
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING THE SUMMARY VACATION OF A DRAINAGE
EASEMENT AT THE NORTHWEST CORNER OF PASEO DEL REY AND
TELEGRAPH CANYON ROAD
WHEREAS, Real Estate Investment Trust, owner of the property at the
northwest corner of Paseo Del Rey and Telegraph Canyon Road, has requested
vacation of a portion of the drainage easement which was obtained by condemnation
for Telegraph Canyon Channel across their property; and,
WHEREAS, said easement is requested to be vacated because onsite buildings
encroach within the easement and that portion of the easement is not needed for
maintenance of the drainage facilities; and,
WHEREAS, in order to clearly delineate where the drainage easement will be,
it is proposed that the entire existing drainage easement be vacated and a new
drainage easement be granted; and,
WHEREAS, only that small portion, where the onsite building encroaches,
will actually be vacated {.043 Acres} and after vacation of the existing
easement and dedication of a 35 foot wide drainage easement along Telegraph
Canyon Road, there will be a net gain of 0.457 acres; and,
WHEREAS, since the exchange results in the City receiving more area, staff
recommends that no compensation be required for the vacated portion; and,
WHEREAS, Section 8333(c) of the California Streets and Highways Code states
that Council may summarily vacate an easement which has been superseded by
relocation if no other public facilities are present within the easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby order the summary vacation of a drainage easement at the
northwest corner of Paseo Del Rey and Telegraph Canyon Road, more particularly
incorporated herein in Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record
said resolution in the office of the County Recorder and from and after the date
the resolution is recorded, the easement vacated no longer constitutes an
easement.
Presented by A d as to f by
Bruce M. Boogaa
· City Attorney
Director of Public Works ' '
II I~'
Resolution No. 17079 zz.~i ,~,,
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Resolution No. 17079
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 20th day of April, 1993, by the following vote:
YES: Councilmembers: Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Fox
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
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. 17079 was duly passed, approved,
and adopted by the City Council held on the 20th day of April, 1993.
Executed this 20th day of April, 1993.