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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8333(c) of the California Streets and Highways Code states that Council may summarily vacate an easement which has been superseded by relocation if no other public facilities are present within the easement.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 ,~,, !1 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.