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HomeMy WebLinkAboutReso 1992-16885 RESOLUTION NO. 16885 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF MT. MIGUEL ROAD ADJACENT TO CHULA VISTA TRACT NO. 91-01 SALT CREEK I CONDOMINIUMS WHEREAS, FN Projects, Inc., a California Corporation, owner of property under Subdivision Map No. 12917 (Salt Creek I - Unit No. 4) and owner of property under Tentative Map No. 91-01 (Salt Creek I Condominiums), has requested a right- of-way vacation of a portion of Mt. Miguel Road adjacent to Salt Creek I Condominiums; and, WHEREAS, the portion requested for vacation was originally dedicated on Final Map No. 12917, but the Tentative Map for CVT 91-01, currently being processed, requires a realignment of Mt. Miguel Road such that the portion requested for vacation is no longer needed for street purposes; and, WHEREAS, Section 8334(a) of the California Streets and Highways Code states that the Council may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes; and, WHEREAS, Section 8334.5 states that a street easement may not be summarily vacated if public utility facilities are in place and would be affected by the vacation; and, WHEREAS, all utility companies that might be affected were contacted and have no objections to the vacation and there are no facilities in the street easement other than a private storm drain, so no utility easement reservations are necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby, in accordance with Chapter 4 of the Streets and Highways Code, order the summary vacation of a portion of Mt. Miguel Road adjacent to Chula Vista Tract No. 91-01 Salt Creek I Condominiums, as more particularly described in Exhibit "B", attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a certified copy of this resolution to the San Diego County Recorder's Office for recordation and from and after the date of recordation, the easement vacated no longer constitutes an easement. Presented by Appro s to form Jo p t Boogaard~ " Director of Public Works City Attorney Resolution 16885 Page 2 LEGAL DESCRIPTION MT. MIGUEL ROAD VACATION THAT PORTION OF MT. MIGUEL ROAD DEDICATED PER CHULAVISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 12917, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF SAID COUNTY ON FEBRUARY 4, 1992, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THE WESTERLY SIDELINE OF SAID MT. MIGUEL ROAD, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1964.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS N.89'59'52"E.; THENCE NORTHERLY ALONG SAID CURVE AND SAID WESTERLY SIDELINE THROUGH A CENTRAL ANGLE OF 1'54'24" AN ARC LENGTH OF 65.36 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 70.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS S.88'05'28"W.; THENCE LEAVING THE WESTERLY SIDELINE OF SAID MT. M1GUEL ROAD SOUTHE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46'48'14" AN ARC LENGTH OF 57.18 FEET; THENCE S.15'16'53"E. 5.51 FEET; THENCE S.18'09'00"W. 4.98 FEET; THENCE S.71'51'00"E. 16.16 FEET MORE OR LESS TO THE SOUTHERLY LINE OF MT. MIGUEL ROAD PER SAID MAP NO. 12917; THENCE ALONG SAID SOUTHERLY LINE S.89'59'52"W. 37.94 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 739 SQ.FT. /~./~f~I~/L~,® -__ S'.S~.~5669 /~6~,~__ REV:8/24/92 Resolution No. 16885 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this lOth day of November, 1992, by the following vote: YES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: · 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 certi~that the foregoing Resolution No. 16882 was duly passed, approved, and adopted by the City Council held on the lOth day of November, 1992. Executed this lOth day of November, 1992. Beverly A.~uth~let, City~C~rk