HomeMy WebLinkAboutAgenda Statement 1987/03/24 Item 6 COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 3/24/87
ITEM TITLE: Resolution /.ZY V7 Summarily vacating Surve No. 145, Old
alignment of Otay Lakes Road /
SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Manager07 (4/5ths Vote: Yes No X )
A road survey was performed for a road alignment between Bonita Road and
Telegraph Canyon Road in 1898. It was recorded February 20, 1899. In 1933,
the alignment was revised by Road Survey No. 558, which is currently is use.
The County has apparently not abandoned the old alignment, as it has appeared
in a title report of the property owned by the applicants. In accordance with
the California Streets and Highways Code, this right-of-way may be summarily
vacated by resolution without a public hearing.
RECOMMENDATION:
a. That the Council approve the subject resolution.
b. Approve a refund of the unused portion of the application fee of
$1 ,190.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Mr. William Lee, the owner of the property at the northwest corner of Otay
Lakes Road and East "H" Street recently had a title search done for the
property. The search revealed the existence of a 40 foot wide road easement
traversing in a north-south direction through the property. The survey was
done in 1898 and recorded in Book 257, Page 420 of Deeds on February 2, 1899.
It was a very primitive alignment with no horizontal curves and many
switchbacks. The easement generally followed the route of the current Otay
Lakes Road connecting Bonita Road and Telegraph Canyon Road.
Survey No. 145 was superseded in 1933 by Road Survey No. 558, which is still
in use today, with a few modifications. The old survey was in the
unincorporated area of the County when the newer alignment was established.
Evidently, the old survey was not vacated, so will appear as restrictions on
titles of the parcels traversed by the old survey. It is desirable to vacate
the old easement to clear it from all title reports.
Page 2, Item 6
Meeting Date 3/24/87
The California Streets and Highways Code Section 8330(a) states the Council
may summarily vacate a street or highway that has been superseded by
relocation without a public hearing.
It is recommended that the Council approve the resolution of vacation which
includes the following:
1 . That the vacation is made under this chapter.
2. The name or other designation of the street, highway, or public service
easement and a precise description of the portion vacated. The
description of the portion vacated may be by a precise map which is
recorded or to which reference is made in the resolution and which is
permanently maintained by the public entity.
3. The facts which provide the basis for the summary vacation.
4. That from and after the date the resolution is recorded, the street,
highway, or public service easement vacated no longer constitutes a
street, highway, or public service easement.
Inasmuch as the vacation of the subject easement should have been initiated by
the County after the new alignment was established, it is also recommended
that the unused portion of the application fee of $1 ,190 be refunded to the
applicant.
The Planning Department staff has reviewed the proposals and has no objections
to this vacation.
All utility companies have been contacted and none have facilities within the
40-foot easement. No easements are required to be reserved.
There is a transparency of Exhibit "A" available.
FISCAL IMPACT: If Council approves the refund of the unused portion of the
application fee of $1 ,190, it shall be disbursed from Account No.
100-0730-5420.
WPC 2669E
y the City Council of
Chula Vista, California
Dated c 'a2 7"17