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HomeMy WebLinkAboutReso 1991-16398 RESOLUTION NO. 16398 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO VACATE A PORTION OF NORTH FIFTH AVENUE AND SETTING THE DATE OF THE PUBLIC HEARING THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Dixieline Lumber Company, owner of the property at 40 North Fourth Avenue, has requested that a portion of North Fifth Avenue be vacated by the City; and, WHEREAS, Dixieline claims that realignment of the street will reduce the impact on the developable area of its properties and by vacating the subject portion and dedicating new right-of-way, the properties in the area will be better served; and, WHEREAS, after investigation of the subject matter, staff's finding are that: 1. North Fifth Avenue is a "paper street" north of the Hodge Bros. Industrial Park (see Exhibit "A") and, as such, does not have street improvements. 2. Parcel 1 and Parcel 2 must be combined as a condition of approval of the vacation, so Parcel 1 will not become land-locked by the vacation. 3. The current alignment is no longer necessary, since the freeway prohibits the northerly extension of the street and there are no plans to provide an overpass for that purpose. 4. There are existing gas and overhead electric facilities owned by San Diego Gas and Electric Company located in an existing easement tranted to SDG&E prior to the area being annexed to Chula Vista. This means we need not reserve an easement for them.) We will reserve an easement for Sweetwater Authority, however, for its facilities. 5. The Planning Department was contacted for its comments on this request and responded with the requirement to consolidate Parcel 1 and Parcel 2 (see Item 2 above). WHEREAS, in accordance with Chapter 3, General Vacation Procedure, Section 8320, of the California Streets and Highways Code, the Council may initiate the vacation proceedings by adoptin9 a resolution of intention. Resolution No. 16398 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby set 6:00 p.m. on the 26th day of November, 1991, in the Council Chambers, 276 Fourth Avenue, Chula Vista, California as the time and place for hearing all persons interested in or objecting to the proposed vacation of North Fifth more particularly shown on Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby directed to cause a copy of this resolution to be published once in the Chula Vista Star News, a newspaper of general circulation published within the City of Chula Vista, and to cause notices of the passage of this resolution to be posted in the manner and form required by law. Presented by Appro s t~o ~ Joh P. Lip/pitf~ ~uce M. Boogaard -- Di~f Public Works ~ty Attorney Resolution No. 16398 · Page 3 Resolution No. 16398 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of November, 1991, by the followin9 vote: YES: Councilmembers: Grasser Horton, Moore, Nader, Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Malcolm Tim Nader, Mayor ATTEST: Bever y A.tLele , C Xty 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 certify that the foregoin9 Resolution No. 16398 was duly passed, approved, and adopted by the City Council held on the 5th day of November, 1991. Executed this 5th day of November, 1991. Beverl~A~uthe~t, City Clerk