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HomeMy WebLinkAboutReso 2018-190RESOLUTION NO. 2018-190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION OF LOT “6” FOR PUBLIC PARK PURPOSES AND OF LOT “7” FOR SCHOOL PURPOSES PER FINAL MAP NO. 16112, CHULA VISTA TRACT NO. 12-05, OTAY RANCH VILLAGE 2 SOUTH WHEREAS, pursuant to the Otay Ranch General Development Plan, the Otay Ranch Village 2 Developer has an obligation to dedicate 5.1 acres of parkland for P-5, Lot “6”; and WHEREAS, an Irrevocable Offer of Dedication in Fee Interest of Lot “6” was acknowledged by the City of Chula Vista for Public Park Purposes as shown on Final Map No. 16112, filed in the Office of the County Recorder of San Diego County on June 22, 2016; and WHEREAS, currently the dedicated total parkland for P-5, Lot “6” is 4.9 acres; and WHEREAS, a summary vacation of the Irrevocable Offer of Dedication in Fee Interest for the 4.9 acre Lot “6” of Final Map No. 16112 and a subsequent Irrevocable Offer of Dedication for a newly reconfigured lot of 5.1 acres will rectify the difference of under dedicated parklands; and WHEREAS, an Irrevocable Offer of Dedication in Fee Interest of Lot “7” was acknowledged by the City of Chula Vista for School Purposes as shown on Final Map No. 16112, filed in the Office of the County Recorder of San Diego County on June 22, 2016; and WHEREAS, in accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code , the above identified Irrevocable Offer(s) of Dedication in Fee Interest may be terminated and the right to accept such offers abandoned through adoption of a resolution ordering said summary vacation; and WHEREAS, staff recommends that the above identified Irrevocable Offer(s) of Dedication in Fee Interest for Lot “6” as shown on Final Map No. 16112 and Lot “7” as shown on Final Map No. 16112, be terminated and the right to accept such offers abandoned through adoption of this resolution ordering summary vacations therefor; and WHEREAS, from and after the date this resolution is recorded, the above identified Irrevocable Offer(s) of Dedication in Fee Interest will no longer constitute offers of dedication for the stated purposes; and WHEREAS, a new Irrevocable Offer of Dedication in Fee Interest for 5.1 acres for Public Park and Other Public Purposes will be offered by the Developer and accepted by the City per separate instrument; and DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201 Resolution No. 2018-190 Page No. 2 WHEREAS, the City does not accept IODs for school sites, and thus a new Irrevocable Offer of Dedication will not be created for the school site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby orders the summary vacation of the Irrevocable Offer of Dedication of Lot “6” for public park purposes, according to map thereof No. 16112, which is incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby orders the summary vacation of the Irrevocable Offer of Dedication of Lot “7” for school purposes, according to map thereof No. 16112, which is incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution of vacation in the office of the San Diego County Recorder. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201 Resolution No. 2018-190 Page No. 3 Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of September 2018 by the following vote: AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2018-190 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of September 2018. Executed this 18th day of September 2018. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201