HomeMy WebLinkAboutReso 2020-008RESOLUTION NO. 2020-008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE 5.5-FOOT-WIDE EASEMENT FOR TREE PLANTING
AND MAINTENANCE PURPOSES ALONG SHOWROOM
PLACE
WHEREAS, Spectrum Development Group, Inc. is constructing the Eastlake Marriott
Springhill Suites Hotel within a vacant lot located at the northwest corner of Fenton Street and
Showroom Place and is requesting the vacation of an existing 5.5-foot tree planting and
maintenance easement along Showroom Place at the north easterly boundary of the project to
accommodate for a proposed driveway; and
WHEREAS, said easement was dedicated to the City in Map No. 14395, recorded on
May 16th, 2002; and
WHEREAS, the City is processing Design Review Application DR19-0029 and
Conditional Use Permit CUP19-0029 for the Eastlake Marriott Springhill Suites to be
constructed in Parcel “A” of Certificate of Compliance No. ER399 and with address of 870
Showroom Place, and as part of the Conditions of Approval for the project, city staff will require
the vacation of the 5.5-foot-wide tree planting and maintenance easement along Showroom Place
where the proposed driveway for the hotel will be located; and
WHEREAS, at present, Parcel “A” sits vacant and the location where the tree planting
and maintenance easement is being proposed to be vacated has never been used, because it is the
location of the entrance to the property; and
WHEREAS, Section 8333(a) of the California Street and Highway Code states that the
local agency may summarily vacate a public service easement if the easement has not been used
for the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby orders the summary vacation of the 5.5-foot-wide easement for tree planting
and maintenance purposes along Showroom Place granted in Map No. 14395 to the City of
Chula Vista within Parcel “A” of Certificate of Compliance No. ER399, and based on the Streets
and Highways Code Division 9, Part 3, Chapter 4, Section 8333(a), which states that the local
agency may summarily vacate a public service easement if the easement has not been used for
the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby orders the City Clerk to record without acknowledgment, certificate of acknowledgment,
or further proof in the office of the recorder of San Diego County, this adopted City Council
Resolution of Vacation.
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Resolution No. 2020-008
Page No. 3
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