HomeMy WebLinkAboutReso 2020-054RESOLUTION NO. 2020-054
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING CITY-OWNED LANDS WITHIN
TELEGRAPH CANYON ROAD AS EXEMPT SURPLUS
LANDS AND APPROVING TRANSFERS OF THE CITY-
OWNED EXEMPT SUPLUS LANDS TO ADJACENT
PROPERTY OWNERS
WHEREAS, in September 2019, property owners of lots 19-38 of the Telegraph Knolls
Subdivision requested approval of the partial vacation of Telegraph Canyon Road between
Hilltop Drive and Melrose Avenue at the northerly edge of said Subdivision; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-053
ordering the summary vacation of the southerly 22 feet of Telegraph Canyon Road as shown,
dedicated, and accepted in Grant Deed No. 121961 on August 13, 1957 and depicted on Map
3665 which concerns right-of-way within, on, above, and over lots 19-38 of the Telegraph
Knolls Subdivision as shown on Map 3665 (the “Property”); and
WHEREAS, the California Surplus Lands Act (Cal. Gov. Code §§ 54220 et seq.) as
modified by California Assembly Bill 1486, effective October 9, 2019, provides the framework
and state law requirements for disposal of a local agency’s surplus real property; and
WHEREAS, the California Surplus Land Act provides exemptions from the requirements
of the Act for “exempt surplus land,” which includes land that is former right-of-way that is
conveyed to an owner of an adjacent property (Cal. Gov. Code § 54221(f)(1)(E)); and
WHEREAS, the Property is former right-of-way that was ordered to be summarily
vacated by the City Council; and
WHEREAS, Chula Vista Municipal Code section 2.56.130 provides that the City may
sell real property at less than fair market value upon a determination by the City Council that
doing so will be in the public interest; and
WHEREAS, staff analyzed the Property and determined that it is not required for street
or highway purposes and has no current or future planned public use; and
WHEREAS, staff recommends the transfer of the Property to the adjacent twenty (20)
property owners as in the public interest as it would relieve the City of the responsibility, costs,
and liability associated with the ownership and maintenance of the Property, and the adjacent
property owners have agreed to be responsible for the staff costs associated with the vacation and
transfers of the Property.
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Resolution No. 2020-054
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it declares the Property to be “exempt surplus land” under the California Surplus Land Act
(Gov. Code §§ 54220 et seq.).
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
finds the proposed transfer of the Property to the twenty (20) adjacent property owners to be in
the public interest as the lands are not required for street or highway purposes, have no current or
future planned public use, and transfer would relieve the City of the responsibility, costs, and
liability associated with the ownership and maintenance of the Property.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the transfer of the Property to the adjacent twenty (20) property owners, authorizes
and directs the City Manager, or designee, to execute and record such documentation, as
approved by the City Attorney, as necessary or convenient to transfer the Property as described
herein and to otherwise effectuate the purpose of this resolution.
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Resolution No. 2020-054
Page No. 3
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of March 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
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. 2020-054 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of March 2020.
Executed this 17th day of March 2020.
Kerry K. Bigelow, MMC, City Clerk
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