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HomeMy WebLinkAboutReso 2003-295RESOLUTION NO. 2003-295 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF AN EASEMENT CALLED OUT AS "2' WALL MAINTENANCE AND ACCESS EASEMENT" OF MAP NO. 14493 WHEREAS, a request has been received from McMillin Otay Ranch, LLC, owner of the prcperty located in McMillin Otay Ranch Village 6, R-3, to vacate a Wall Maintenance and Access Easement located along the rear of Lots 1 through 29; and WHEREAS, the purpose of the easement was to maintain a perimeter wall encompassing the McMillin Otay Ranch Village 6, R-3 subdivision; and WHEREAS, a 2-foot wall easement dedicated to the City of Chula Vista on Map No. 14615 extends a wall easement around the Otay Ranch Company's Village 6 property; and WHEREAS, the portion of the 2-foot Wall Maintenance and Access Easement along Lots 1 through 29 is no longer needed and will therefore be maintained by a homeowners association; anC WHEREAS, in accordance with Chapter 4, Section 8330, et. seq. of the California Streets ant Highways Code, this type of public service easement to be summarily vacated provided that the easement is relocated and that there are no public utilities within said easement; and WHEREAS, the portion of the 2-foot Wall and Maintenance Easement was replaced with the wall easement granted on Map No. 14615 and there are no public utilities in said easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby summarily vacate a portion of the easement called out as "2' Wall Maintenance and Access Easement" of Map No. 14493 located along the rear of Lots 1 through 29 in McMillin Otay Ranch Village 6, R-3, as shown on Exhibit "A", attached hereto and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this Resolution of Summary Vacation in the office of the San Diego County Recorder and that from and after the date of such recordation, this vacated easement shall no longer constitute an easement. Presented by Approved as to form by Ann Moore City Attorney Resolution 2003-295 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of July, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None Stephen C~. adilla, Mayor Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-295 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of July, 2003. Executed this 15th day of July, 2003. Susan Bigelow, City Clerk I