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HomeMy WebLinkAboutReso 2003-296RESOLUTION NO. 2003-296 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR PARK PURPOSES TO THE CITY OF CHULA VISTA OVER LOT 5 OF MAP NO. 13649, CHULA VISTA TRACT NO. 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 WHEREAS, a request has been received from McMillin Otay Ranch, LLC, to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest for park purposes to the City consistent with a Lot Line Adjustment Parcel Map being processed by the C~ty; and WHEREAS, Map No. 13649, Chula Tract No. 98-04, McMillin Otay Ranch SPA One, Phase 2, was recorded on October 15, 1988 and included a dedication of Lot 5 for public park purposes; and WHEREAS, section 7050 of the Government Code of the State of California provides that an Offer of Dedication remain open and subject to future acceptance by the City; and WHEREAS, said Offer of Dedication has not been accepted by the City; and WHEREAS, to approve the Lot Line Adjustment Parcel Map, the Irrevocable Offer of Dedication 0OD) for park purposes dedicated on Map 13649 over Lot 5 needs to be vacated pursuant to California Streets and Highways Code 8330 et seq.; and WHEREAS, a new IOD for Public Park Purposes will be dedicated on the Lot Line A~justment Parcel Map and will be consistent with the new boundary; and WHEREAS, construction of the multi-family site requires that the lot line between Lots 4 and 5 of Map No. 13649 has to be adjusted; and WHEREAS, the lot line adjustment now in process would move the southerly property line of LOt 4 to the south a maximum distance of 3.64 feet adding 0.032 acres to LOt 4; and WHEREAS, staff recommends that this vacation be contingent upon recordation by the Clerk of the Lot Line Adjustment Parcel Map; and WHEREAS, should this vacation not be recorded, then vacation of the IOD not be recorded as well; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby summarily vacate the Irrevocable Offer of Dedication of Fee Interest for park purgoses to the City of Chula Vista over LOt 5 of Map No. 13649, CVT No. 98-04, McMillin Otay Ranch SPA One, Phase 2, 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 subsequent to recordation of the Lot Line Adjustment Parcel Map and that from and after such date of Resolution 2003-296 Page 2 recordation this vacated Offer of Dedication no longer constitutes an offer subject to acceptance by the City of Chula Vista. Presented by Approved as to form by ~n~iff6~'ri~~ ~i ~o~w~anson Ann Moore City Attorney 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: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: 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. 2003-296 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 PARCEL 7.605 ACR£$ I_~ T -4 EXHIBIT "A" OLO LOT UNE ~' O,85' PARCEL LOT 5 5.650 ACR£$ (ORIGINALLY 5.682 ACRES) NET LOSS -0.032 ACRES I0(} SANI'A CORA PARK 0 T L ~Nfl A DJUS T/~f~mN ACREAGE F-.XHIBIT 3O0