HomeMy WebLinkAboutReso 2022-106 DOC# 2022-0204717
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May 12, 2022 08:36 AM
Recording requested OFFICIAL RECORDS
by: Ernest J. Dronenburg, Jr,
City of Chula Vista SAN DIEGO COUNTY RECORDER
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RESOLUTION NO. 2022-106
RESOLUTION NO. 2022-106
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA VACATING A PORTION OF MARINA
PARKWAY AND A PORTION OF G STREET
WHEREAS,portions of Marina Parkway and G Street were dedicated to the City of Chula
Vista(City)by the San Diego Unified Port District(Port)by document recorded October 10, 1966
as File/Page No. 163052 of Official Records of the County of San Diego, State of California; and
WHEREAS, on September 25, 2012, the City Council approved amendments to the
Bayfront Specific Plan, via Ordinance No. 3238 and City Council Resolution No. 2012-189,
including the realignment of the portions of Marina Parkway and G Street that are the subject of
this action, and made findings that the amended Bayfront Specific Plan was consistent with the
City's General Plan and the California Coastal Act; and
WHEREAS, the City desires to vacate portions of Marina Parkway and G Street, subject
to the reservations and exceptions identified herein, in order to allow for the realignment and
dedication of new streets in furtherance of the Chula Vista Bayfront Development and in
conformance with the Bayfront Specific Plan; and
WHEREAS, California Streets and Highways Code (SHC) section 8312 provides that a
city may vacate all or part of a street, highway, or public service easement within the city in
accordance with the provisions thereof; and
WHEREAS, in accordance with Chula Vista Municipal Code (CVMC) section 12.40.010,
City staff has conducted an investigation and determined that the public interest would be served
by vacating these portions of Marina Parkway and G Street, subject to the reservations and
exceptions identified herein, to allow for street realignments in furtherance of the Chula Vista
Bayfront Development; and
WHEREAS, per CVMC section 12.40.010 and SHC section 8322, City staff published
notice of the public hearing,scheduled for May 10,2022 at 5:00 p.m.in the City Council chambers,
to consider the proposed street vacations; and
WHEREAS, per SHC section 8323, City staff posted notices of the proposed street
vacations and the associated public hearing at the proposed vacated street locations; and
WHEREAS, per SHC section 8347, City staff notified all utility companies with facilities
in the streets to be vacated of the proposed vacations and made arrangements with said utility
companies to relocate their facilities into the newly aligned and dedicated Marina Parkway and G
Street; and
Resolution No. 2022-106
Page No. 2
WHEREAS, SHC section 8340 allows a city to reserve and except out from a vacation,
easement and other rights necessary to maintain, operate, replace, remove, or renew public utility
facilities; and
WHEREAS, staff recommends reserving and excepting out from the proposed vacations
all easement and other rights necessary or appropriate to maintain, operate, replace, remove, or
renew public utility facilities until such time that all appropriate and necessary public utility
facilities have been relocated into the realigned and dedicated streets; and
WHEREAS, staff recommends approving the vacations, subject to the reservations and
exceptions identified herein, to allow for the realignment and dedication of new streets in
furtherance of the Chula Vista Bayfront Development and in conformance with the Bayfront
Specific Plan; and
WHEREAS, per SHC section 8324, the City Council duly held a public hearing, on May
10, 2022 at 5:00 p.m. in the City Council chambers, to consider the proposed street vacations and
hear the evidence offered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
1. After conducting the public hearing and considering the evidence, the City Council finds
that, subject to the reservations and exceptions noted in this Resolution, those certain
portions of Marina Parkway and G Street dedicated as public streets by document recorded
October 10, 1966 as File/Page No. 163052 of Official Records of the County of San Diego,
State of California are unnecessary for present or prospective public street purposes.
2. That from and after recordation of this Resolution, those certain portions of Marina
Parkway and G Street that were dedicated as public streets per File/Page No. 163052 of
Official Records of the County of San Diego, State of California are vacated, subject to the
reservations and exceptions in this Resolution.
3. That reserved and excepted from the vacations in this Resolution are those easement and
other rights, over, under, and across the entirety of the vacated area, as appropriate or
necessary to maintain, operate, replace, remove, relocate, or renew any public utility
facilities until such time as such public utility facilities have been relocated into the
realigned and dedicated Marina Parkway and G Street.
4. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by
the City Clerk under seal, to be recorded without acknowledgement, certificate of
acknowledgement, or further proof, in the Office of the County Recorder in which the
property is located.
5. Upon recordation of this Resolution, the vacations shall be complete.
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Resolution No. 2022-106
Page No. 3
Presented by Approved as to form by
Enc C. Crockett en R. Go gins
Deputy City Manager/Director of Economic cilyALtordey E)7
Development
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of May 2022 by the following vote:
AYES: Councilmembers: Cardenas,Galvez,McCann,Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Cla illas Salas, Mayor
ATTEST:
Keay K. Bi e ow, MM , ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Keay K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2022-106 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 10th day of May 2022.
Executed this 10th day of May 2022.
Kerry K. 'gelow, SIC, City Clerk