HomeMy WebLinkAboutReso 2023-075 DOC# 2023-0156397
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Recording requested Jun 15, 2023 08:44 AM
by: OFFICIAL RECORDS
City of Chula Vista JORDAN Z. MARKS,
SAN DIEGO
After recording return FEES:$0.00 After Atkins: $0.00)RECORDER
to:
City Clerk's Office PAGES:5
City of Chula Vista
276 Fourth Avenue
Chula Vista,CA 91910
Fee Exempt—
Gov't Code 6103
This space for Recorder's use only
RESOLUTION NO. 2023-075
RESOLUTION NO. 2023-075
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
A PORTION OF A PUBLIC SERVICE EASEMENT RESERVED
BY THE COUNTY OF SAN DIEGO WITHIN PARCEL 1 OF
CERTIFICATE OF COMPLIANCE ER484 OF OTAY RIVER
BUSINESS PARK
WHEREAS, on May 19, 1981, a 66-foot-wide easement (the "Public Service Easement")
was reserved by the County of San Diego for possible public utility purposes, with the City of
Chula Vista as successor agency per Document No. 81-154859, filed in the Office of the County
Recorder of San Diego County on May 19, 1981; and
WHEREAS, on January 23, 2020, San Diego Gas & Electric Company quitclaimed their
interest in this portion of the Public Service Easement per Document No. 2020-0036948, filed in
the Office of the County Recorder of San Diego County; and
WHEREAS, on July 26, 2021, Otay River Business Park Development, LLC consolidated
Lots 10 and 11 of Map No. 16399 as Parcel 1 of Certificate of Compliance ("COC") No. ER484
per Document No. 2021-0530386,filed in the Office of the County Recorder of San Diego County;and
WHEREAS, on September 14, 2022, the City approved Design Review Application,
DR21-0009, for the Otay River Business Park Specific Plan to construct a new industrial building
and associated parking over Parcel 1 of COC No. ER484, which triggered the requirement to
vacate the existing Public Service Easement on Parcel 1; and
WHEREAS, the portion of the Public Service Easement on Parcel 1 has not been used for
public utility purposes for at least five (5) consecutive years immediately before the date of this
Resolution, and no public utilities are known ever to have been installed in the Public Service
Easement area on Parcel 1; and
WHEREAS, in accordance with Division 9, Part 3, Chapter 4, Sections 8333 and 8335 of
the California Streets and Highways Code, this type of summary vacation of a public service
easement may be performed through adoption of a resolution of vacation by the City Council and
recordation of a certified copy of the resolution attested to by the City Clerk; and
WHEREAS, City staff recommends approval of the vacation of the Public Service
Easement on Parcel 1.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, and orders
as follows:
(1) This vacation of the Public Service Easement on Parcel 1 is made pursuant to Sections
QW 8333 and 8335 of the California Streets and Highways Code.
Resolution No. 2023-075
Page No. 2
(2) The portion of the Public Service Easement on Parcel 1 and a precise description of
such Easement vacated by this Resolution is found in Exhibit A attached hereto.
(3) The Public Service Easement on Parcel 1 vacated by this Resolution has not been used
for public utility purposes for at least five (5) consecutive years immediately before the
date of this Resolution, and no public utilities are known ever to have been installed in the
Public Service Easement area on Parcel 1.
(4) That from and after the date this Resolution is recorded, the Public Service Easement
on Parcel 1 that is vacated no longer constitutes a public service easement and the vacation
is complete.
BE IT FURTHER RESOLVED that the City Council directs the City Clerk to cause a
certified copy of the resolution of vacation, attested by the Clerk, without acknowledgment or
further proof, to be recorded in the Office of the County Recorder of San Diego County. From
and after the date this resolution is recorded, the vacation is complete.
[SIGNATURES ON THE FOLLOWING PAGE]
Resolution No. 2023-075
Page No. 3
Presented by Approved as to form
By:,
Laura C. c ,AICP
D' e r of Development Services Lounsberyrguson Altona&Peak
Acting Ci Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California,this 6th day of June 2023 by the following vote:
AYES: Councilmembers: Cardenas, Chavez,Gonzalez,Preciado,and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
(461W Cann, ayor
ATTEST:
Kerry K. Qelow,N44C, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CI ULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No.2023-075 was duly passed, approved,and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 6th day of June 2023.
Executed this 6th day of June 2023.
Kerry K. B low,MW,City Clerk
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF AN EASEMENT RESERVED BY THE COUNTY OF SAN DIEGO BY RESOLUTION
RECORDED MAY 19, 1981 AS INSTRUMENT NO. 81-154859,OFFICIAL RECORDS OF SAN DIEGO
COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF FAIVRE STREET AS DEDICATED PER
CHULA VISTA TRACT NO. PCS 16-0007,OTAY RIVER BUSINESS PARK,IN THE CITY OF C14ULA
VISTA,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.
16399, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,2020.
ALSO THAT PORTION OF A RESERVATION OF EXISTING FRANCHISE EASEMENTS RESERVED BY
THE COUNTY OF SAN DIEGO PER INSTRUMENT NO. 81-154859 RECORDED MAY 19, 1981 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY,LYING SOUTHERLY OF THE SOUTHERLY LINE OF
FAIVRE STREET AS DEDICATED PER CHULA VISTA TRACT NO. PCS 16-0007, OTAY RIVER
BUSINESS PARK, IN THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA,ACCORDING TO MAP THEREOF NO. 16399,FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY,MAY 11,2020.
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