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HomeMy WebLinkAboutReso 2024-018Recording requested Fe . b 077 2024 08:32 AM RESOLUTiON NO. 2024-018 DocuSign Envelope ID: 489C1703-D5DA-4EBD-8031-126C36AB8190 RESOLUTION NO. 2024-018 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ORDERING THE VACATION OF AN EASEMENT FOR STREET PURPOSES OF A PORTION OF LOT 1 IN SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA (A PORTION OF SHINOHARA LANE), AND (2) ACCEPTING THE GRANT OF A NEW STREET EASEMENT FOR EMERGENCY VEHICLE TURNAROUND PURPOSES WHEREAS, an Easement for Street Purposes was granted to and acknowledged by the City of Chula Vista for a portion of 517 Shinohara Lane, filed in the Office of the County Recorder of San Diego County on April 20, 1992; and WHEREAS, with the proposed easement vacation, a new public access easement will be granted by a separate document with a hammerhead design at 517 Shinohara Lane for emergency vehicle turnaround; and WHEREAS, said portion of Shinohara Lane to be vacated is not and will no longer be needed for a public street; and WHEREAS, in accordance with Division 9, Part 3, Chapter 4, Sections 8833 through 8335 of the California Streets and Highways Code (SHC), this type of summary vacation of a street or highway 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, 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 this portion of Shinohara Lane to allow for the construction of an improved entrance design for the Shinohara Business Center, and because the subject segment of Shinohara Lane is unnecessary for present or future public use as a street; and WHEREAS, per CVMC section 12.40.010, City staff published notice of the public hearing, scheduled for January 23, 2024, at 5:00 p.m. in the City Council Chambers, to consider the proposed street vacation; and WHEREAS, in the interests of the City and consistent with conditions of approval for the Shinohara Business Center, also as part of the proposed action, the property owner has presented the City with a new easement for the ultimate road design of a hammerhead at 517 Shinohara Lane consistent with City fire safety regulations and standards; and DocuSign Envelope ID: 489C1703-D5DA-4EBD-8031-126C36AB8190 Resolution No. 2024-018 Page No. 2 WHEREAS, staff recommends approving the street vacation for the portion of Shinohara Lane and accepting the grant of an easement for a new street segment to allow a hammerhead design for emergency vehicle turnaround; and WHEREAS, the City Council reviewed and considered the Staff Report and related materials on this matter; and WHEREAS, per CVMC section 12.40.010, the City Council duly held a public hearing, on January 23, 2024, at 5:00 p.m. in the City Council Chambers to consider the proposed street vacation and acceptance of the grant of the new easement and to hear the evidence offered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that: 1. After conducting the public hearing and considering the evidence, the City Council finds that certain portion of Shinohara Lane, specifically described and shown in Exhibit "A" attached hereto and by reference made a part hereof, is unnecessary for present or prospective public street purposes. 2. That from and after recordation of this Resolution, that certain portion of Shinohara Lane described herein is summarily vacated. 3. The City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the Office of the County Recorder in which the property is located. 4. Upon recordation of this Resolution, the vacation shall be complete. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Manager or designee to accept the new easement for a portion of Shinohara Lane as discussed herein and as included in Attachment 2 to the Staff Report on this matter. [SIGNATURES ON THE FOLLOWING PAGE] f DocuSign Envelope ID: 489C1703-D5DA-4EBD-8031-126C36AB8190 Presented by DocuSigned by: (Owa' 6. 64& 68970191600C4C4... Laura C. Black. AICP Director of Development Services Resolution No. 2024-018 Page No. 3 Approved as to form by DocuSigned by: �&f 40, .5 eta EFB949DC9B5747E... Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January 2024 by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmernbers: None DocuSigned by: pppt 7804FC'9-4R0 QR473 John McCann, Mayor ATTEST: DocuSigned by: y�� olR gn7anj naFaF3d?F 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. 2024-018 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of January 2024. Executed this 23rd day of January 2024. DocuSigned by: m74nin4FAF!�4?F Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 489C1703-D5DA-4EBD-8031-126C36AB8190 EXHIBIT "'A" PUBLIC STREET VACATION LEGAL DESCRIPTION . ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA., MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 1 IN SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST SAN BERNARDINO MERIDIAN., DESCRIBED AS FOLLOWS: ALL OF THE LAND DESCRIBED AS AN EASEMENT FOR STREET PURPOSES IN THE DEED RECORDED APRIL 20, 1992, DOCUMENT NUMBER 1992-0228267.. OFFICIAL RECORDS OF SAN DIEGO COUNTY. JF CASEY R. LYPAA, PLS 8380 DATE 44j ZL- to "[CASEY R. LYNCH CH il No. 8,380 O 0-3 y\EXP, 12/31/2 FO DocuSign Envelope ID: 489C1703-D5DA-4EBD-8031-126C36AB8190 "EXHIBIT B" 0 _-( ROS 8747 � J POR. rte - SEC. 9 T18S RI W SBM ROS 8526 LEGEND ------------------ - ------ PROPERTY LINE RIGHT OF WAY LOT LINE Plat of Survey: VACATION OF PUBLIC RIGHT OF WAY PARCEL I PM 14521 SHINOHARA LANE )'WIDE PUBLIC RIGHT OF WAY) DEDICATED PER DOC. NO. 86-459557 REC. 10-13-1986 PARCEL 2 PM 14521 39 15 0 310 SCALE: 1 "=30' Z5NINUMAKA LAIN f= RANCHO LAND COMPANY 40616TH STREET, SUITE 102 RAMONA CA, 92065 (760)788-1530 CASEY C) CASEY R. LYNCH', ry No. 8380 ) 1 C) c'- EXP, 12/31/23/(11 z 0 L YNCH LS 8380 DA TE