HomeMy WebLinkAboutReso 2024-190Recording requested
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City of Chula Vista
After recording return
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City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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Gov't Code 6103
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RESOLUTION NO. 2024-190
RESOLUTION NO. 2024-190
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A PORTION
OF THE UNNAMED STREET/ALLEY OF THE ROSEBANK
SUBDIVISION, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA.
WHEREAS, a portion of an unnamed street/alley of the Rosebank Subdivision was
dedicated for public street purposes per Rosebank Subdivision Map 1304, filed in the Office of the
County Recorder of San Diego County on January 18, 1911; and
WHEREAS, a portion of the unnamed street/alley of the Rosebank Subdivision was closed
via Council Resolution No. 237, recorded July 7, 1952; and
WHEREAS, a subsequent portion of the unnamed street/alley of the Rosebank Subdivision
was vacated via Council Resolution No. 4237 on November 22, 1966; and
WHEREAS, said portion of unnamed street/alley of the Rosebank Subdivision to be
vacated is not and will not be needed for a public street or right-of-way; and
WHEREAS, on June 17, 2022, the owners of 130 First Avenue requested the vacation of
a portion of the unnamed street/alley of the Rosebank Subdivision; and
WHEREAS, in accordance with Section 7050 of the California Government Code and
Division 9, Part 3, Chapter 4, Sections 8333 through 8335 of the California Streets and Highways
Code, this type of summary vacation 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 under California Streets and Highways Code Section 8336; and
WHEREAS, this action will vacate said portion of unnamed street/alley of the Rosebank
Subdivision as described and depicted in Exhibits A and B attached hereto and made a part thereof;
and
WHEREAS, this proposed vacation action discussed in this resolution and the related staff
report qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations
in Land Use Limitations) of the California Environmental Quality Act Guidelines because the
activity consists of a minor transfer of vacated unused public street and right-of-way to an adjacent
real property owner, the area of land to be vacated has an average slope of less than twenty percent
(20%), and the vacation action will not change the land use or density of the affected area; 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 the unnamed street/alley of the Rosebank Subdivision because
the subject area and land is unnecessary for present or future public use as a street or right-of-way,
and the portion of the unnamed street/alley of the Rosebank Subdivision to be vacated does not
contain any public utility facilities that are in use and would be affected by the proposed vacation;
and
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Resolution No. 2024-190
Page No. 2
WHEREAS, per CVMC section 12.40.010, City staff published notice of the public
hearing, scheduled for October 1, 2024, at 5:00 p.m. in the City Council Chambers, to consider the
proposed unnamed street/alley vacation; and
WHEREAS, City Staff recommends approving the street vacation for this portion of the
unnamed street/alley of the Rosebank Subdivision for the reasons stated above; 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 October 1, 2024, at 5:00 p.m. in the City Council Chambers, to consider the proposed vacation
of a portion of the unnamed street/alley of the Rosebank Subdivision, and to hear the evidence
offered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds, determines, and orders that:
1. The Recitals stated in this Resolution above are incorporated by reference into these
findings.
2. After conducting the public hearing and considering the evidence, the City Council finds
under California Streets and Highways Code Sections 8333 and 8334 that certain portion
of the unnamed street/alley of the Rosebank Subdivision specifically described in Exhibit
“A” and shown or depicted in Exhibit “B” attached hereto and by reference made a part
hereof, (a) has not been used for the purposes for which it was dedicated for five (5)
consecutive years immediately before this vacation action by the City and (b) is
unnecessary for present or prospective public street or right-of-way purposes.
3. That from and after recordation of this Resolution, that certain portion of the unnamed
street/alley of the Rosebank Subdivision discussed herein is summarily vacated and shall
not constitute a public street or right-of-way.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the
City Clerk to cause a certified copy of this 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 of that certain
portion of the unnamed street/alley of the Rosebank Subdivision discussed herein is complete.
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Resolution No. 2024-190
Page No. 3
Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of October 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
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. 2024-190 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 1st day of October 2024.
Executed this 1st day of October 2024.
Kerry K. Bigelow, MMC, City Clerk
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SCALE: 1"=30'
BASIS Qf BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM OF 1983,
ZONE 6, (EPOCH 1991.35) ADJUSTED, GRID BEARING BETWEEN CITY OF CHULA VISTA HOR/ZONAL AND VERnCAL CONTROL STA noNS
'5005' AND '5006' PER THE CITY'S CONTROL REPORT SHEETS. SEE ROS 18846 & 14841
4564 ST. VAC. PLAT REVISED DA TE: 05/08/24
LEGEND
PROPERTY LINE
ORIGINAL R/W LINES
[½½@ VACA noN AREA 192.37 SQ.FT. (0.0044 ACRES)
( ) RECORD DATA PER DEED RECORDED JUNE 26, 1959 IN BK. 7738, PG. 544, 0.R.
P.O.C. POINT OF COMMENCEMENT
T.P.0.8. TRUE POINT OF BEGINNING
AL TA LAND SURVEYING, INC.CITY OF CHULA VISTA
9517 Grossmont Summit Dr.
La Mesa, CA 91 941
Phone/fax: (619) 713-2582
altalandsurveyi ng. co m
STREET VACATION
POR. OF UNNAMED STREET/ ALLEY OF ROSEBANK SUBDIVISION PER MAP 1304
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