HomeMy WebLinkAboutReso 2004-011
RESOLUTION NO. 2004-011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A NO-BUILD EASEMENT ON A
PORTION OF THE OXFORD STREET PARK SITE
ASSOCIATED WITH THE CONSTRUCTION OF BROADWAY
PLAZA
WHEREAS, on January 28, 2003 City Council approved the purchase of a 5.21 acre lot
located on Oxford Street between Broadway and the trolley right-of-way. General Services staff
are currently in the process of designing a park for this site which is adjacent to the Broadway
Plaza redevelopment site.
WHEREAS, as part of the Broadway Plaza redevelopment the loading bay of the
proposed Walmart Building is too close to the property line to comply with the building code
requirement for a 6O-foot no-build easement between it and the property line.
WHEREAS, the developer of the Broadway Plaza site requested that the City allow the
imposition of a 20-foot wide by 122-foot long no-build easement on the adjacent City park site to
meet this requirement.
WHEREAS, at the same time, City staff identified that the park site had no access to it
from Naples Street to the north and requested that the Broadway Plaza development provide an
access easement for pedestrians to walk through the development to access the park. The
recommended minimum width of this easement is 20 feet.
WHEREAS, staff recommends granting the easement over a portion of the park since, in
this case, the City will receive land in the form of the access easement over the Broadway Plaza
site that will compensate for the loss of the use of land associated with the creation of the
no-build easement.
WHEREAS, the current proposal is that the improvements in the public access easement
granted to the City by the Broadway Plaza developer shall be installed, to City standards, by the
developer and maintained by the City to keep the appearance consistent with the park.
WHEREAS, the easement granted by the City will only be recorded upon
contemporaneous recordation of the map containing the grant of easement by the developer for
park access.
NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Chula Vista
hereby approves a grant of easement on a portion of the Oxford Street park site, associated with
the construction of Broadway Plaza, a copy of which shall be kept on file in the City Clerk's
office.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute the grant of easement on behalf of the City.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record the
no-build easement only after a final parcel map is recorded which contains an access easement
from Naples Street to the park on Oxford Street.
Resolution 2004-011
Page 2
Presented by
Approved as to form
c~~
Añn Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of January, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
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ATTEST:
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Susan Bigelow, CMC, City C k
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITYOFCHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2004-011 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of January, 2004.
Executed this 13th day of January, 2004.
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Susan Bigelow, CMC, City erk