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HomeMy WebLinkAboutReso 2026-0886116126, 3:59 PM Batch 21326977 Confirmation Dccusign Enveiope ID: F21A6DE9-EE60-8ABB-8125-F8C52C76D6AG DOC# 2026-0173246 IIIIF I IIIII IIIII 1111I I[II IIIIII IIIII i]11I I111111111 [III IIIII I1111III RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Fee Exempt -Gov't Code 6103 Jun 16, 2026 02:53 PM OFFICIAL RECORDS ,JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 ($62 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE RESOLUTION NO. 2026-088 https:l/gs.secure-erds. com/Batch/Confirmation/21326977 112 Docusign Envelope ID: F21A6DE9-EE6o-8A6B-8425-F8C52C76D6AC RESOLUTION NO. 2026-088 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO VACATE PORTION OF A STORM DRAIN EASEMENT WITHIN PARCEL 8 OF PARCEL MAP NO. 19543 WHEREAS, the property owner of 1190 Broadway (Parcel 8 of Parcel Map No. 19543) has requested the vacation of a portion of a 15 -foot wide relocated storm drain easement that dissects its property ("Vacation Easement Area") and has offered in its place another replacement storm drain easement to the City that will be located close to the property line allowing the property owner to have better use of their land; and WHEREAS, the California Government Code Section 7050 authorizes a city to summarily vacate a public service or utility easement by resolution of the legislative body when the easement area has been relocated, and no present or prospective public use will be impaired. California Streets and Highways Code Section 8333(c) further allows a city council to summarily vacate a public service or utility easement without a public hearing when the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public utility facilities located within the easement; and WHEREAS, the Streets and Highways Code Section 8335 provides that, when a public service or utility easement vacation qualifies under Section 8333, the vacation may be completed by adoption of a resolution of vacation and recordation of a certified copy of the resolution with the County Recorder; and WHEREAS, City staff recommends vacating the remaining portion of the portion of a 15 - foot wide storm drain easement that dissects its property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543; and WHEREAS, in accordance with California Streets and Highways Code Section 8335 of the California Streets and Highways Code, the summary vacation of the remaining portion of the portion of a 15 -foot wide relocated storm drain easement that dissects its property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543, as depicted by Exhibit "A" and Exhibit "B" attached hereto and by reference made a part hereof, may be performed through adoption of a resolution ordering said summary vacation; and WHEREAS, the City Council has reviewed the proposed activity for compliance with the California Environmental Quality Act ("CEQA") and has determined that the activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, if the activity is deemed to be a "Project", then it qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no further environmental review is necessary; and Docusign Envelope ID: F21A6DE9-EE60-8A6B-8125-F8C52C76D6AC Resolution No. 2026-088 Page No. 2 WHEREAS, the City Council reviewed and considered the Staff Report and related materials on this matter; and WHEREAS, consistent with applicable law, the City Council duly held a duly noticed public meeting on May 19, 2026, at 5:00 p.m. in the City Council Chambers, to consider the proposed vacation this the remaining portion of the portion of a 15 -foot wide relocated storm drain easement that dissects its property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, finds, determines and orders that: 1. The Recitals stated in this Resolution above are incorporated fully by reference into these findings and actions. After conducting the public meeting and considering the materials on this matter, the City Council finds under California Streets and Highways Code Sections 8333 and 8335 that. the certain remaining portion of the portion of a 15 -foot wide storm drain easement that dissects the subject property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543, as specifically described in Exhibit "A" and shown or depicted in Exhibit "B" attached hereto and by reference made a part of this Resolution (a) has been superseded by relocation with a replacement public utility easement granted to the City on the subject property, or determined to be excess by the City, and (b) there are no other public utility facilities located within the easement area to be vacated. That from and after recordation of this Resolution, that certain remaining portion of the portion of a 15 -foot wide relocated storm drain easement that dissects the subject property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543, as specifically described in Exhibit "A" and shown or depicted in Exhibit "B" attached hereto and by reference made a part of this Resolution, is summarily vacated under Streets and Highways Code Sections 8333 and 8335, and shall not constitute a public service or utility easement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the City Clerk is hereby directed to cause a certified copy of this Resolution of vacation, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of San Diego County. Upon recordation of the Resolution, the public service or utility easement vacation is deemed complete. Docusfgn Envelope ID: F21ASDEB-EE64-8A66-8125-F8C52C7606AC Resolution No. 2026-088 Page No. 3 Presented by Approved as to form by Signed by: Signed by. Sq#-iV ��la1&CO Q, V V'J.UI�d sea aRasraSj Roy Sapa'u Marco A. Verdugo Deputy City Manager/Director of Development City Attorney Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of May 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None OocuBipn�d by: 78O1EC239Q4T John McCann, Mayor ATTEST: dacusigned by: 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. 2026-088 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of May 2026. Executed this 19th day of May 2026. oocusigned byJt4 074D104EAF34E KerryK. Bigelow, MMC, City Clerk Docusign Envelope IC: F21A6DE9-EE60-8A6B-8125-FBC52C76D6AC EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN 15.00 FOOT WIDE STORM DRAIN EASEMENT DEDICATED TO AND ACCEPTED BY THE CITY OF CHULA VISTA ON PARCEL MAP NO. 19543, ACCORDING TO THE MAP THEREOF ON FILE ON THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN PARCEL 8 OF SAID PARCEL MAP NO. 19543, MORE PAR77CULARL Y DESCRIBED AS FOLLOWS.• BE(�1►NNING A T THE NORTHEAST CORNER OF SAID PARCEL, THENCE, ALONG THE EAST PARCEL LINE OF SAID PARCEL, SOUTH 1753'37" EAST, 48.36 FEET TO THE INTERSECTION OF SAID EAST PARCEL LINE WITH THE NORTHWESTERLY LINE OF SAID EASEMENT 1RIE POWT QF 6EGWINIihYG, THENCE LEAVING SAID EAST PARCEL LINE AND ALONG SAID NORTHWESTERLY EASEMENT LINE, SOUTH 6338'34" WEST, 796.89 FEET TO THE WEST LINE OF SAID PARCEL; THENCE LEA V1NG SAID NORTHWESTERLY EASEMENT LINE AND ALONG SAID WEST PARCEL LINE, SOUTH 00'5136" EAST, 16.62 FEET TO THE INTERSECTION OF SAID WEST PARCEL LINE WITH THE SOUTHEASTERLY LINE OF SAID EASEMENT; THENCE LEA ViNG SAID WEST PARCEL LINE AND ALONG SAID SOUTHEASTERLY EASEMENT LINE, NORTH 6338'34" EAST, 201.87 FEET TO THE INTERSECTION OF SAID SOU THEASTERL Y EASEMENT AND THE EAST LINE OF SAID PARCEL; THENCE LEAVING SAID SOUTHEASTERLY EASEMENT LINE AND ALONG SAID EAST PARCEL LINE, NORTH 1753'37" WEST, 15.17 FEET TO THE 1RUJE POW OF 6�GINN9�VG. THE ABOVE DESCRIBED AREA CONTAINS 2.991 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT B" A TTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPT7ON WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE NTH THE PROFESSIONAL LAND SURVEYORS ACT ti� GAND SUS •XM;777�02 20 2025 JAKE W. LAPPERT r DA TE PLS 9303 s, LS 9303 �Q 9 Q= OF C SHEET 1 OF 2 EXHIBIT 'A" 160 S. Old Springs Rand LEGAL DESCRIPTION Engineering, Inc. Suite 210 CITY OF CHULA VISTA, CALIFORNIA(1Ar 4) 6m Hills, CO 92848 Civil Engineering/Land 5urveyingJLand Planning {714] 686-6860 Docusfgn Envelope ID: F21A6DE9-EE6Q-8A60-8125-F8C52C76D6AC EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" NI PARCEL 7 P.Q.B. � I a � I1 51' PARCEL 2 ' EXISTING EASEMENT TO BE QUI rCLAIMED ti AREA = 2,991 SQ FT t Ll T.P. 0 B. so ry s63 38'34 W 796.89 y 15.17' p 201.81 ]' N633834E iiPARCEL 8 ❑I � Q PARCEL MAP NO. 19543 � WQ a �,o z 5,' ca _ _ OXFORD_STREET _ _ LEGEND EASEMENT TO BE QUITCLAIMED 1V RICH T OF— WA Y LINE f] — — UNDERL PING L 0T LINE f CENTERLINE SCALE: 1 "=40' ------- EASEMENT TO REMAIN SHEET 2 OF 2 t EXHIBIT "B" AMCEngineering,e 160 S. Old Springs Road PLAT En ineerin Inc. a 110 CITY OF CHULA fr1STA, CALIFORNIA Civil Engineering/Land Surveying/Land Planning Anaheim Hills, CA 92808 (114) 685-6860