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DOC # 2005-0051 592
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JAN 20, 2005 12:10 PM
OFFICIAL RECORDS
SAN DIEGO COUNT'! RECORDER'S OFFICE
GREGOR,' J. SMITH, COUNW RECORDER
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RESOLUTION NO. 2004-416
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF THE
PEDESTRIAN EASEMENT LOCATED WITHIN 624
MARIPOSA CIRCLE (APN: 639-682-31-00)
WHEREAS, the City of Chula Vista is considering the vacation of a six-foot wide
pedestrian easement located within 624 Mariposa Circle (APN: 639-682-31-00), which was
granted as part of the Locdel Estates subdivision in 1972; and
WHEREAS, the purpose of the easement was to enable pedestrian access from Mariposa
Circle to East Naples Street, and then on to Greg Rogers Elementary School; and
WHEREAS, the aforementioned pedestrian easement does not provide access to a Naples
Street as originally intended because another easement, which would have extended the
easement across an adjacent property (505 East Naples Street), was never pursued by the City;
and
WHEREAS, the lack of an extending easement results in the termination of the existing
pedestrian easement at the southern property boundary of 624 Mariposa Circle; and
WHEREAS, nearby residents and the owner of 505 East Naples Street (a church) have
complained of vandalism, trespassing and littering on a continuous basis; and
WHEREAS, City staff is concerned about the safety of students at Greg Rogers
Elementary- who use the pedestrian easement because its mid-block location encourages
trespassing on the church's property and jaywalking across East Naples Street; and
WHEREAS, in accordance with Part 3, Chapter 3 of the California Streets and Highways
Code (general vacation of a public service easement), the City Council, on November 9, 2004,
Council adopted the Resolution of Intention No. 2004-354 setting a public hearing for December
14,2004 at 6:00 p,m. in the City Council Chambers to consider the vacation of the pedestrian
easement.
NOW, THEREFORE, BE IT RESOLVED that after conducting the public hearing and
considering the evidence submitted, the City Council finds that the six-foot wide pedestrian
easement located within 624 Mariposa Circle (APN 639-682-31-00), more particularly described
in Map 7333, Locdel Estates Unit No.2, is unnecessary for present or prospective public use.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista, in
accordance with the finding made above, does hereby order the vacation of the six-foot wide
pedestrian easement.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified
copy of the Resolution of Vacation, attested by the Clerk under seal, to be recorded without
acknowledgement, certificate of acknowledgement, or further proof, in the office of the County
Recorder.
Resolution 2004-416
Page 2
Presented by
Approved as to form by
J",k~ ~ EM~
Gene Se ices Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of December, 2004, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
~lJ6....í~~
Susan Bigelow, MMC, City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2004-416 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of December, 2004,
Executed this 14th day of December, 2004,
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Susan Bigelow, MMC, City C erk