HomeMy WebLinkAboutReso 2005-143
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DOC # 2005-0471 038
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GFIE'"OR\ J. SMITH. COUNT, RECCiRDEF:
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Govt. Code 27361.6
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Govt, Code 27324
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Govt, Code 27361 ,6
(Additional recording ree applies)
RESOLUTION NO. 2005-143
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
PUBLIC STREET EASEMENTS FOR AUTO PARK DRIVE
AND EASEMENT FOR PARKING AND EMERGENCY
ACCESS WITHIN THE AUTO DEALERSHIPS LOCATED
EAST OF 1-805 AND SOUTH OF MAIN STREET
WHEREAS, the City of Chula Vista is considering the sunnnary vacation of Auto Park
Drive and easement for parking and emergency access within the auto dealerships located east of
I-80S and south of Main Street; and
WHEREAS, the aforementioned Auto Park Drive and easement for parking and
emergency access is no longer needed for public purposes; and
WHEREAS, in accordance with Section 7050 of the California Government Code and
Chapter 4, Section 8334 (b) of the California Streets and Highways Code, the public street
easements for Auto Park Drive may be sunnnarily vacated since they lie within property under
one ownership that does not continue through such ownership or end touching property of
another; and
WHEREAS, in accordance with Section 7050 of the California Government Code and
Chapter 4, Section 8333 (a) of the California Streets and Highways Code, the easement for
parking and emergency access may be summarily vacated because the easement has not been
used for the purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation; and
WHEREAS, in order to vacate, Council must adopt a resolution ordering the summary
vacation of the public street easements for Auto Park Drive and the easement for parking and
emergency access.
NOW, THEREFORE, BE IT RESOLVED that after considering the evidence submitted,
the City Council finds that the public street easements for Auto Park Drive more particularly
described in Recorded Document Nos. 1995-0152161, 1995-0177682 and 1995-0177686 and the
easement for parking and emergency access more particularly described in Parcel Map No.
17197, all located east of 1-805 and south of Main Street (see Exhibit A), is unnecessary for
present or prospective public use as a public street or for parking and emergency access,
reserving there trom other public uses for the benefit of San Diego Gas and Electric including
but not limited to public utilities as exist today.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby order the sunnnary vacation of the public street easements for Auto Park Drive and the
easement for parking and emergency access located east of I-80S and south of Main Street
(Exhibit A).
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified
copy of the resolution of vacation, attested to by the City Clerk under seal, to be recorded
without acknowledgement, certificate of acknowledgement, or further proof in the office of the
recorder of the cotmty in ..vhich the property is located. Upon such recordation, the vacation
shall be complete.
Resolution 2005-143
Page 2
Presented by
Approved as to form by
~~~
"$ohaib AI-Agha
City Engineer
G-- ~~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 10th day of May, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
iL-dm~;;; ~
ATTEST:
~LL/!A- ~~~
Susan Bigelow, MMC, City CI k
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. 2005-143 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of May, 2005.
Executed this 10th day of May, 2005.
---.,.'
-.~)...{ ILL ~~' a .w----J
Susan Bigelow, MMC, City Cler
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