HomeMy WebLinkAboutReso 2005-3122006-0479852
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Recording requested
by:
City of Chula Vista
DOC# 2006-0479850
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After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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RESOLUTION NO. 2005-312
Document Tith
RESOLUTION NO. 2005-312
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A
PEDESTRIAN ACCESS EASEMENT CONNECTING EAST
RIENSTRA STREET AND THE APOLLO II CONDOMINIUM
COMPLEX
WHEREAS, the City of Chula Vista is considering vacating a Pedestrian Access
Easement (Easement) connecting East Rienstra Street and the Apollo II Condominium Complex;
and
WHEREAS, the City has received correspondence from the Board of Directors of the
Apollo II Homeowners Association and from the owner of 274 East Rienstra, properties that said
Easement crosses, both requesting that the City consider vacating this Easement; and
WHEREAS, as reflected more fully in the agenda statement for this item and in the
testimony at the public hearing, the area in proximity to the Easement has been the subject of
police reports regarding criminal activity, including reports of graffiti; and
WHEREAS, residents in the Apollo II Condominium Complex will continue to have
pedestrian access to East Reinstra Street via Melrose A venue; and
WHEREAS, in accordance with Part 3, Chapter 3 of the California Streets and Highways
Code, Council must hold a public hearing in order to consider the vacation ofthe Easement; and
WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation of
this easement; and
WHEREAS, on August 9, 2005, Council adopted the Resolution of Intention No. 2005-
276 setting a public hearing for September 13, 2005 at 6:00 p.m. in the Council Chambers to
consider the vacation of the easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after conducting the
public hearing and considering the evidence submitted, finds that the Pedestrian Access
Easement connecting East Rienstra Street and The Apollo II Condominium Complex, as
dedicated to the City of Chula Vista on Map 6920, Apollo Unit Number II, recorded on May 4,
1971 and on Map No. 6850 Apollo Unit Number I, recorded on February 22, 1971 is
unnecessary for present or prospective public use, reserving therefrom an existing easement for
drainage purposes over a portion of the Pedestrian Access Easement dedicated to the City on said
Map No. 6850, and also reserving therefrom any existing easements for any utility purposes.
BE IT FURTHER RESOLVED that the vacation shall not be effective until the City
Engineer makes a written finding that the pedestrian walkway and stairs have been demolished.
Resolution No. 2005-312
Page 2
BE IT FURTHER RESOLVED that following the City Engineer's written finding that
demolition work is complete, 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
acknowledgement, certificate of acknowledgement, or further proof in the Office of the Recorder
of the county in which the property is located. Upon such recordation, the vacation shall be
effective.
Presented by
Approved as to form by
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Sohaib AI-Agha
City Engineer
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
M~i2~
Stephen C. Padilla, Mayor
ATTEST:
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Susan Bigelow, MMC, City C 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. 2005-312 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the] 3th day of September, 2005.
Executed this 13th day of September, 2005.
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Susan Bigelow, MMC, City C erk
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