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HomeMy WebLinkAboutReso 1982-10928 RESOLUTION NO. 10928 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATING A PORTION OF THE GENERAL ACCESS AND UTILITY EASEMENT IN LOT 1 OF MELROSE VILLAS SUBDIVISION UNDER THE STREET VACATION ACT OF 1941 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Section 8333 of the Streets and Highways Code authorizes the summary vacation of public service easements if the date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation and the easement was not used continuously since that date, and WHEREAS, Section 8335 of the Streets and Highways Code authorizes the summary vacation of streets, highways and public service easements provided that the legislative body makes findings in accordance with the requirements of said section, and WHEREAS, the dedication for utilities and general access in Lot 1 of Melrose Villas Subdivision are now proposed for vacation pursuant to the requirements of the Street Vacation Act of 1941 based upon the following findings: 1. The public service easements were dedicated in 1979 less than five years and more than one year from this proposed vacation and said easement has not been used for any purpose since that time. 2. The general access dedication is no longer needed by the County Housing Authority for development of the property with rental units and the building locations will conflict with existing easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the public service easement and the general access easement be, and the same are hereby summarily vacated in accordance with the requirements of Article 2 of Chapter 4, Sections 8333 and 8335 of the Streets and Highways Code. BE IT FURTHER RESOLVED that the general access and public service easements to be vacated are more particularly described in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. -1- BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record a certified copy of this resolution in the office of the San Diego County Recorder and that said street, highway or public service easement vacated herein no longer constitutes a street, highway or public service easement. Presented by , :<-tr City Approved as to f:~ /~~ . George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th 19 82, by the following vote, to-wit: day of July AYES: Councilmen Moore, McCandliss, Cox, Malcolm NAYES; Councilmen None ABSTAIN: Coll'lcilmen None ABSENT: Councilmen Scott ATT~.S [JnC/J~"?Jl~/44fC / City lerk la Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 55. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10928 ,and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 LEGAL DESCRIPTION All those portions of the General Utility, Drainage and Access Easement in Lot 1, of Melrose Villas Subdivision, in the City of Chu1a Vista, County of San Diego, State of California, according to Map thereof No. 9402, recorded on October 5, 1979, in the Office of the County Recorder of said County, File No. 79-417553, more particularly described as follows: Parce 1 1 Beginning at the most northeasterly corner of said Lot 1, also being a point on the westerly right-of-way line of Melrose Avenue as shown on said Map No. 9402, said point being on an arc of a curve concave easterly whose center bears S75043'0911E and having a radius of 780.00 feet; thence southerly along said arc through a central angle of 1044'3311 a distance of 23.72 feet; thence westerly on a radial line N77027142I1W, 5.50 feet to a point on a curve parallel to and 5.50 feet distant westerly from said right-of-way line of Melrose Avenue, also being the TRUE POINT OF BEGINNING; thence southerly along said curve through a central angle of 100111611 a distance of 14.00 feet to a point hereinafter referred to as IIPoint All; thence N78020'14"W, 112.96 feet; thence Nll03914611E, 14.00 feet thence S7802011411E, 113.05 feet to the TRUE POINT OF BEGINNING. Parcel contains 0.036 acres. Parce 1 2 Beginning at IIPoint All as described in the description for Parcell, also bei ng a poi nt on a curve concave easterly whose center bears S7802815811E and having a radius of 785.50 feet; thence southerly along said curve through a central angle of 1101815011 a distance of 155.11 feet to a nontangent line bearing S00011133"W; thence southerly along said line 34.00 feet to the TRUE POINT OF BEGINNING; thence cont i nui ng 500011' 33"W, 111. 00 feet to a poi nt on a nontangent curve concave easterly whose center bears S8904713911E and having a radius of 1035.5 feet; thence southerly along the arc of said curve through a central angle of 8031126" a distance of 154.05 feet; /f-/tJf;?Y r'.I.,.. ~.'I~.i '. ~T [i\~5~U; i &'A" thence S08020'16I1E, 20.59 feet; thence westerly S8901314811W, 147.33 feet; thence northerly NOo046'1211W, 24.00 feet; thence easterly N890l3'4811E, 114.49 feet to a poi nt of tangency with a curve concave northwesterly having a radius of 4.00 feet; thence along the arc of said curve through a central angle of 9201113011 a di stance of 6.44 feet to a poi nt of tangency with a curve concave westerly having a radius of 696.00 feet; thence northerly along said arc through a central angle of 2052'1811 a distance of 34.88 feet to a point of tangency with a curve concave easterly having a radius of 1059.00 feet; thence northerly along the arc of said curve through a central angle of 5012'5211 a distance of 96.38 feet; thence S89039'0611W, lO.OO feet; thence NOo02015411W, 10.00 feet; thence N89039'0611E, 10.00 feet to a point on a nontangent curve concave easterly whose center bears N8905511911E and having a radius of 1059.00 feet; thence northerly along the arc of said curve through a central angle of 001611411 a distance of 5.00 feet to a nontangent line bearing NOooll'3311E; thence northerly along said line 111.24 feet; thence easterly 589048'2711E, 23.50 feet to a TRUE POINT OF BEGINNING. Parcel 2 contain 0.224 acres. JWH:dl WPC 0014E f-/iJ?tR;I :.r. " , '-l -...J :'..... ~ c\) '\ . ..- ('\ \'-l... ~ :- \I) C:\ I -:-P08 ""'\; .t' -, \. i r\,~ -; c- --: ':< ' :-' ~--: l.:j ~ ~ ~.:!'~ - ~ "" ~l .. - ", h.. \) ~ '} ~ \.\l /~ I/:?4 ,<,eEL z~ CTAY DR AWN BY ----JJAJ.(___ PO/NT A I , J I I .i I:, ' 'J ~I ~I ~ NO SCALE. . . I . :.. ... ' V / C I N.I T Y M/:! /::J VALLC3Y ..eOAD DATE - - - ~:..7.3 :.13-Z__ If- /tJf!:7/ TIT L f f/ACA T/OA/ OF PORTIONS OF ACCESS .( UTILITY EA5EM'T$ IA! MELROSE f/!LL..j$ l.U. "' . \ \ . "- \':\ , . '.~~ , r~:" ,'"'\ '. -- . '. \., . ., - I G. ~; -..J! ~, ~: " .......... \. ... i... '< i....... ...-- ....... "- \j f1 \ .... '''-...J. ...., \: ~ ~ .... , ~ , I \ i \ \ \