HomeMy WebLinkAbout1991/06/18 Item 18
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/18/91
Resolution \~ ordering the summary vacation of sewer easement in
Weatherstone South, Units No.2 & 3
SUBMITTED BY: Director of Public wor~ ~
REVIEWED BY: City Manager9~ 4/5 Vote: Yes_NoX
When Weatherstone South, Units No.2 and 3, subdivisions were developed in 1965, the sewer
main in the area was replaced by a main in Willowcrest Drive right-of-way (see Exhibit UAU).
Once the work was complete, the old easement containing the abandoned sewer main was never
vacated. The City is now initiating that vacation.
ITEM TITLE:
RECOMMENDATION: That Council adopt the subject resolution and direct the City Clerk
to forward it to the County for recordation.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1961, when Halecrest Elementary School was built, in order to serve it with sewer, a main
was extended from Floyd Avenue to the school site (see Exhibit UAU). The alignment of the
sewer followed a path that was to be a future, dedicated street (Millan Street). After the main
was constructed, the intended street pattern was changed. The proposed Millan Street alignment
was scrapped and Willowcrest Drive and Berland Way were created by Weatherstone South,
Units 2 and 3.
The sewer main for those new subdivisions was built within the Willowcrest Drive right-of-way
and the old sewer was abandoned. The vacation of the easement for the abandoned main was
overlooked and still shows on the title reports for the properties on which it is located. One of
the affected property owners brought this to staffs attention recently.
Since this is a summary vacation, there is no associated public hearing required. However,
letters were sent by this department to all affected property owners requesting any
comments/objections they may have. There were no responses to our letter
There are no other utilities in the easement, so no easement reservations are necessary.
Section 8333 (c) of the Streets and Highways Code states that the Council may vacate a public
utility easement if the easement has been superseded by the relocation of the facilities and there
are no other public facilities in the easement.
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Page 2, Item
Meeting Date 6/18/91
The following properties are affected:
Address
A.P.N.
447 Berland Way
639-620-05-00
446 Willowcrest Drive
639-600-01-00
448 Willowcrest Drive
639-600-02-00
450 Willowcrest Drive
639-600-03-00
452 Willowcrest Drive
639-600-04-00
In accordance with Subsection 8335 of the California Streets and Highways Code, the resolution
ordering the summary vacation must state all of the following:
1. That the vacation is made under Chapter 4 of the Streets and Highways Code;
2. The name or other designation of the easement and a precise description of the
portion vacated. (See Exhibit "B", attached.)
3. The facts under which the summary vacation is made.
4. That from and after the date the resolution is recorded, the easement vacated no
longer constitutes an easement.
FISCAL IMPACT: None.
JWH/PV -04 7. A 13
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
SEWER EASEMENT IN WEATHERSTONE SOUTH, UNITS
NO. 2 AND 3
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, when Weatherstone South Units No.
Subdivision was developed in 1965, the sewer main in the
replaced by a main in Willowcrest Drive right-of-way; and
2 and 3
area was
WHEREAS, once the work was complete, the old easemen t
containing the abandoned sewer main was never vacated and the
City is now initiating that vacation; and
WHEREAS, Section 8333(c) of the Streets and Highways
Code states that the Council may vacate a public utility easement
if the easement has been superseded by the relocation of the
facilities and there are no other public facilities in the
easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista, under its authority pursuant to Chapter
4 of Part 3 of the California Streets and Highways Code and
specifically Section 8333, does hereby order the summary vacation
of a sewer easement in weathers tone south, Units No. 2 and 3,
more precisely described in Exhibits A and B, attached hereto and
incorporated herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that
directed to record this resolution and
its recordation, the sewer easement
public service easement.
the City Clerk is hereby
from and after the date of
no longer constitutes a
Presented by
form by
John P. Lippitt, Director of
Public Works
8965a
Bruce M. Boogaar , City Attorney
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FILE NO.
DATE: 6 -6 -91 ..
J/4c.4 noN' OF SEWEZ
EAS6M€^-,T IN' !</EATJ./EIZSTO!./!; EXHIBIT "A"
SOUTH NITS
DWN BY:
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EXHIBIT "B"
LEGAL DESCRIPTION FOR
SEWER EASEMENT VACATION IN
WEA THERSTONE SOUTH, UNITS 2 & 3
In the City of Chula Vista, those portions of a ten-foot-wide sewer easement granted to the City
of Chula Vista by deed recorded in the office of the Recorder of San Diego County, State of
California, on June 26,1961, File No. 108872, Series 2, Book 1961 of Official Records, said
portions lying within Lot No. 81 of Weatherstone South, Unit No.3, Subdivision according to
Map thereof No. 5629, recorded in the office of said County Recorder on September 30, 1965,
and Lots Numbered 47, 48, 49 and 50 of Weatherstone South, Unit No.2, Subdivision
according to Map thereof No. 5560, reorded in the office of said County Recorder on May 16,
1965.
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