HomeMy WebLinkAboutReso 2008-015
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City ofChu]a Vista
276 F oorth A venue
Chula Vista, CA 91910
Attn: E. Briggs
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DOC # 2009-0031757
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JAN 23, 2009 8:58 AM
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PAGES: 5
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This spacefor Recorder's use only
Resolution No. 2008-015
Document Title
RESOLUTION NO. 2008- 015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
ALL OF THE AREA OF THAT EASEMENT FOR SLOPE
RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN
LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT
WAS GRANTED PURSUANT TO THE GRANT OF
EASEMENT FOR COUNTY HIGHWAY
WHEREAS, San Miguel Partners granted to the County of San Diego an Easement for
County Highway, per Document 1991-0015563 recorded January 11, 1991, to facilitate the
grading and construction of Mount Miguel Road; and
WHEREAS, the Easement for County Highway included the privilege and right to extend
drainage structures and embankment slopes beyond the limits of the right-of-way described in
the Easement for County Highway (Easement for Slope Rights and Drainage Purposes); and
WHEREAS, an area including the Easement for Slope Rights and Drainage Purposes was
annexed by the City of Chula Vista as part of the San Miguel Ranch Reorganization on
December 22, 2000; and
WHEREAS, an area including the Easement for Slope Rights and Drainage Purposes has
been re-mapped by the San Miguel Ranch Phases 1,2, & 4 "A" Map No. 14261 on August 21,
2001; and
WHEREAS, the development associated with this Map included the grading of the area
along and around Mount Miguel Road, including the area of the Easement for Slope Rights and
Drainage Purposes, which altered the topography and caused a change in the shape and location
of the slope and altered the drainage; and
WHEREAS, because of the change in the slope and alteration of the drainage on the
parcel, the Easement for Slope Rights and Drainage Purposes is no longer needed for public use;
and
WHEREAS, there are no public drainage facilities located within the Easement for Slope
Rights and Drainage Purposes; and
WHEREAS, maintenance responsibility for the area covered by the Easement for Slope
Rights and Drainage Purposes is the responsibility of the Homeowners Association of Lot 10 of
Map No. 14261, pursuant to the Deed of Master Association Property Easements and Easement
Agreement recorded on September 13, 2002; and
WHEREAS, pursuant to California Streets and Highways Code Section 8333 (a), the
legislative body of a local agency may summarily vacate a public service easement if the
Resolution No. 2008-015
Page 2
easement has not been used for the purpose for wlrich it was dedicated or acquired for five
consecutive years immediately preceding the proposed vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
I.
2.
3.
Presented by
That, after considering the evidence submitted, it finds that the Easement for
Slope Rights and Drainage Purposes located within Lot 10 of Map No. 14261
has not been used for the purpose for which it was acquired for five
consecutive years and that there are no in-place public utility facilities that are
in use and would be affected by the vacation.
That it orders the summary vacation of the Easement for Slope Rights and
Drainage Purposes located within Lot 10 of Map No, 14261 within a portion
of San Miguel Ranch, described and depicted in the attached Exhibit "A".
That it directs the City Clerk 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 County Recorder. Upon such recordation, the vacation shall be
complete.
Approved as to form by
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Directo Engmeenng and General ServIces
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Ann Moore
City Attorney
Resolution No. 2008-015
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of January 2008 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
GL I')
Cheryl ~ ~
ATTEST:
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Donna R. Norris, CMC: Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2008-015 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 15th day of January 2008.
Executed this 15th day of January 2008.
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Donna R. Norris, CMC, Interim City Clerk