HomeMy WebLinkAboutReso 2008-053
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Recording requested
by:
City of Chu!a Vista
After recording return
to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 919 I 0
DOC # 2009-0467825
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RESOLUTION NO. 2008-053
Documellt Title
RESOLUTION NO. 2008-053
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
AN EASEMENT FOR SEWER PURPOSES LOCATED WITHIN
LOTS 5 AND 6 OF MAP NO. 15566 OF SYCAMORE ESTATES
AND PARCEL 4 OF PARCEL MAP 20356 THAT WAS
GRANTED PER DOCUMENT RECORDED APRIL 22, 1966 AS
FILE NO. 67889 OF OFFICIAL RECORDS
WHEREAS, an Easement for Sewer Purposes was granted to Montgomery Sanitation
District per document recorded April 22, 1966, as File No. 67889 of Official Records (Old
Easement); and
WHEREAS, an area including the Easement for Sewer Purposes was annexed by the City
ofChula Vista as part of the Montgomery Reorganization on December 30, 1985; and
WHEREAS, on June 19, 2007, a new subdivision map was recorded, Final Map No.
15566, creating 10 residential lots and a remainder parcel; and
WHEREAS, Final Map No. 15566 required the realignment and relocation of the old
easement and existing sewer line and granted a new utility easement for the realignment thereof;
and
WHEREAS, pursuant to California Streets and Highways Code section 8333 (c), the
legislative body of a local agency may summarily vacate a public service easement when the
easement has been superseded by relocation and there are no other public facilities located within
the easement; and
WHEREAS, since the date of the recording of Final Map No. 15566, the sewer line has
been relocated into its new alignment; and
WHEREAS, there are no longer any public facilities located in the old easement.
NOW, THEREFORE, BE IT RESOLVED that by the City Council of the City of Chula
Vista as follows:
1. That, after considering the evidence submitted, it finds that the Sewer Easement located
within Lots 5 and 6 of Map 15566 and Parcel 4 of Parcel Map No.20356, has been
superseded by relocation and that there are no in-place public utility facilities that are in
use and would be affected by the vacation.
2. That it orders the summary vacation of the Sewer Easement located within Lots 5 and 6
of Map 15566 and Parcel 4 of Parcel Map No.20356, described, and depicted in the
attached Exhibit A.
Resolution No. 2008-053
Page 2
3. 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.
Presented by
Approved as to form by
neering and General Services
~~
Ann Moore "
City Attorney
ASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of February 2008 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Ch~
ATTEST:
JAAM. ;/ ~~
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. 2008-053 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 12th day of February 2008.
Executed this 12th day of February 2008.
J~/ ~ A0~
Donna R. Norris, MC-Interim City Clerk
EXHIBIT A
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fO'o. EASElJENT TO 1I0NTGOlIffiY SANITAnDN DISTRICT RECORDED APRIL 22,
-& '966 AS FILE NO. 67889 OF OmCVlL RECORDS.