HomeMy WebLinkAbout2009/07/21 Item 7
CITY COUNCIL
AGENDA STATEMENT
-"-If'"
::$ ~ CITY OF
.~~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
07/21/09, Iteml
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF A 33-FT WIDE ALLEY LOCATED BETWEEN
BLOCKS 17 AND 18 OF NIAP NO. 598 At'ID DIRECTING THE
CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH
THE COUNTY RECORDER
DEVELOPMENT SERVICES DIRECTOR / DEPUTY CITY
MANAGER&{- ~ .
CITY MANAGER r
4/STHS VOTE: YES 0 NO [g)
SUMMARY
The owner of the property described as Blocks 17 and 18 of Map No. 598, located at 1720
Fourth Avenue and 116 Seventh Street, respectively, has requested to the City to vacate the
portion of the 33-ft wide alley located between the two lots that has not been used, nor
maintained by the City for more than five years.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance with
the California Environmental Quality Act (CEQA) and has determined that these actions qualify
for a Class 5 categorical exemption pursuant to Section 15305 (a) [Minor Alterations in Land
Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is .
necessary.
RECOMMENDATION
That Council adopt resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The owner of Blocks 17 and 18 in Brimhall's Addition to Otay, Map No. 598, located at 1720
Fourth Avenue and 116 Seventh Street, requested the vacation of approximately 646 ft of an
7-1
Date, Item 07/21/09
Page 2 of 3
alley bounded by his two lots (see Exhibit A for the legal description and Exhibit B for the
location of the site).
Section 8331 of the California Streets and Highways Code states that City Council may
summarily vacate a street or highway if both of the following conditions exist: (a) For a period of
five consecutive years, the street or highway has been impassable for vehicular travel; and (b) No
public money was expended for maintenance of the street or highway during such period.
The alley was created in May 4, 1889, with the same map that created the nearby lots. The
proposed vacation of the 33-ft wide alley depicted in Map No. 598 begins at Seventh Street and
ends approximately 646 feet to the east. For a period of more than 5 years, the 33-ft wide alley
has been impassable for vehicular travel, and is being used as one lot for agricultural purposes.
The alley has not been maintained by City crews.
Although there is no record that any utility company has ever used the easterly end of the alley,
City staff notified the utility companies about the request to vacate portion of the alley. Staff
received no objections.
In accordance with Section 8335 of the California Streets and Highways Code, Council may
summary vacate portion of the alley by adopting a resolution of vacation that shall state all of the
following:
1. That the vacation is made under Chapter 4 of the California Streets and Highways Code;
2. The name or other designation of the easement and a precise description of the portion
vacated (see Exhibits A and B);
3. The facts under which the summary vacation is made; and,
4. That from and after the date the resolution is recorded, the portion of the alley vacated no
longer constitutes a street, highway, or public service easement.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City council and has found no property holdings
withm 500 feet of the boundaries ofthe property that is subject of this action.
CURRENT FISCAL IMP ACT
Staff time costs related to the processing of the summary vacation of portion of the alley will be
borne by the Applicant (owner of 1720 Fourth Avenue and 116 Seventh Street).
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
Exhibit A: Legal Description of Portion of the Alley to be Summarily Vacated
7-2
Exhibit B: Site Map
Prepared bY' Sandra Hernandez, Associate Engineer. Development Services Department
J:\Engineer\PERMITS\PV\PV-099_1720 4TH Ave\A 11 J_ Vacation ofAUey.doc
7-3
Date, Item 07/21/09
Page 3 of 3
EXHIBIT "A"
THAT CERTAIN 33.00 FOOT WIDE ALLEY ADJACENT TO BLOCKS 17 AND 18 OF
BRIMHALL'S ADDITION TO OTAY, IN TIffi CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598,
FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON MAY 4, 1889,
BOUNDED IN TIffi EAST BY A LINE CONNECTING THE SOUTHEAST CORNER OF
BLOCK 17 WITH THE NORTIffiAST CORNER OF BLOCK 18 AND BOUNDED IN THE
WEST BY A LINE CONNECTING TIffi SOUTHWEST CORNER OF BLOCK 17 WITH
THE NORTHWEST CORNER OF BLOCK 18.
AREA IS APPROXIMATELY 0.49 ACRES
THIS DESCRIPTION WAS PREPARED
BY.ME OR UNDER MY DIRECTION
a&J~
DENNIS W. GOOD, LS 8084
7-4
EXHIBIT "B"
SHEET 1 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598
MAIN STREET
8lK 1
8LK 16
NE 1/4 OF
SE 1/4 OF
NE 1/4 OF
SECTION 22
~lK 2 8lK 15 I I /--iJlK-is-- ,TI8S, R2W
III !~_E_~~kl_~~.?_+-
---11---
8LK 3 III
~ \ ~ 8LK 14 It;) 8LK 19 I SE 1/4 OF
~ ~o Ifgl SE 1/4 Of
-...... 7- - - -I~ - - - NE1/40F
';P ~ 181 I SECTION 22
...... "?- 8LK 13 8 8LK 20 T16S, RZW
V" '7 IdI
~LK~~ ~ - -:rt- --
8LK 5 ~ ~ lK 12 I I
~ ~
8LK 6 0 BlK 11111
~ .111
o
FOURTH
AVENUE
w
Z
::J
Z
o
'"
u
w
'"
'"
"'30
z'"
0'"
i= uf
u'"
w_
"',..
BLK 21
BLK ZZ
_~K~
aLK 27 I
o 500 1000
~ L..L.I I
SCALE:: '" = 500'
LEGEND:
'f":"",?;;?: ALLEY TO BE VACATED. APPROXIMATELY 21341 SQUARE FEET (0.49 ACRES)
NELSON PROPERTY BOUNDARY
BRIMHALL'S ADOITION TO OTAY 8LOCK LINES
SUBSECTION UNES
NOTE:
BEARINGS AND OISTANCE SHOWN HEREON ARE RECORD INfORMAll0N PER RECORD Of SURVEY MAP NO. 16369
7-5
EXlITBIT "B"
SHEET 2 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598
NO'08'09"W
33.00'
f--
W 1
w
a: 1 I 1 I
tn 11213141
I I I I I
!:: I I I 1
I I I I I I I I
1'720 FOURTH AVENUE I I I
629-030-04 I I
I IBLKI17 t I I I I I
51 6 1 7 1 8 I 9 110 I I' I 12113
1 I 1 I I I 1 I I
NJ9'5'!51"EI646~07' 1 I 1 I
NO'08'05"W
33.00'
':'~::~'::~-~~,:~~,--:'~~.:'~:-',"""~:::'::"~~~::::::~f.!r,,,_~';:.,':..-':::~_-',~:~~~:
\0 in
~ ~
N89'51'51"E 646.10'
BLK 18
629-030-05
7TH AVENUE. NO ADDRESS
'0
o
,..;
..,
VACATED BY BOARD OF SUPER\1S0RS
RESOLU1l0N DATED MAY 13, 1981, AS
VAC. 80-39 RECOROED MAY 19, 1981,
AS INSlRUMENT NO. 81-154859, O.R.
o 200 400
O-t::~ I
SCALE: ," = 200'
LEGEND:
::.s':::j%-:1~bff~f AllEY TO BE VACAlED, APPROXIMATELY 21341 SQUARE FEET (0.49 ACRES)
NELSON PROPERTY BOUNDARY
BRIMHAIJ.'S AOD1l10N TO OT A Y BLOCK UNES
SUBSEC1l0N UNES
NOTE:
BEARINGS AND OISTANCE SHOWN HEREON ARE RECORD INFORMA1l0N PER RECORD OF SURVEY MAP NO. '8369
7-6
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY V ACA TION OF
A PORTION OF A 33-FT WIDE ALLEY LOCATED BETWEEN
BLOCKS 17 AND 18 OF MAP NO. 598 Ai'lD DIRECTING THE
CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED
WITH THE COUNTY RECORDER
WHEREAS, the owner of Blocks 17 and 18 in Brimhall's Addition to Otay, Map No.
598, located at 1720 Fourth Avenue and 116 Seventh Street, requested the vacation of
approximately 646 ft of an alley bounded by his two lots (see Exhibit A for the legal description
and Exhibit B for the location of the site); and
WHEREAS, the alley was created in May 4, 1889, with the same map that created the
nearby lots; and
WHEREAS, the proposed vacation of the 33-ft wide alley depicted in Map No. 598
begins at Seventh Street and ends approximately 646 feet to the east; and
WHEREAS, for a period of more than 5 years, the 33-ft wide alley has been impassable
for vehicular travel, and is being used as one lot for agricultural purposes; and
WHEREAS, the alley has not been maintained by City crews; and
WHEREAS, Section 8331 of the California Streets and Highways Code states that City
Council may summarily vacate a street or highway if both of the following conditions exist: (a)
For a period of five consecutive years, the street or highway has been impassable for vehicular
travel; and (b) No public money was expended for maintenance of the street or highway during
such period
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula
Vista, under its authority pursuant to Chapter 4, and more specifically Section 8331, of the
California Streets and Highways Code, does hereby order the summary vacation of the portion of
the 33-ft wide alley bounded by Block 17 and Block 18 in Brimhall's Addition to Otay, Map No.
598, more precisely described in Exhibit A and Exhibit B, attached hereto and incorporated
herein by reference as if set forth in full.
BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of the
resolution of vacat{on, attested by the clerk under seal, to be recorded without acknowledgment,
certificate of acknowledgment, or further proof in the office of the recorder of the San Diego
County. From and after the date this resolution is recorded, the portion of the alley no longer
constitutes street, highway, or public service easement.
7-7
Presented by:
Gary Halbert, PE, AICP
Development Services Director
Approved as to form by:
~/~
Bart Miesfeld p f P67'-(
City Attorney
7-8
EXHIBIT "A"
THAT CERTAIN 33.00 FOOT WIDE ALLEY ADJACENT TO BLOCKS 17 AND 18 OF
BRIMHALL'S ADDITION TO OTAY, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598,
FILED IN THE RECORDER'S OFFICE OF sAiD COUNTY ON MAY 4, 1889,
BOUNDED IN THE EAST BY A LINE CONNECTING THE SOUTHEAST CORNER OF
BLOCK 17 WITH THE NORTHEAST CORNER OF BLOCK 18 AND BOUNDED IN THE
WEST BY A LINE CONNECTING THE SOUTHWEST CORNER OF BLOCK 17 WITH
THE NORTHWEST CORNER OF BLOCK 18.
AREA IS APPROXIMATELY 0,49 ACRES
THIS DESCRIPTION WAS PREPARED
BY.ME OR UNDER MY DIRECTION
>>~
DENNIS W. GOOD, LS 8084
7-9
EXIllBIT "B"
SHEET 1 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598
MAIN STREET
8LK 1
8L1< 16
NE 1/4 Of
SE 1/4 Of
NE 1/4 Of
SECTION 22
~LK 2 8L1< 15 I I " BLI< 15 "Tl8S, R2W
Ij I /?J~.S?!i_S~.?_+-
---H---
8LK 3 I I I
"(5) \ ~ 8LK 14 It;;I 8LK 19 I SE 1/4 OF
~ ~o I~I SE 1/4 OF
-"" """l?: -- - -1"'1 - - -- NE1/40F
\~ <::> 8 I SECTION 22
,... ;z. 8LK 13 I~I BLI< 20 115S, R2W
I'j) Idl
~K~~ 7.L _ _ILL _ _
?: I'j) II i
8LK 5 ~ ~ LI< 12 I I
~ ~- I1T1
BLK 6 0 """l?:8LK 11 III
~
FOURTH
AVENUE
w
Z
::J
Z
o
'"
u
w
~
..,
N'"
ZN
0'"
i=vi
u'"
w_
~~
8LK 21
_~K~
8LK 27 I
BLK 22
o 500 1000
~ I
SCALE: ," = 500'
LEGEND:
""2"%'""1 ALLEY TO 8E VACATED. APPROXIMATELY 21341 SQUARE fEET (0,49 ACRES)
NELSON PROPERTY 80UNDARY
8R1MHALL'S ADDITION TO OlAY 8LOCK UNES
SUBSECTION UNES
NOTE:
BEARINGS ANO DISTANCE . SHOWN HEREON ARE RECORD INfORMATION PER RECORD OF SURVEY MAP NO. 18369
7-10
EXHIBIT "B"
SHEET 2 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598 .
NO'OS'09"W
33,00'
f- I I I I I I I I
ill I 11720 FOURTIi AVENUE I I I
ill 629-030-04 I I
0:: 1 I 1 I I I BLKI17 I I 1 I I I
tn 1 I 2 I 3 I 4 I sl 6 1 7 I 81 9 110 111 1 12113
:r: I I I I I I I I I I I I I
l::: I I I I NJ9'srlsnI646:0r! I I I
NO'08'OS"W
33,00'
___~_'_" ;c,-~.""""~
in 1n
2 ~
N89,s,'S1"E 646.10'
BLK IB
629-030-0S
7TIi AVENUE. NO ADDRESS
b
o
,.;
'"
VACATED BY BOARD OF SUPER;tSORS
RESOLUllON OATED MAY 13, 1981, AS
VAC. BO-39 RECORDED MAY 19, 1981,
AS INSTRUMENT NO. 81-1S48S9, O.R.
o 200 400
~~O- I
SCALE: ,. = 200'
LEGEND:
"i'k;;;'",," ALLEY TO BE VACAlID, APPROXIMATELY 21341 SOUARE FEET (0.49 ACRES)
NELSON PROPERTY BOUNDARY
BRIMHAlL'S ADDIllON TO OT A Y BLOCK UNES
SUBSECllON UNES
NOTE:
BEARINGS AND DISTANCE SHOI\N HEREON ARE RECORD INFORM AlleN PER RECORD OF SURVEY MAP NO. 18369
7-11