HomeMy WebLinkAboutReso 2009-179
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Recording requested
by:
City ofChu!" Vista
After recording return
to:
City Clerk's Office
City ofChu!a Vista
276 Fourth Avenue
Chula Vista, CA 9!9JO
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DOC # 2009-0516859
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SEP 16, 2009 8:39 AM
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'1 '? ~ ~ RESOLUTION NO. 2009-179
Document Tille
RESOLUTION N0.2009-179
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
A PORTION OF A 33-FOOT WIDE ALLEY LOCATED
BETWEEN BLOCKS 17 AND 18 OF MAP NO. 598 AND
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
neazby 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 yeazs, 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 summazily vacate a street or highway if both of the following conditions exist: (a)
For a period of five consecutive yeazs, the street or highway has been impassable for vehiculaz
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 vacation, attested by the clerk under seal, to be recorded without acknowledgment,
certificate of acknowledgment, or further proof, in the San Diego County Recorder's Office.
From and after the date this resolution is recorded, the portion of the alley no longer constitutes
street, highway, or public service easement.
Resolution No. 2009-179
Page 2
Presented by
Approved as to form by
~~ ~ <~
Gary alber P.E., AICP t C. Miesf
Deputy City anager/Development Services City Attorn y
Director
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of July 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Castaneda and McCann
Cheryl Cox, Iayo
ATTEST:
~ ~~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHLTLA VISTA
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-179 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 21st day of July 2009.
Executed this 21st day of July 2009.
~. D
Donna R. Norris, CMC, City Clerk
-
EXHIBIT "A"
r-L....T CERTAJN 33.00 FOOT \VIDE ALLEY ADJACENT TO BLOCKS 17 AND 18 OF
BRlJI.1HALL'S ADDITION TO OTAY, IN rIfE CITY OF C::..IlTLA VISTA, COliNTY OF
SA-"N" DIEGO, STATE OF C..AllFOR.'HA, ACCORDING TO MAP THEREOF NO. 598,
FILED IN THE RECORDER'S OFFICE 0::0 SAID COUNTY ON IVJ...-\Y 4, 1889,
BOUNDED IN TF..E EAST BY A LINE COr-.'NECTlNG THE SOlJTHEAST COR.~'ER OF
BLOCK 17 WITH THE NORTIfEAST COR."N"ER OF BLOCK 18 AND BOUNDED IN The
,VEST BY A LINE CONNcCTING T.rfE SOUTHWEST COR.'-'ER OF BLOCK 17 ,VITB
TIfE NORTHVlEST COR."cR OF BLOCK 18.
AREA IS APPROXTh1ATELY 0.49 ACRES
TEIS DESCRJPTlONWAS PREPARED
BY ME OR illmER MY DIRECTION
o a<1lJ~
DENNIS W. GOOD, LS 8084
-
SHEET 1 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598
EXHIBIT "B"
MAIN STREET
BLK 1
BLK 16
NE 1/4 OF
SE 1/4 OF
fiE 1/4 OF
SECTION 22
T18S, R2W
"
BLK 19 I SE 1/4 OF
SE 1/4 OF
-- I fiE 1/4 OF
SECTION 22
BLK 20 118S, R2W
-- - -
BLI< 21
BLK 22
_~K~
BU< 27 I
f
,-
o 500
l }-~: ~ ~~...! ~'"
SCALE: N T S
LEGEND:
.,:-;., !-~_-::'.<~~~.~' '~:- ~
"-'.'~.'~'."""-" ..".''''.
.....-.----.......
ALLEY TO BE VACATIED, APPROXIMATIEL Y 21341 SQUARE FEET (0.49 ACRES)
NELSON PROPERTY BOUNDARY
BRIMHALL'S ADDITION TO OTAY BLOCK LINES
SUBSECTION LINES
FOURTH
AVENUE
w
:z:
::J
n
"'30
'"
2i'"
i= uf
~~
tn f-
:z:
o
;::
u
W
In
1000
-, .~
NOTE:
BEARINGS AND DISTANCE SHOWN HEREON ARE RECORD INFORMATION PER RECORD OF SURVEY MAP NO. 18369
SHEET 2 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598
EXHIBIT "B"
NO'08'09"W
33,00'
f- I I I I I I
ill 11720 FOURTH AVEfJUE I I I
ill 629-030-04 I I
n:: I I I I I IBLKI17 r I I I I I
~ 1 I 2 I 3 I 4 I 51 6 I 7 I 5 I 9 110 111 I 12113
I I I I 1 I I I I I I I I I
~ I I I I NJ9'51'IS1'EI646~07' I ! t I I
NO'08'DS"W
33.00'
I \1
I I
I
lG3bl
IV> w
o~
Idl"']
in In
to ~ BLK 15
629-030-05
7TH AVENUE, NO ADDRESS
t
'0
o
I"i
,.,
VACATED BY BOARD OF SUPER~SDRS
RESOLUTlDN DATED MAY 13, 1951, AS
VAC. 80-39 RECORDED MAY 19, 1981,
AS INSmUMENT NO. 51-1548S9, O.R.
,
"
o 200 400
l : ~n,J k.J l~.~-""... ~.~
SCALE: N '1 S
LEGEND:
". -;.': ': :.::":.:_; ; ::.~.;:.':;: ::;;
,.,.,----.-.-.-,-.--
-,~"'.".-_._'".<._.....~
ALLEY TO BE VACATED, APPROXIMATELY 21341 SQUARE FEET (0049 ACRES)
NELSON PROPERTY BOUNDARY
BRIMHALL'S ADDITlON TO OTAY BLOCK LINES
SUBSECTlON LINES
NOTE:
BEARINGS AND DISTANCE SHOWN HEREON ARE RECORD INFORMATION PER RECORD OF SURVEY MAP NO. 18369
Resolution No. 2009-179
Page 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
BLK 16 = ~ 1 NE i/4 Of
BLK1 f- ~~I~~~~I~~~ SE1/40f
Imo" - T T T ti-- NE 1/4 Of
__ _ SECTION 22
BLK 2 BLK 15 ~ ~ / BLK 18 --"" \7185, R2W FOURTH
~ I ~ %SEE SHEET 2 I AVENUE
BLK~3
n
~ ~d BLK 14 ~W~ BLK 79 SE 1/4 CF ~ o ~
~~ O ~~~ I SE 1/4 OF o w m
~r G BLK 13 (~I 8UC 20 I Ti8S~R2W ~
BLK 4OG ~.L I
BLK 5 `~L LK 12 I ~ BLK 21
BLK 28
BLK 6 ~~Q `~~~~ 11~ BLK 22 I BLK 27
Q
' 0 SDO 1000
SCALE: 1" = 500'
LEGEND:
s5_~5 = ALLEY TO BE VACATED, APPROXIMATELY 21341 SDUARE FEET (0.49 ACRES)
NELSDN PROPERTY BOUNDARY
BRIMHALL'S ADDITION 1D OTAY BLDCK LADES
- - suBSECnoN uNEs
NOTE:
BEARWCS AND DISTANCE SHOWN HEREON ARE RECORD INFDRMATIDN PER RECORD OF SURVEY MAP N0. 16369
Resolution No. 2009-179
Page 5
EXHIBIT "B"
SHEET 2 OF 2
SUMMARY VACATION OF PORTION OF ALLEY
BOUNDED BY BLOCKS 17 AND 18 OF MAP NO. 598
NOroB'09"W
LEGEND:
~ 1 I I I I I I I I 1 I I
Ll1 1720 FOURTH AVENUE
I I I I 629-030-04 I I I I I
~ I I I I IBLKI 171 I I I
~ 1 2 1 3 1 4 1 5 1 6 1 7 1 6 1 9 ~ 10 1 17 1 12 1131
= I I I I i l l l l I I I
~ I I I I „1_._.~._. I_._I_~ I I, I I I
ti
NDroB'DSw
33.00'
I I 1 e ~ BLK 16
' I 629-036-05
7TH AVENUE,
IW~WI
a
~ ~h 1 VACATED BY BOARD OF
RESOLUTIDN DATED MAY 1
VAC. 80-39 RECORDED
AS MSTRUMENT ND. 81-1
n
ND ADDRESS
SUPERVISORS
3, 1981, AS
MAY 19, 1981,
54859, O.R.
0 200 400
SCALE 1" 20D'
ALLEY TD BE VACATED, APPROXIMATELY 21341 SQUARE FEET (0.49 ACRES)
NELS~ PROPERTY BOUNDARY
BRIMHALL'S ADDITION TD OTAY BLOCK LINES
SUBSECTION LINES
NOTE:
BEARINGS AND DISTANCE SHOWN HEREON ARE RECORD INFORMATION PER RECORD OF SllRVEY MAP N0. 1&T69