HomeMy WebLinkAboutReso 2009-249
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Altn: E, Briggs
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DOC # 2009-0655462
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NOV 24, 2009 8:36 AM
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Resolution No. 2009-249
Document Title
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RESOLUTION NO. 2009-249
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
A PORTION OF FIRST AVENUE FROM NAPLES STREET TO
PALOMAR STREET AND DIRECTING THE CITY CLERK TO
RECORD ALL DOCUMENTS REQUIRED WITH THE
COUNTY RECORDER
WHEREAS, the portion of First Avenue to be vacated from Naples Street to Palomar
Street is no longer needed for street purposes because the construction of new curbs, gutters and
sidewalks Improvement Project STU03; and
WHEREAS, the portion of First A venue to be vacated is from Naples Street to Palomar
Street and is within the Capitol Improvement Project area of the First Avenue Street
Improvement Project (STL303); and
WHEREAS, currently, the right-of-way width for First Avenue between Naples Street
and Palomar Street is 80 feet; however, the completed improvements only required a GO-foot
right-of-way width, which is more consistent with the needs and uses of that neighborhood; and
WHEREAS, Chapter 4, Section 8334(a) of the California Streets and Highways Code
states that the legislative body of a local agency may summarily vacate excess right-of-way if it
is no longer needed for public street purposes; and
WHEREAS, in order to vacate, Council must adopt a resolution ordering the summary
vacation of the subject portion of the alurementioned excess right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City orChula Vista
as fullows:
I. That after considering the evidence submitted, the City Council finds that the subject
portion of First Avenue, as more particularly described in a legal description designated as
Exhibit "A" attached hereto and by refcrence made a part hereof, is declared excess right-of-way
and is unnecessary for present or prospective public usc.
2. This summary vacation, as proposed, will reserve an easement for public utilities as
requested by SDG&E, and AT&T as well as a small drainage easement for the benefit of an
cxisting City dr?inage facility as described in said Exhibit "A".
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3. The City.Council of the City of Chula Vista does hereby order the summary vacation
ofthe subject portion off'irst Avenue as described in said Exhibit "A".
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Resolution No. 2009-249
Page 2
4. That the City Clerk is hereby directed to cause a certified copy of the 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 recorder of the county in which the
property is located. Upon such recordation, the vacation shall be complete.
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Presented by
Approved as to form by
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Richard A. HopKl
Director of Pub' Works
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 27th day of October 2009 by the following vote:
AYES:
Councilmembers:
Bensoussan, Ramirez, Thompson and Cox
NAYS:
Councilmembcrs:
None
ABSENT:
Councilmembers:
Castaneda
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Cheryl Cox, ' ayor /
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ATTEST:
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Donna R. Norris, 'CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-249 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 27th day of October 2009.
Executed this 27th day of October 2009.
d~ I Ji/;Nwy
Donna R. Norris, CMC, CityClerk
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Resolution No. 2009-249
Page 3
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EXHIBIT A
932
STREET VACATION
CITY OF CHUl.A VISTA
APN'S 619-151-01 THRU 10
THE VACATION OF A PORTION OF THE EXISTING 40 FOOT RIGHT-OF-WAY OF FIRST AVENUE,
AS ACCEPTED AND SHOWN ON MAP THEREOF NO. 2646, COUNTRY CLUB MANOR UNIT NO.3,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11,
1950, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B-1" - SHEET
3 ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE EASTERLY 10 FEET OF SAlD RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT S5 OF SAlD
MAP AND TERMINATING SOUTHERLY AT AN INTERSECTION WITH A PROLONGATION OF THE
SOUTHERLY BOUNDARY OF LOT 64 OF SAID MAP.
A
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EXCEPTING THEREFROM ALL LAND LYING NORTHWESTERLY OF A 20 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 90002'24" AND AN ARC LENGTH
OF 31.43 FEET, AND TANGENT TO A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT
55 OF SAlD MAP AND THE WESTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED
VACATION.
RESERVING A DRAlNAGE EASEMENT 20 FEET WIDE, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLI~E:
A PROLONGATION Of THE SOUTHERLY BOUNDARY OF LOT 62 OF SAlD MAP, ALSO BEING THE
NORTHERLY BOUNDARY OnOT 63 OF SAlD MAP, TERMINATING AT THE WESTERLY
BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED 50 AS TO
TERMINATE AT THE EASTERLY AND WESTERLY BOUNDARIES OF THE HERINABOVE
DESCRIBED VACATION.
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011' Of
OiULA VISIi\
CITY OF CHULA VISTA
PUBLIC WORKS. ENGINEERING -" 0 7 Z ';'l.,.I C.
276 FOURTH AVENUE
CHULAVlSTA,CAS1910 DATE
<619}476-2JD1 ALE NO. Sn.-JOJ
O:\50SKPROJ\sn.JnJ\Fl",...\D~!;igtl\S1L-JOJ Slad VDCOlran:s (lJop 2646).."..g 10/08/2009 lo:.o:15.AM por
ALSO RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION.
CONTAINING 6,210 SQUARE FEET (0.14 AC.), MORE OR LESS.
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