HomeMy WebLinkAboutReso 2009-276
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DOC # 2009-0687239
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WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
DEe 11, 2009 1:12 PM
City Clerk
City of Chula Vista
PO Box 1087
Chula Vista, CA 91912
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OFFICIAL REFURC"
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[,iNI[, L. BUTLER COUllr, RE[[IRC'ER
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PAGES: 4
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10142
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 2009-276
RESOLUTION NO. 2009-276
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING: (1) THE SUMMARY VACATION
OF THE OPEN SPACE EASEMENT IDENTIFIED IN COUNTY
DOCUMENT NO. 2001-0272342; AND (2) ABANDONMENT
OF THE RIGHT TO ACCEPT THE IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST IDENTIFIED IN COUNTY
DOCUMENT NO. 2001-0272343
WHEREAS, as condition of approval for the final maps for Otay Ranch Village One:
Phase 1B, 2B, and 4, Otay Project LP (Developer) was required to convey 1,079.51-acres to the
Resource Preserve; and
WHEREAS, the conveyance of the land, located entirely within the unincorporated area
of the County, in the area of Village 13, for the Otay Ranch Preserve Conveyance Plan was done
by the following documents; (i) Open Space Easement Deed (Document No. 2001-0272342) that
conveyed 254.71 acres to the City and the County (the Easement); and (ii) Irrevocable Offer of
Dedication of Fee Interest (Document No. 2001-0272343) that conveyed 824.8 acres to the City
and the County (the IOD); and
WHEREAS, in October of this year, the Applicant requested that the Preserve Owner
Manager (POM) vacate the Easement and IOD in exchange for granting to the City and the
County, replacement land of an equal acreage, within the limits of the Resource Preserve, but in
a different location; and
WHEREAS, Part 3 (commencing with Section 8300) of Division 9 of the California
Streets and Highways Code (Public Streets, Highways, and Service Easements Vacation Law), at
Chapter 4, provides the authority and procedures for the summayy vacation of public service
easements and Government Code Section 7050 authorizes the abandonment of the right to accept
an irrevocable offer of dedication in the same manner; and
WHEREAS, Section 8333 of the Public Streets, Highways and Service Easements
Vacation Law specifically allows for summary vacation proceedings when an easement has been
superseded by relocation, and there are no other public facilities located within the easements;
and
WHEREAS, the Easement and IOD will be superseded by the equal exchange of acreage
of preserve land in a different location, but within the same limits of the Otay Ranch Preserve
Conveyance Plan and there aze no other facilities located within the encumbered area; and
WHEREAS, the easement area that is the subject of this offer to vacate is the area that is
subject to, and particularly described on, the Easement and IOD, Open Space Easement Deed
(Document No. 2001-0272342), a copy of which is on file in the office of the City Clerk; and
Resolution No. 2009-276
Page 2
WHEREAS, the IOD area that is subject to this action to abandon the offer of dedication
is the area that is subject to, and particularly described on, the Easement and IOD, Open Space
Easement Deed (Document No. 2001-0272342), a copy of which is on file in the office of the
City Clerk; and
WHEREAS, from and after the date this resolution is recorded, the Easement and IOD no
longer constitute an Open Space Easement or Irrevocable Offer of Dedication of Fee Interest for
open space.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby vacate the Fee Interest recorded as Document No. 2001-0272343 and the Open
Space Easement Deed recorded as Document No. 2001-0272342.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to record a
certified copy of this resolution with the Office of the San Diego County Recorder.
Submitted by:
Gary ~Ialberf/, Ir.~., AI~P 1
Deputy Cit Manager/
Director of Development Services
Approved as to form by
G~--L
Bart C. Miesfeld (~ ~ Pc,7Y
City Attorney
Resolution No. 2009-276
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of December 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ayor
ATTEST:
Donna R. Noms, 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. 2009-276 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of December 2009.
Executed this 8th day of December 2009.
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Donna R. Norris, C C, City Clerk