HomeMy WebLinkAbout2010/01/12 Item 5
CITY COUNCIL
AGENDA STATEMENT
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~CHULA VISTA
1/12/10, Item ~
ITEM TITLI~:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
DRAINAGE EASEMENT LOCATED WITHIN LOTS 55
THROUGH 60 INCLUSIVE OF HARBORSIDE UNIT NO. I, MAP
NUMBER 2044
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REVIEWED BY:
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENGINEERING
CITY MANAGE~
ASSISTANT CIT~AGER
SUBMITTED BY:
4/STHS VOTE: YES D NO IZJ
SUMMARY
The City has receIved a request to vacate an existing drainage easement located across six lots on
Woodlawn Avenue south of Moss Street. This easement was dedicated to the County of San
Diego in 1927 on the Harborside Unit No. I Map (Map 2044). The drainage easement is not
cUITently used and may have never been used by the City. Additionally, staff sees no potential
future use for this easement.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Quality Act (CEQA) and has detennined that the project qualifies for a Class 5
categorical exemption pursuant to Section 15305 [Minor Alterations in Land Usc Limitations] of
the State CEQA Guidelines because the action consists of a drainage easement vacation which
will not result in any changes in land use or density. Thus, no further environmental review is
necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The drainage easement that is the subject of this action was originally granted to, and accepted
by the County of San Diego in 1927. This was prior to the City's annexation of this area. The
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01/12/10, Item~
Page 2 of 2
easement is located across six lots on Woodlawn Avenue south of Moss Street and roughly
bisects the back yards of the residences. A map of the easement is attached for Council's
reference. This eascment is not being used and carries no stonn water or run-off. There is no
record of the City ever using or maintaining this easement and staff foresees no future need in
this location.
Chapter 4, Section 8333(a) of the California Streets and Highways Code states that the
legislative body of a local agency may summarily vacate a public service easement if the
easement has not heen used for the purpose for which it was dedicated or acquired for five
consecutive years preceding the proposed vacation.
DECISION MAKER CONFLICT
Staff' has reviewed the property holdings of the City Council and has tound no property holdings
within 500 feet of the boundaries of the property that is the subject ofthis action.
CURRENT FISCAL Il\'IPACT
There IS no impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
A TT ACHMENTS
I. Easement map
Prepared by: Rick R~va!s, Rea/ Property !Vlwwger, Public Works Dept.
M :\Engillcer\AGENDA \CASZO 1 0\0 1-12-1 O\Wondlawn drainage vacatiQIl,duc
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ATTACHMENT Jp
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CITY OF CHULA VISTA
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JO:oE UIS GOMEZ, P .L,S: 7349
LItEr SE EXPIRES 1213 /11
tfl CITY OF CHULA VISTA
~1~ OEPARTMENT OF PUBliC WORKS
:iiiiIllfiiiiii ENGINEERING DIVISION
"UH' 276 FOURTH AVENUE
mrOf CHULA VISTA, CA 91910
0i\JlA. VlSl:A (619) 476-2301
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DATE
FILE NO. JY022 09-
J:\Su~y\JYD22-09 Vacation Easement.dwg 12/21/2009 3:20:24 PM PST
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RESOLUTION 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
A DRAINAGE EASEMENT LOCATED WITHIN LOTS 55
THROUGH 60 INCLUSIVE OF HARBORSIDE UNIT NO. I,
MAP NUMBER 2044
WHEREAS, the City of Chula Vista is the holder of a drainage easement located across
six lots on Woodlawn A venue south of Moss Street that was originally granted to the County of
San Diego in 1927 on the l-Iarborside Unit No. I Map (Map 2044) as more particularly described
in a Legal Description designated as Exhibit "A" and depicted on a Plat designated as Exhibit
"B", both attached hereto; and
WHEREAS, The drainage easement is not currently used and may have never been used
by the City and staff sees no potential future use for this easement; and
WHEREAS, The City has received a request to vacate said drainage easement; and
WHEREAS, Chapter 4, Section 8333(a) of the California Streets and Highways Code
states that the legislative body of a local agency may summarily vacate a public service easement
if the easement has not been used for the purpose for which it was dedicated or acquired for five
consecutive years preceding the proposed vacation.
NOW, THEREFORE, BE IT RESOLVED that after considering the evidence submitted,
the City Council finds that the subject easement Harborside Unit No. I Map (Map 2044) as more
particularly described in a Legal Description designated as Exhibit "A" and depicted on a Plat
designated as Exhibit "B", both attached hereto is declared excess and is unnecessary for present
or prospective public use, and,
The City Council of the City of Chula Vista does hereby order the summary vacation of
the subject drainage easement as described in said Exhibit "A"
BE IT FURTHER RESOLVED 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.
Presented by
Richard A. Hopkins
Director of Public Works
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