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HomeMy WebLinkAboutReso 2010-011 -" '"".~~.""~_..'._.,..- .-.. Please complete tltb' ill/ormatioJ1. R7'DING REQUESTED BY: ~ AND WHEN RECORDED MAlL TO: S7 ~ 1'/ (! (7 Or {'~d4 0.s:T/-J . N1 ~7 r; /OU/.)-{I; A-J e , t Sf\. {?/a-;;p 0J r /-l C/f 'li9/th,}J:3j r DOC # 2010-0148299 1111111111111111111111111111111111111111111111111111111111111111111111 MAR 25, 2010 8:44 AM CiFFICI,6,L REI IIFI[" S.6Jl [IIE[iO COUNT'I' F:EI~nF:[IER'~, OFFICE ['"VI[' L BIITLEF: CDUNT',' RECDRC'cF: FEE'; I),on PAGES: S 7514 ~I!II\~MII\U!\OOMWlll\llgl~P.~IIIMI\\\IRl\lml\\m, Space above this line reserved for Recorder's Use Only GOyt Code 27361.6 ;fJ'OL((7f''''-,.,j ..,.(6/0 - @II (Please fill in document title(s) on this line) Govt Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION GOyt Code 27361.6 (Additional recording ree applies) RESOLUTION NO. 2010-011 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. 1, MAP NUMBER 2044 WHEREAS, the City of Chula Vista is the holder of a drainage easement located across six lots on Woodlawn Avenue south of Moss Street, that was originally granted to the County of San Diego in 1927 on the Harborside Unit No. 1 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 Hazborside Unit No. 1 Map (Map 2044) as more particulazly 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. 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 Approved as to form b ~ ~ 9. ~; ~~ ' ~ii',/~GL ~ c<. Richard A. ~}~ pkins rt C. Mies d Director ofCPublic Works City Atto ey Resolution No. 2010-011 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of January 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, n ay~ ATTEST: © vfu' Donna R. Norr s, 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. 2010-011 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 12th day of Januazy 2010. Executed this 12th day of January 2010. Dorma R. Norris, CMC, City Clerk Resolution No. 2010-O1 l Page 3 EXHIBIT "A" VACATION OF DRAINAGE EASEMENT CITY OF CHULA VISTA APN 618.090.07 TO 12 FILE NO. JY022.09 THAT 10 FOOT DRAINAGE EASEMENT OF LOTS 55 THRU 60 PER MAP 2044 HARBOR SIDE UNIT N0. 1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 13, 1927 AS FILE N0.41388 OF OFFICIAL RECORDS ,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: ~ LAHD ~~~~PLU I S C Sp9` a~ oy~ Oy~~ m LS. 7349 y, IXP. 12/31/11 ,J~ a~T ~'~\ ~~ 4TP OF CPUF~P 1 i CITY OF CHULA VISTA ~~«~ DEPARTMEM OF PUBLIC WORKS ~ ~'~ ~Z "Z° 20:x° ENGINEERING DIVISION / 276 FOURTH AVENUE JOSE 'UIS GOMEZ, -...7349 DATE rnYOF CHULAVISigCA91970 LICE SE EXPIRES 31!11 Ci1UlAV6G~(6791476-2301 FILE N0. JY022-0 .h \SUney\JID12-09\Harbm Side Vxafion Easema~rt Ong 71/21/2009 3x10:24 PM PSi Resolution No. 2010-011 Page 4 EXHIBIT "B" ~- N CITY OF CHULA VISTA NO SCALE OSS S~R~~~ ~ M `o~ 6a a MAP 04 ~ G `01 ~~ t0 m ~;~. ~p'C \55 Sg~~~NLU I S Q SG'PL Ls Tx9 ,~ L~IP.11/3t/n ,, ~T'~f OF CAVF~0.`'\ CITY OF CHULA VISTA , ~~~~~ DEPARTMENT OF PUBIIG WORKS ~ ~-~/ZZ/~.y~e __ "~' ENGINEERING DIVISION ~/ .! 276 FOURTH AVENUE JOG' UIS GOMEZ, P.L,S~ 349 ~ ~ GATE QIYOP CHULA V1siA, CA 91x10 LI SE EXPIRE51213 11 RLE NO. JY022-09~ Q{~J{AV~'~ (619) 47F23D7 .k 1SwwYN1'D12-09 Vacefim EaaanrnLln9 12/1t/1009 1~T0:1s PM PSI