HomeMy WebLinkAboutAgenda Statement 1988/03/15 Item 4COUNCIL AGENDA STATEMENT
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Item 4
Meeting Date 3/15/88
Resolution /„3f ~~ Summarily vacating portion of Seavale
Street north of Third Avenue
Director of Public Works
City Manager `~~ /~ ~--
(4/5ths Vote: Yes
No X )
The subject portion of Seavale Street was formerly Third Avenue. The
right-of-way is still 80 feet in width (see Exhibit "A"). Third Avenue was
connected to Fourth Avenue with the Third Avenue Extension and in 1956 the old
Third Avenue right-of-way was named Seavale Street. It became a residential
street with no appreciable amount of traffic.
Robert Brath, owner of the property at 315 Seavale Street, has applied for a
vacation of 10 feet of right-of-way fronting his parcel (139 feet). Since
this right-of-way has never been used for pedestrian or vehicular travel, the
Council may summarily vacate it according to the California Streets and
Highway Code.
RECOMMENDATION: That Council adopt the subject resolution and authorize the
• Mayor to sign at such time as the applicant has secured and obtained a
construction permit to install the public sidewalk in accordance with City
standards.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BACKGROUND
Third Avenue, as well as all the major streets in Chula Vista, was dedicated
on Map No. 505 in 1888. The right-of-way width was 80 feet. Due to the
topography in the area, it was not practical to construct Third Avenue
northerly to "C" Street as was shown on the map. In order to carry traffic
northerly, Third Avenue was extended in a northwesterly direction to intersect
with Fourth Avenue in 1953 (now known as "Third Avenue Extension").
The remaining portion of Third Avenue to the north was officially changed to
Seavale Street by Resolution No. 1807 adopted in 1956. The street
improvements were constructed in 1957. The curb-to-curb width was, and still
is, 40 feet. However, the right-of-way width remained 80 feet, resulting in
the property line being ?.0 feet in back of the curb.
The house at 315 Seavale was built approximately nine feet from the westerly
right-of-way line of the street (see Exhibit "B"). The current owner of the
property has requested that the City vacate a 10-foot strip of the street
• along his frontage, so that he may further utilize the area. The usable area
of hi s property i s very 1 i mi ted, as most of i t i s part of a canyon dropping
off to the west.
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Page 2, Item 4
Meeting Date X7137$$
FINDINGS
1. A right-of-way width of 80 feet is not necessary for this portion of
Seavale Street due to the change from a collector to a residential street.
2. It is very unlikely that this portion of street will ever be widened,
because the Third Avenue right-of-way north of Seavale Street was vacated
in 1975 and has since been developed as private property.
3. The existing east-west portion of the Seavale Street right-of-way is only
60 feet and curb-to-curb width is 40 feet.
4. All utility companies have been contacted regarding the requested vacation
and none have objected to the closure.
5. The Planning staff has no objections to the vacation.
6. In accordance with Subsection 8334 of the California Streets and Highways
Code, the Council may summarily vacate any of the following:
a. An excess right-of-way of a street not required for street purposes.
b. A portion of street that lies within property under one ownership and
that does not continue through such ownership or end touching another.
7. As in past vacations of street rights-of-way dedicated on Map No. 505, the
land will revert to the adjacent property. The City does not own it in
fee.
r.nnici i~crnni
Based on the findings in this report, staff recommends that the vacation be
approved by Council with the following conditions:
1. That the applicant be required to install the public sidewalk adjacent to
the existing curb along his frontage.
2. That the City reserve an easement for the proposed public sewer to serve
Seavale Gardens, a planned development to the north of Mr. Brath's
property.
FISCAL IMPACT: Minimal income to the City from additional property tax
increase (1390 square feet of property).
JWH:nr/PV029
4~IPC 3605E
y the City Co!.l;Ci! of
~~ Chula Vista, California
Dated