HomeMy WebLinkAboutAgenda Statement 1982/03/17 Item 9COUNCIL AGENDA STATEMENT
9
Item
BY: City Attorney
ITEM TITL~: Resolution ~091'~ Declaring City's intention to vacate Industrial
Blvd. between "K" Street and "L" Street
SUBMITTED
The Cit
the pro
Blvd. b
necessa
settlem
CALTRAN
Park an
475 par
longer
RE
Meeting Date 3/17/8
(4/5ths Vote: Yes No x )
Attorney has previously requested that the Council authorize
:essing of a vacation proceeding for the portion of Industrial
~tween "K" Street and "L" Street that CALTRANS does not deem
-y for the purpose of operating a Park and Ride facility. The
ant agreement reached between the adjacent property owner,
> and the City of Chula Vista was to the effect that the present
i Ride facility would be expanded to provide an availability of
:ing spaces and that the balance of the street would then no
>e necessary for present or future street purposes.
TION: That Council:
1. Adopt resolution declaring its intention to vacate
subject portion of Industrial Boulevard.
2. Set September 7, 1982 at 7:00 p.m. as the date and
time for a public hearing to consider the subject
street vacation.
BOARD
)MMISSION RECOMMENDATION: N/A
DISCUSSION:
In June
first a
and "L"
being c
possibl
street
CALTRAN
As a re:
litigat:
would n<
upon the
the City
favorab_
be shown
app aren i
future
of 1976, Mr. Gerald Baker of Baker Industries, instituted the
tempt at vacating all of Industrial Boulevard between "K" Street
Street. After two public hearings on this matter, the first
nducted on March 4, 198, the City determined that it was not
to vacate the street since the street was in fact needed for
urposes, i.e, a Park and Ride facility to be constructed by
ult of that action, the City and CALTRANS have been involved in
on with the property owner, which legal action we were convinced
t be successful and we would certainly be well advised to settle
terms and conditions available to the City and CALTRANS. Since
has repeatedly, insofar as staff has been concerned, recommended
y on the closing of the street except for an interest that might
by another governmental agency, either CALTRANS or MTDB, it is
that it is the opinion of staff that there is no present or
treet purpose for that portion of Industrial Boulevard.
Form A-11$ (Rev. 11./79)
Item No. 9
Meeting Date: 8/17/82
Page Two
Since
of lan
Baker
with t
legal
today.
he only interest of CALTRANS is to insure an adequate amount
.for the Park and Ride facility, which is now agreed upon by
ndustries, there is no objection on their part to proceeding
e vacation of the balance of the street as described in the
escription attached to the resolution for your consideration
One re aining obstacle exists and that is an issue as to the legal
owners ip of a portion of the underlying fee. It is the opinion of
this o fice and the attorneys for CALTRAI~IS that a center strip of the
underl ing right of way that will be vacated is owned by the City in
fee. ubsequent to the vacation, that issue will have to be settled
and an appropriate valuation placed upon the property if it is to be
acquir d by Baker Industries. We will make every effort to have a
cleare definition of that ownership at the time of the public hearing
al thou h it is not of importance in determining the issue of vacating
the st eet itself.
It is,
Engine
19 82 .
.herefore, the recommendation of the City Attorney and the City
r that the matter be set for public hearing on September 7,
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