HomeMy WebLinkAboutAgenda Statement 1982/07/06 Item 10COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 7/6/82
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:M TITLE: Resolution ~~,~ 0 Summarily Vacating a Portion of the General
Access and Utility Easement in Lot 1 of Melrose Villa
Subdivision Under the Street Vacation Act of 1941
3MITTED BY: City Engineer '~ ~~ ~ (4/5ths Vote: Yes No X )
conjunction with a proposed condominium project the developers of Melrvse
Ilas Subdivision granted easements within Lot 1 on the west side of Melrose
~nue for general access, utilities, and tree planting and maintenance.
:er the map was recorded and the easements accepted by the City the
eloper sold this lot to the City. The Community Development Department, in
^n, will sell this property to the County of San Diego. The County Housing
thority is planning to develop the site with rental units. Consequently,
access easements must be vacated to accommodate the new layout of
ildings proposed by the County. In accordance with Section 8335 of the
^eets and Highways Code, it is my
MMENDATION: That Council adopt a resolution vacating subject easements
directing the City Clerk to forward the resolution to the County Recorder
recordation.
D/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
I 1979 the developer of Melrose Villas Subdivision (Map #9402) dedicated
e sements on Lot #1 for utilities and general access to the parking areas
a jacent to the proposed condominium buildings. Lot #2 of this subdivision
1 cated on the east side of Melrose Avenue was completed.
L t #1 on the west side of Melrose Avenue was left undeveloped and
s bsequently purchased by the City. The Community Development Department is
i the process of transferring ownership to the County of San Diego. The
C unty Housing Authority is planning to develop the property for rental
a artments. Historically developers of apartment sites are not required to
d dicate access easements for the tenants. Additionally the proposed building
1 cations will conflict with the existing easements.
B memo dated 4/12/82, the Community Development Department requested that the
e sements be vacated. In accordance with Section 8333 of the Streets and
H ghways Code the City Council may summarily vacate a public service easement
i "the date of dedication or acquisition is less than five years, and more
t an one year, immediately preceding the proposed vacation, and the easement
w s not used continuously since that date." ,~~~ ;~o
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Page 2, Item 10
Meeting Date 7/6/82
Se tion 8335 of the Code states that a) the legislative body may vacate a
st eet, highway, or public service easement pursuant to the authority provided
in this Chapter by adopting a Resolution of Vacation, b) the Resolution of
Va ation shall state all of the following:
1) That the vacation is made under this Chapter
2) The name or other designation of the street, highway, or public
service easement and a precise description of the portion vacated
3) The facts under which the summary vacation is made
4) That from and after the date the Resolution is recorded, the street,
highway, or public service easement vacated no longer constitutes a
street, highway, or public service easement.
Al of the utility companies have been notified of the proposed vacation.
On y one objection has been received. Pacific Telephone claims to have
fa ilities within the area. However, upon checking the Title Report an
ea ement was recorded by deed for these facilities. This vacation does not
of ect any private easements listed in the Title Report.
Th City is retaining a 10-foot drainage easement for its existing drainage
fa ilities and, also, tree planting and maintenance easement adjacent to
Melrose Avenue and Otay Valley Road.
A ransparency is available for Council viewing.
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IMPACT: None
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