HomeMy WebLinkAboutAgenda Statement 1986/10/28 Item 08COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 10/28/86
ITEM TITLE: Resolution ~O? 7 ~~ Ordering the summary vacation of a
6-foot utility easement within Assessors Parcel No. 566-140-01
at 58 Corte Maria Avenue
SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
P~1r. Theodore Finocchiaro, owner of the property at 58 Corte Maria Avenue
recently informed this department that, according to his title report, a
utility easement runs through the middle of his house. That easement was
granted to the City on Map 2639. Just after the subdivision map containing
his lot was recorded, the arrangement of the lots and their boundaries were
changed. The subject easement granted on the map should have been vacated
simultaneously with an unneeded portion of Corte Maria Avenue, but that
vacation was apparently overlooked.
We propose that the vacation be accomplished now.
In accordance with Section 8333 of the California Streets and Highways Code,
the City Council may summarily vacate a street, highway, or public service
easement pursuant to the authority provided in this chapter by adopting a
resolution of vacation.
RECOMMENDATION: That Council adopt the subject resolution ordering the
vacation of the 6-foot utility easement herein described.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On May 22, 1950, Map 2639, Chula Vista Highlands Subdivision, was recorded.
It showed a 6-foot utility easement around the perimeter of this subdivision
together with a 6-foot utility easement along the southerly boundary of lots
19 to 21 inclusive (see Exhibit A).
In the course of a subsequent street vacation and changes in the configuration
of lots 9 through 22, the 6-foot utility easement previously located along the
southerly boundary of lots 19 through 21 was left in the middle of a new lot
which included lot 22 along with portions of 19-21(see Exhibit 6).
This easement was acquired by the City of Chula Vista through dedication on
Map 2639 of the Chula Vista Highlands Subdivision. It was accepted by the
City Council on March 17, 1950, and has never been used by the City or utility
companies.
Page 2, Item 8
Meeting Date 10/28 86
Section 8333 of the California Streets and Highways Code states that an
ease;+ient may be summarily vacated if the easement has not been used for the
purpose for which it was dedicated for five consecutive years immediately
preceding the proposed vacation.
All of the utility companies were contacted regarding the proposed vacation
and have no objections.
Upon vacation of the 6-foot easement the full use of the land will revert back
to the current owner since the easement was granted for utility purposes only.
FISCAL IMPACT: Not applicable.
DA:nr/PV-012/WPC 2326E
by the City Council of
Chula Vista, California
Dated ~~ ~ -~ ~"~