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HomeMy WebLinkAboutReso 1988-13558 RESOLUTION NO. 13558 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY VACATING A PORTION OF BROADWAY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on October 13, 1987, in Resolution No. 13273, the City Council of the City of Chula Vista adopted a resolution of intention to vacate a portion of Broadway at its intersection with Anita Street in the City of Chula Vista, and WHEREAS, said resolution of intention to vacate was published and posted in the manner prescribed for the publication and posting of resolutions by the City Council, setting a date and place for hearing all persons interested in the proposed vacation not less than fifteen (15) days from the adoption of the resolution, and WHEREAS, on November 24, 1987, the City Council of the City of Chula Vista conducted a public hearing and heard evidence offered by persons interested in the proposed vacation of the street, and WHEREAS, a traffic study of the proposed vacation found that approximately half of the 2,000 daily southbound trips on Silvas Street continue south of Anita Street. Of these, approximately 79% continue all the way to Main Street and turn right. The study concludes that these "shortcut trips" would continue on Broadway to Main with insignificant impact to Broadway or Main, and with minor inconvenience to the motorist, and WHEREAS, the traffic study further found that there is a one-way travel lane aligned with Silvas Street, which is a north-south (one-way) street extending south from Anita Street to Main Street, approximately 1400 feet in length. Most of the remaining southbound trips on the one-way portion of Silvas Street turn right on Anita and proceed west. The proposed vacation would require these trips to turn right to Artira from Broadway. To facilitate this movement, the northwest corner of the intersection needs to be reconstructed to provide a 45 foot radius curd return, and WHEREAS, the traffic study also found periodic conflicts between turning movements because of the existing intersection of Silvas Street and Anita Street being less than 100 feet from the intersection of Broadway and Anita Streets, which conflicts would De reduced by the proposed vacation because of elimination of a majority of the "shortcut traffic" and requiring all southbound to westbound right turns to be made at Broadway, and -1- WHEREAS, California Streets and Highways Code Section 8324 authorizes the City Council to vacate a street, highway or public service easement subject to conditions, and WHEREAS, it is necessary and desirable that the property to be vacated be developed in conjunction with the immediately adjacent parcel as a single parcel. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does find that that portion of the public street known as Broadway in the City of Chula Vista as described in the grant deed, attached as Exhibit A to the resolution accepting bid, adopted concurrently herewith, is hereby found to be unnecessary for present or prospective public use and is surplus real property, which may be sold pursuant to Chula Vista Municipal Code Section 2.56.230. BE IT FURTHER RESOLVED that the portion of Broadway so described is hereby vacated subject to the following conditions: 1. Submission of a site plan to and approval of said site plan by the Design Review Committee; 2. Preparation by purchaser's private engineer of a complete set of improvement plans for the reconstruction of Broadway and Anita Street, and approval of said plans by the City Engineer; 3. Permits, bonds and agreements shall be submitted by purchaser for the work in the public right of way. Purchaser shall pay for all public improvements and work necessary to complete the public improvements. 4. Purchaser shall prepare and submit and obtain approval of a parcel map or adjustment plat, including the entire area vacated as part of the developed lot. BE IT FURTHER RESOLVED that the City Clerk not record this resolution of vacation until all the conditions recited adore have been satisfied. Presented by Approved as to form by ~, City Attorney 4135a -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~HULA VISTA, CALIFORNIA, this lOth d~ Of. May 19 aS , by the following vote, to-wit: AYES: Councilmembers Moore, McCandliss, Nader, Cox NAYES: Counci 1 members None ABSTAIN: Counci linetubers None ABSENT: Counc i ] members Malcolm Mo/~f the City of Chulo Vista ATTEST /_/'- city Cle~ ~~ .ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13558 ,ond thot the some has not been ornended or repealed. ~ ' City ~ler~ ~ ' Cl~ OF CHU Vi A CC-660 RECORDING R~QUESTED BY City of Chula Vista City Clerk's Office N,m, ~City of Chula Vista ~ City Clerk's Office 276 Fourth Avenue c~ & Chula Vista, CA 92010 SPACE ABOVE THIS LINE FOR RECORDER'S USE -- .....L_ J J Corporation Grant Deed I ..... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF CHULA VISTA, a charter city zaYcMY~FdtffiYa organized under the laws of the state of California hereby GRANTS to WILLIAM PERKINS the following described real property in the City Of Chula Vista County of San Diego , State of California: LEGAL DESCRIPTION ATTACHED AS EXHIBIT A ment to be excluted by its Mayor mi~'~mxltc~xxxxxxxxxxxxxxxxxy~rxsffx~cMao. , ,~ ~ ~ thereunto duh authorized. ~ ~,~ Dated: May 12. 1988 B to m~ t,~ b~ th, Hayor o~ the C~y .,~,,,...~..,~:,.., ........., ........,,, ..........., ..........,,,..,,~,.,.,,,,,,,, ......... To: Sweetwater Authority Reserving and excepting from vacation and abandonment to the Sweetwater Authority, an easement for, and the right to install, operate, maintain, replace and repair water facilities and the rights of ingress and egress for such purposes in that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: All of the above-described land. No buildings and/or structures will be erected, walls constructed, fences built nor trees planted upon the easement herein described. To: Pacific Telephone and Telegraph Company Reserving and excepting from the vacation and abandonment, easements and rights to The Pacific Telephone and Telegraph Company, a corporation, at any time, and from time to time, to construct, maintain, operate, replace and remove, aerial and underground communication structures consisting of conduits, cables, wires, poles and necessary fixtures and appurtenances tooether with the right of ingress and egress to protect the property from ali hazards in, under and upon the following described lands: All of the above-described land. WPC 2517E VACATION OF BROADWAY/ANITA STREET LEGAL DESCRIPTION _IBEING A PORTION OF BROADWAY (FOPj~ERLY NATIONAL AVENUE) AS SHOWN ON MAP OF "STARFIRE SPORTS" ACCORDING TO MAP THEREOF 8017 AS FILED FOR RECORD ON SEPTEMBER ll, 1974, AS FILE NO. 74-245831 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAL-I'FORNtA-~- BEiNG-MORE PARTICULAR-L~ DESCRIBED FOLLOWS: Beginning at the southweste~q~-,corne~-~f ~ot 3. of__said_.Map__~o~ ~_~17, ~ corner also being in the northerly right-of-way line of Anita Street as indicated thereon; thence-~asterly.-along--the_no~the~ly_line.~gf ~ Anita Street, S.89°50'00"E. lO0.O0 feet to the TRUE POINT OF BEGINNING, said point also being the beginning of a tangent curve being concave northwesterly and having a radius of 20.00 feet; thence northeasterly along said curve through a central angle of 90°06'35'' and an arc distance of 31.45 feet to a point in the westerly right-of-way line of B~o~d~ay'(formerly National Avenue) as shown on said Map No. 8017; thence tangent from said curve and northeasterly along last said westerly right-of-way line, N.OO°O3'25"E. 53.65 feet to the beginning of a tangent curve being concave westerly and having a radius of 1475.00 feet; thence northwesterly along said curve through a central angle of 08°37'18'' and an arc distance of 221.95 feet to a point of cusp, a radial line normal to sa}d curve at said point of cusp bears N.81°26'O7"E., said point also being the intersection with a line being 51.00 feet southwesterly and parallel to the centerline of said Broadway; thence S.18°21'22"E. 276.13 feet to the beginning of a tangent curve being concave northwesterly and having a radius of 25.00 feet; thence southwesterly along said curve through a central angle of 108°31'22'' and an arc distance of 47.35 feet to a point in the easterly prolongation of the northerly right-of-way line of said Anita Street, said point also being 36.00 feet northerly and parallel to the centerline of said Anita Street; thence westerly along said prolongation of the northerly right-of-way line, N.89°50'OO"W. 66.82 feet to the TRUE POINT OF BEGINNING. Containing an area of 10,594 square feet (0.24 acres). Excepting therefrom the following easements: To: San Diego Gas & Electric Company Reserving and excepting from vacation and abandonment, easements and rights to San Diego Gas & Electric Company, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time, to construct, maintain, operate, replace, remove, renew or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and fixtures for the operation of gas pipe lines, and for the transportation or distribution of gas and/or electrical energy for incidental purposes thereof, including ingress and egress, to protect the property from all hazards in, upon, over and across the following described lands: All of the above-described land. To: Sweetwater Authority Reserving and excepting from vacation and abandonment to the Sweetwater Authority, an easement for, and the right to install, operate, maintain, replace and repair water facilities and the rights of ingress and egress for such purposes in that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: All of the above-described land. No buildings and/or structures will be erected, walls constructed, fences built nor trees planted upon the easement herein described. To: Pacific Telephone and Telegraph Company Reserving and excepting from the vacation and abandonment, easements and rights to The Pacific Telephone and Telegraph Company, a corporation, at any time, and from time to time, to construct, maintain, operate, replace and remove, aerial and underground communication structures consisting of conduits, cables, wires, poles and necessary fixtures and appurtenances together with the right of ingress and egress to protect the property from all hazards in, under and upon the following described lands: ~ All of the above-described land. To: City of Chula Vista Reserving and excepting from vacation and abandonment to the City of Chula Vista, an easement and right-of-way for, or right to construct, maintain, operate, replace, remove or enlarge sanitary sewers, storm drain facilities or street light cables and their related appurtenant structures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: All of the above-described land. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees, and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth. WPC 2517E EXHIBIT A LEGAL DESCRIPTION BEING A PORTION OF BROADWAY (FORMERLY NAYIONAL AVENUE) AS SHOWN ON MAP OF "STARFIRE SPORTS" ACCORDING TO MAP THEREOF 8017 AS FILED FOR RECORD ON SEPTEMBER 11, 1974, AS FILE NO. 74-245831 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the southwesterly corner of Lot 3 of said Map No. 8017, said corner also being in the northerly right-of-way line of Anita Street as indicated thereon; thence easterly along the northerly line of said Anita Street, S.89°50'00"E. 100.00 feet to the TRUE POINT OF BEGINNING, said point also being the beginning of a tangent curve being concave northwesterly and having a radius of 20.00 feet; thence northeasterly along said curve through a central angle of 90°06'35'' and an arc distance of 31.45 feet to a point in the westerly right-of-way line of Broadway (formerly National Avenue) as shown on said Map No. 8017; thence tangent from said curve and northeasterly along last said westerly right-of-way line, N.OO°O3'25"E. 53.65 feet to the beginning of a tangent curve being concave westerly and having a radius of 1475.00 feet; thence northwesterly along said curve through a central angle of 04°51'04'' and ap~arc distance of 124.89 feet to a point of cusp, a radial line normal to said curve at said point of cusp bears N85°12'21"E, said point also being the intersection with the northerly line of said Lot 3; thence N87°48'OO"E 20.45 feet to the intersection with a line being 51.00 feet southwesterly of and parallel to the center line of said Broadway; thence S.18°21'22"E. 175.40 feet to the beginning of a tangent curve being concave northwesterly and having a radius of 25.00 feet; thence southwesterly along said curve through a central angle of 108°31'22'' and an arc distance of 47.35 feet to a point in the easterly prolongation of the northerly right-of-way line of said Anita Street, said point also being 36.00 feet northerly and parallel to the centerline of said Anita Street; thence westerly along said prolongation of the northerly right-of-way line, N.89°50'OO"W. 66.82 feet to the TRUE POINT OF BEGINNING. Containing an area of 9,656 square feet (0.22 acres). Excepting therefrom the following easements: To: San Diego Gas & Electric Company Reserving and excepting from vacation and abandonment, easements and rights to San Diego Gas & Electric Company, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time, to construct, maintain, operate, replace, remove, renew or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and fixtures for the operation of gas pipe lines, and for the transportation or distribution of gas and/or electrical energy for incidental purposes thereof, including ingress and egress, to protect the property from all hazards in, upon, over and across the following described lands: All of the above-described land.