RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA VACATING A PORTION OF MARINA
PARKWAY AND A PORTION OF G STREET
WHEREAS, portions of Marina Parkway and G Street were dedicated to the City of Chula Vista (City) by the San Diego Unified Port District (Port) by document recorded October 10, 1966 as File/Page No. 163052 of Official Records of the County of San Diego, State of California; and
WHEREAS, o n September 25, 2012, the City Council approved amendments to the Bayfront Specific Plan , via Ordinance No. 3238 and City Council Resolution No. 2012 -189, including the realignment of the portions of Marina Parkway and G Street that are the subject of this action, and made findings that the amended Bayfront Specific Plan was consistent with the City’s General Plan and the California Coastal Act; and
WHEREAS, the City desires to vacate portions of Marina Parkway and G Street , subject to the reservations and exceptions identified herein, in order to allow for the real ignment and dedication of new streets in furtherance of the Chula Vista Bayfront Development and in conformance with the Bayfront Specific Plan; and
WHEREAS, California Streets and Highways Code (SHC) section 8312 provides that a city may vacate all or pa rt of a street, highway , or public service easement within the city in accordance with the provisions thereof; and
WHEREAS, in accordance with Chula Vista Municipal Code (CVMC) section 12.40.010, City staff has conducted an investigation and determined that the public interest would be served by vacating these portions of Marina Parkway and G Street , subject to the reservations and exceptions identified herein, to allow for street realignment s in furtherance of the Chula Vista Bayfront Development; and
WHEREAS, per CVMC section 12.40.010 and SHC section 8322 , City staff published notice of the public hearing, scheduled for May 10, 2022 at 5:00 p.m. in the City Council chambers, to consider the proposed street vacations; and
WHEREAS, per SHC section 8323, City staff posted notice s of the proposed street vacations and the associated public hearing at the proposed vacated street locations; and
WHEREAS, per SHC section 8347, City staff notified all utility companies with facilities in the streets to be vacated of the proposed vacation s and made arrangements with said utility companies to relocate their facilities into the newly aligned and dedicated Marina Parkway and G Street; and
WHEREAS, SHC section 8340 allows a city to reserve and except out from a vacation, easement and other rights necessary to maintain, operate, replace, remove, or renew public utility facilities; and
WHEREAS, staff recommends reserving and excepting out from the proposed vacations all easement and other rights necessary or appropriate to maintain, operate, replace, remove, or renew public utility facilities until such time that all appropriate and necessary public utility facilities have been relocated into the realigned and dedicated streets; and
WHEREAS, staff recommends app roving the vacations, subject to the reservations and exceptions identified herein, to allow for the realignment and dedication of new streets in furtherance of the Chula Vista Bayfront Development and in conformance with the Bayfront Specific Plan; and
WHEREAS, per SHC section 8324, the City Council duly held a public hearing, on May 10, 2022 at 5:00 p.m. in the City Council chambers, to consider the proposed street vacations and hear the evidence offered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows:
1. After conducting the public hearing and considering the evidence, the City Council finds that, subject to the reservations and exceptions noted in this Resolution, those certain portions of Marina Parkway and G Street dedicated as public streets by document recorded October 10, 1966 as File/Page No. 163052 of Official Records of the County of San Diego, State of California are unnecessary for present or prospective public street purposes.
2. That from and after recor dation of this Resolution, those certain portions of Marina Parkway and G Street that were dedicated as public streets per File/Page No. 163052 of Official Records of the County of San Diego, State of California are vacated, subject to the reservations and exceptions in this Resolution.
3. That reserved and excepted from the vacations in this Resolution are those easement and other rights , over, under, and across the entire ty of the vacated area, as appropriate or necessary to maintain, operate, replace, remov e, relocate, or renew any public utility facilities until such time as such public utility facilities have been relocated into the realigned and dedicated Marina Parkway and G Street.
4. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof , in the Office of the County Recorder in which the property is located.
5. Upon recordation of this Resolution, the vacations shall be complete.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Resolution No.
Deputy City Manager City Attorney