Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUMMARILY VACATING A PORTION OF
LAGOON DRIVE (F STREET) WEST OF MARINA PARKWAY
WHEREAS, Lagoon Drive, also known as F Street (80.00 feet wide) is currently a City of Chula Vista street; and
WHEREAS, that portion of Lagoon Drive lying west o f the westerly line of Marina Parkway has been closed to use as a street; and
WHEREAS, on 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 creation of a new public park 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 new park will require the use of land that includes that closed portion of Lagoon Drive which will no longer be needed as a public street; and
WHEREAS, said portion of Lagoon Drive is not and will no longer be needed for a public street; and
WHEREAS, California Streets and Highways Code (SHC) section 8312 provides that a city may vacate all or part 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 this portion of Lagoon drive (F Street), subject to the reservations and exceptions identified herein, to allow for construction of a new public park and the protecting of natural resources in furtherance of the Chula Vista bayfront development, and because the subject segment of Lagoon Drive (F Street) is unnecessary for present or future public use as a street; and
WHEREAS, per CVMC section 12.40.010 and SHC section 8322, City staff published notice of the public hearing, scheduled for December 12, 2023 at 5:00 p.m. in the City Council Chambers, to consider the proposed street vacation; and
WHEREAS, per SHC section 8323, City staff posted notices of the proposed street vacation and the associated public hearing at the proposed vacated street location; and
WHEREAS, per SHC section 8347, City staff notified all utility companies with facilities in the streets to be vacated of the proposed vacation and made arrangements with said utility companies to remove their existing facilities from the area to be located excepting there from Sweetwater Authority water lines and hydrants; and
Resolution No.
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 vacation a temporary easement for Sweetwater Authority as necessary for their existing water line and fire hydrants, said easement to remain in place until the facilities continuing status are determined; and
WHEREAS, the City has granted easements needed for the new public park across the area to be vacated that need to be reserved; and
WHEREAS, staff recommends approving the vacation, subject to the reservatio ns and exceptions identified herein, to allow for construction of a new public park and protection of natural resources in furtherance of the Chula Vista bayfront development; and
WHEREAS, per SHC section 8324, the City Council duly held a public hearing , on December 12, 2023 at 5:00 p.m. in the City Council Chambers, to consider the proposed street vacation and hear the evidence offered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that:
1. After conducting the public hearing and considering the evidence, the City Council finds that, consistent with the public interest and subject to the reservations and exceptions noted in this Resolution, that certain portion of Lagoon Drive (F Street) specifically described in a Legal Description designated as Exhibit “ A” and as shown on a plat designated as Exhibit “B”, both attached hereto and by reference made a part hereof, is unnecessary for present or prospective public street purposes.
2. That from and after recordation of this Resolution, that certain portion of Lagoon Drive (F Street) described herein is summarily vacated, subject to the reservations and exceptions in this Resolution.
3. That reserved and excepted from the summary vacation in this Resolution is an easement and other rights, over, under, and across the area of and immediately adjacent to the existing facilities of the Sweetwater Authority only as appropriate or necessary to maintain, operate, replace, remove, relocat e, or renew those facilities until such time as the facilities continuing status are determined.
4. That reserved and excepted from the summary vacation in this Resolution are all easements and other rights, over, under, and across the area to be vacated gran ted to the Port of San Diego by the City of Chula Vista.
5. 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 furt her proof, in the Office of the County Recorder in which the property is located.
6. Upon recordation of this Resolution, the vacation shall be complete.
Resolution No.
Presented by Approved as to form by
Eric C. Crockett Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney