RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA VACATING AN EASEMENT FOR I NGRESS
AND EGRESS FOR DRIVEWAY PURPOSES AND
INCIDENTAL PURPOSES AT 318 FOURTH AVENUE
WHEREAS a 12-foot-wide easement for ingress and egress for driveway purposes and incidental purposes (“easement for ingress and egress for driveway purposes”) was granted to the City of Chula Vista per Document No. 1999-0708562, filed in the Office of the County Recorder of San Diego County on October 21, 1999; and
WHEREAS, on December 20, 2022, South Bay Community Services (“SBCS”) submitted a Design Review application for the approval for a new commercial building located at 318 Fourth Avenue (the “Project”); and
WHEREAS, during the design review process for the Project, it was determined by City staff that the 12-foot-wide easement for ingress and egress for driveway purposes located within the parcel (APNs: 568-181-50) was no longer needed, and no other public facilities were located within the existing easement; and,
WHEREAS, on May 23, 2023, the Zoning Administrator issued a Notice of Decision approving the Design Review Permit DR22 -0030 and imposing to the Project several conditions of approval memorialized in the Notice of Decision. Condition of Approval No. 24 (b) of the Notice of Decision requires SBCS to vacate the 12-foot-wide easement for ingress and egress for driveway purposes along the westerly property line; and
WHEREAS, in accordance with Section 7050 of the California Government Code and Division 9, Part 3, Chapter 4, Sections 8333 through 8335 of the California Streets and Highways Code, this type of vacation may be performed through adoption of a resolution of vacation by the City Council and recordati on of a certified copy of the resolution attested to by the City Clerk under California Streets and Highways Code Section 8336; and
WHEREAS, the precise description of the easement to be vacated is described in Exhibit “A” and depicted in Exhibit “B” attached hereto and made a part thereof; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds, determines, and orders that:
1. That the subject vacation is made in accordance with Section 8335 of the Streets and Highways Code.
2. After conducting the public hearing and considering the evidence, the City Council finds, under California Streets and Highways Code Sections 8333 , that certain easement for ingress and egress for driveway purposes specifically described i n Exhibits “A” and shown or depicted in Exhibit “B” attached hereto and by reference made a part hereof has not been used for the purposes for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
3. That from and after recordation of this Resolution, that certain portion of the easement for ingress and egress for driveway purposes described herein is summarily vacated and no longer constitutes a public service easement.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Clerk to cause a certified copy of the resolution of vacation, attested by the Clerk, without acknowledgement or further proof, to be recorded in the Office of the County Recorder of San Diego County. From and after the date this resolution is recorded, the vacation is complete.
Presented by: Approved as to Form by:
Robert Vacchi Marco A. Verdugo
Interim Director of Development Services City Attorney