RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA VACATING A PORTION OF AN EASEMENT
FOR DRAINAGE AND ALL STRUCTURES AND
INCIDENTAL PURPOSES LOCATED AT 434 F STREET
WHEREAS, a 10-foot-wide easement for drainage and all structures and incidental purposes (“easement for drainage purposes”) was granted to the City of Chula Vista from the property owner of 434 F Street per Document No. 85-175037, filed in the Office of the County Recorder of San Diego County on May 17, 1985; and
WHEREAS, on May 23, 2023, the City approved Design Review Permit DR22-0030 subject to conditions of approval for South Bay Community Services (“SBCS”) for the construction of a commercial building at 318 Fourth Avenue that required the partial realignment of the public storm drain within 434 F Street; and
WHEREAS, Condition of Approval No. 24 (c) of the Notice of Decision of Design Review Permit DR22-0030 requires the vacat ion of a portion of the 10 -foot-wide easement for drainage located at 434 F Street (APN: 568-181-33); 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 recordation 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 portion of the easement for drainage purposes to be vacated is described in Exhibit “A” and depicted in Exhibit “B” attached hereto and made a part thereof.
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 portion of the easement for drainage purposes , specifically described in Exhibits “A” and shown or depicted in Exhibit “B” attached hereto and by reference made a part hereof, has been superseded by relocation and there are no other public facilities located within the easement.
3. That from and after recordation of this Resolution, that certain portion of the easement for drainage 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 t he 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