Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO VACATE PORTION OF A STORM DRAIN EASEMENT
WITHIN PARCEL 8 OF PARCEL MAP NO. 19543
WHEREAS, the property owner of 1190 Broadway (Parcel 8 of Parcel Map No. 19543) has requested the vacation of a portion of a 15 -foot wide relocated storm drain easement that dissects its property (“Vacation Easement Area”) and has offered in its place another replacement storm drain easement to the City that will be located close to the property line allowing the property owner to have better use of their land; and
WHEREAS, the California Government Code Section 7050 authorizes a city to summarily vacate a public service or utility easement by resolution of the legislative body when the easement area has been relocated and no present or prospective public use will be impaired. California Streets and Highways Code Section 8333(c) further allows a city council to summarily vacate a public service or utility easement without a public hearing when the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public utility facilities located within the easement; and
WHEREAS, the Streets and Highways Code Section 8335 provides that, when a public service or utility easement vacation qualifies under Section 8333, the vacation may be completed by adoption of a resolution of vacation and recordation of a certified copy of the resolution with the County Recorder; and
WHEREAS, City staff recommends vacating the remaining portion of the portion of a 15-foot wide storm drain easement that dissects its property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543; and
WHEREAS, in accord ance with California Streets and Highways Code Section 8335 of the California Streets and Highways Code, the summary vacation of the remaining portion of the portion of a 15-foot wide relocated storm drain easement that dissects its property, or the Vacati on Easement area, located on Parcel 8 of Parcel Map No. 19543, as depicted by Exhibit “A” and Exhibit “B” attached hereto and by reference made a part hereof, may be performed through adoption of a resolution ordering said summary vacation; and
WHEREAS, t he City Council has reviewed the proposed activity for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act Stat e Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, if the activity is deemed to be a “Project”, then it qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no further environmental review is necessary; and
WHEREAS, the City Council reviewed and considered the Staff Report and related materials on this matter; and
WHEREAS, consistent with ap plicable law, the City Council duly held a duly noticed public meeting on May 19, 2026, at 5:00 p.m. in the City Council Chambers, to consider the proposed vacation this the remaining portion of the portion of a 15-foot wide relocated storm drain easement that dissects its property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543.
Resolution No.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, finds, determines and orders that:
1. The Recitals stated in this Resolution above are incorporated fully by reference into these findings and actions.
2. After conducting the public meeting and considering the materials on this matter, the City Council finds under California Streets and Highwa ys Code Sections 8333 and 8335 that. the certain remaining portion of the portion of a 15 -foot wide storm drain easement that dissects the subject property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543, as specifically describ ed in Exhibit “A” and shown or depicted in Exhibit “B” attached hereto and by reference made a part of this Resolution (a) has been superseded by relocation with a replacement public utility easement granted to the City on the subject property, or determin ed to be excess by the City, and (b) there are no other public utility facilities located within the easement area to be vacated.
3. That from and after recordation of this Resolution, that certain remaining portion of the portion of a 15-foot wide relocated storm drain easement that dissects the subject property, or the Vacation Easement area, located on Parcel 8 of Parcel Map No. 19543, as specifically described in Exhibit “A” and shown or depicted in Exhibit “B” attached hereto and by reference made a part of this Resolution, is summarily vacated under Streets and Highways Code Sections 8333 and 8335, and shall not constitute a public service or utility easement.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the City Clerk is hereby directed to cause a certified copy of this Resolution of vacation, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of the San Diego County. Upon r ecordation of the Resolution, the public service or utility easement vacation is deemed complete.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
Resolution No.
EXHIBIT A
PUBLIC SERVICE AND UTILITY EASEMENT VACATION LEGAL
Resolution No.
EXHIBIT B
PUBLIC SERVICE AND UTILITY EASEMENT VACATION PLAT