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HomeMy WebLinkAboutCC RESO 15,856RESOLUTICX' NO. 15,856 RESOLUTION AUTHORIZING LION OF ORDER TO VACATE AND f'inSF A PORTION OF 16TH STREET AND THE ALLEY BETWEEN 16TH AND 17TH STREETS, HOTH WEST OF WILSON AVENUE. CASE FILE ND. SC-2-88 WHEREAS, the City Council of the City of National City adopted Resolution No. 15,671 on July 5, 1988, declaring its intention to vacate and close a portion of 16th Street and the alley between 16th and 17th Streets, both west of Wilson Avenue, more particularly described in Exhibit A attached hereto and incorporated herein as though set forth in full, excepting therefrom certain public easements, as more particularly described hereafter, in the City of National City, County of San Diego, State of California, and WHEREAS, the City EnginPr of the City of National City, California, has caused notice of said vacation and closure to be posted in the manner specified by law, and WHEREAS, the Planning Commission of the City of National City, California, has considered the proposed vacation and closure and has found and determined that the said proposed vacation and closure of a portion of 16th Street and the alley between 16th and 17th Streets, both west of Wilson Avenue, is in conformity with the City's adopted General Plan; and that said portions of public right-of-way are not useful as a nonmotorized transportation facility, as defined in Section 156 of the Streets and Highways Code of California, and are not needed for present or prospective public use, and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure, and WHEREAS, all things and acts necessary to be done as requiLrzi by Part 3 of Division 9 of the Streets and Highways Code of the State of California in order to abandon said street/alley have been done and accomplished, and WIEREAS, a hearing was held on August 9, 1988, in the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard, and WHEREAS, the City Council at said hearing, found, fran all evidence submitted, that said portions of public right-of-way are unnecessary for present or prospective public street puxposPq, and are not useful as a nonmotorized transportation facility, as defined in Section 156 of the California Streets and Highways Code; and WHEREAS, the City Council at said hearing further found that vacation and closure of said portions of public right-of-way is in conformity with the adopted General Plan; and WHEREAS, the City Council has considered the p uposed Negative Declaration No. IS-88-19 together with any comments received during the public review process, found on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approved the Negative Declaration, and authorized the filing of a Notice of Determination. NOW, 'ICE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order to Vacate the above described portions of public right-of-way reserving and excepting fran the vacation, the following easements: A. FOR AND ON BEHALF OF SAN DIECIO GAS & ELECTRIC COMPANY - The westerly 5-ft. of alley lying adjacent to Lots 1 thru 6, Block 176, and that portion of 16th St. lying between the northerly line of Block 176 and the southerly line of Block 177, between the northerly prolongation of the westerly line of the alley and the northerly prolongation of the easterly line of Block 176, Map 348. B. FOR AND ON BEHALF OF PACIFIC REM - The southerly 15-ft. of 16th St. adjacent to the easterly 25-ft. of the northerly line of Block 176, Map 348. C. FOR AND ON BEHALF OF SWEEIWArkit AUTHORITY - The northerly 40-ft. of 16th St. between the northerly prolongation of the westerly line of the alley and the northerly prolongation of the easterly line of Block 176, Map 348. The easement reserved and excepted hall include the right of ingress thereto and egress therefrom, together with the right to maintain the said easement free and clear of any excavation or fills, the erection or construction of any building or other structures, the planting of any tree or trees thereon, or the drilling or digging of any well or wells thereon, together with the right to otherwise protect fran all hazards the operation and use of any right hereby reserved. The easements reserved herein are in, under, over, upon, along and across those portions of 16th St. and adjacent alley as more particularly described in Exhibit A attached hereto and incorporated herein as though set forth in full. 2. The City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8324, California Streets and Highways Code. PASSry AND ADOPTED this 10th day of January ATTEST: L I ANNE PEOPLES, ITY CLERK APPROVED AS TO E RM: GEORGE H. EISER, III -CITY ATTORNEY ;4. , 19 89 I,'-. (, 1- GEORGE H. WATERS, MAYOR EXHIBIT "A 1 line of Block 176, and portionA of 16th Street lying between the Northerly in afoot Block k176 176, theand also the f filed Block the the ] n and line of Block NationalMap No. 348 tYrereo City 2 October 1882, in the State as shown and dedicated n Diego County of California,w Office cou ly described as follows: of Caforna. urge phi 176, thence Westerly of aforesaid Block Alley es said along at the Northeast ineoo r the Easterly line of the Beginning l line thereof to _ l� � the Southerly line of the Northerly l along Easterly Bforaforesaid thenceo Southerly Westerly along the Westerly prolongation Alley; ey Block of said Blockle Westerly line of aforesaid Southerly linee176tto line and its Northerly prolongation to along said thence ugly along said Westerly 177; thence Easterlyl the Southerly line of aforesaid Block 177; thence Southerly line to the Southeast corner of said Block 17 of beginning. to Southerly of aforesaid Block 176; the point to the Northeast corner NAT L CITY Lt:GR, DEi T. No. BY Rea DATE 9 B CI:D / 1 T DATE Be CKD DATE