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HomeMy WebLinkAboutCC RESO 15,949WHEREAS, ,-,Resolution vacate and Avenue and National "A" attached hereto excepting therefiu't described hereafter, RESOLUTION NO. 15,949 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE SOUTHERLY 3 r'I I OF 7TH STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD. CASE FTT.F. NO. SC-6-88 the City Council of No. 15,807 on December close the southerly 3 City Boulevard the City of National City adopted 6, 1988, declaring its intention to feet of 7th Street between Roosevelt more particularly described in Exhibit and incoLp)rated certain herein as though set forth in full, public easements, in the City of as more particularly National City, County of San Diego, State of California, and WHEREAS, the City Engineer 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 the �. southerly 3 feet of 7th Street between Roosevelt Avenue and National City Boulevard is in conformity with the City's adopted General Plan; and that said portion of public right-of-way is not useful as a nonmotorized transportation facility, as defined in Section 156 of the Streets and Highways Code of California, and is 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 required by Part 3 of Division 9 of the Streets and Highways Code of the State of California in order to abandon Said street have been done and accomplished, and WHEREAS, a hearing was held on February 28, 1989, 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 the City Council at said hearing, found, frcrn all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective public street purposes, and is 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 portion of public right-of-way is in conformity with the adopted General Plan; and NOW, 1. ?IRE, RE IT RESOLVED as follows: 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 from the vacation, an easement to San Diego Gas & Electric. The easement reserved and excepted shall 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 or construction of any building or other structures, the erection planting of any tree or trees thereon, or the drilling or digging of any well or wells otherwise protect from right hereby reserved. thereon, together with the right to all hazards the operation and use of any Upon written permission of the City the owners of the underlying fcc may utilize the above described parcel of land for structures, approved plantings, the installation of privately owned pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across the entire area of the street vacation more particularly described in Exhibit "A" attached hereto and incoLpvrated 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 Strccts and Highways Code. PASSED AND ADOPTED this 9 th day of May ATTEST: 6A.k. ANNE PEOPLES, ITY CLERK APPROVED AS TO FORM: , 19 89 . G ORGE H! WATERS, MAYOR JN 10879A OCTOBER 19. 1988 EXHIBIT "A" LEGAL DESCRIPTION SC-6-88 STREET VACATION: 11 that portion of SEVENTH STREET as shown onMap of National of o. State City. in the City of National City. County of San California. according to Map thereof No. 348. filed in the Office of the County Recorder of San Diego County, October 2. 1882. described as follows: Beginning at the Northeast corner of Block 8 of said Map No. 348: thence along the Northerly line of said Block 8, South 72 DEG 16' 20" West a distance of 250.07 feet to the Northwest corner thereof: thence North 27 DEG 16' 20" East a distance of 4.24 feet to a line parallel to and 3.00 feet Northerly, measured at right angles. with said Northerly line of Block 8: thence along said parallel line. North 72 DEG 16' 20" East a distance of 247.07 feet to the Northerly prolongation of the Westerly line of National City Boulevard; thence along said prolongation. South 17 DEG 44' 31" East a distance of 3.00 feet to the POINT OF BEGINNING. 3:AT 1. C;-:1 L.::+i:. ri_. 1. No. 5 3 4-- S. Co• n 0s �� }:D DATE // Z- CKDDM I __._ ... o � EXHIBIT "A" LEGAL DESCRIPTION SC-6-88 STREET VACATION: A11 that portion of SEVENTH STREET as shown on Map of National City. in the City of National City. County of San Diego, State of California. according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882, described as follows: Beginning at the Northeast corner of Block 8 of said Map No. 348: thence along the Northerly line of said Block 8. South 72 DEG 16• 20" West a distance of 250.07 feet to the Northwest corner thereof=thence North 27 DEG 16. 20" East a distance of 4.24 feet to a line parallel to and 3.00 feet Northerly, measured at right angles, with said Northerly line of Block 8= thence along said parallel line. North 72 DEO 16. 20" East a distance of 247.07 feet to the Northerly prolongation of the Westerly line of National City Boulevard: thence along said prolongation. South 17 DEG 44. 31" East a distance of 3.00 feet to the POINT OF BEGINNING.