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HomeMy WebLinkAboutCC RESO 16,106RESOLUTION NO. 16,106 RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CITE AN UNIMPROVED PORTION OF 12TH STREET BETWEEN D AND E AVENUES, AND OF THE UNIMPROVED PORTION OF THE ALLEY ADJACENT TO THE NORTHWEST SC-2-89 WHEREAS, the City Council of the City of National City, California, hereby declares its intention to vacate and close, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, the unimproved portion of 12th Street between D and E Avenues and the unimproved portion of the alley adjacent to the northwest situated in the City of National City, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full; and WHEREAS, the City of National City will reserve and except from the foregoing vacation the permanent easement as more particularly described hereafter: Reserving and excepting from the vacation, the permanent right at any time, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of the San Diego Gas & Electric Company, to construct, maintain, operate, replace, remove, and renew lines of pipe, conduits, cables, wires, poles, and other related structures, including the necessary use of equipment and fixtures for the operation of gas pipelines, through, over, under, upon, along and across all portions of the hereinafter described easement: The easement and rights hereinabove 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 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 from all hazards the operation and use of any right hereby reserved. Upon written permission of the public utility listed heretofore, the owners of the underlying fee may utilize the above described parcel of land for structures, approved plantings, the installation of privately owned pipelines, and/or other approved usages. Also reserving an easement for the City of National City to provide for access and maintenance of existing drainage and sewer lines. The easements reserved herein are in, under, over, upon, along and across the portions of 12th Street and the alley adjacent to the northwest being vacated more particularly described in Exhibit A, attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 7:00 P.M., January 23 19 90, in the City Council chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of the City of National City, California, is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED AND ADOPTED this 7th day of November, 1989. <� c�-7l� GEORGE H. ERS, MAYOR ATTEST: ANNE PEOPLES, C� CLERK APPROVED AS TO FORM: EXHIBIT A (SC-2-89) THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF NATIONAL CITY, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF 12TH STREET LYING NORTHERLY OF THE NORTHERLY BOUNDARY OF KIMBA L WAY AND WESTERLY OF THE WESTERLY BOUNDARY OF "E" AVENUE, AS SHOWN ON MAP OF CENTER CITY PROJECT AS PER MAP THEREOF NO. 8807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY FEBRUARY 24, 1978 AS FTLF NO. 78- 075321 OFFICIAL RECORDS. ALL THAT PORTION OF THE PUBLIC ALLEY GRANTED TO THE CITY OF NATIONAL CITY BY DEED RECORDED DECEMBER 7, 1948 IN BOOK 3042 PAGE 189 OFFICIAL RECORDS, LYING NORTHERLY OF THE NORTH LINE OF 12TH STREET AS SHOWN ON MAP OF JENNIE M. HOBSON'S SUBDIVISION OF 10 ACRE LOTS 13 AND 14 OF QUARTER SECTION 154 OF RANCHO DE LA NACION, AND EASTERLY OF A LINE 20 FEET EASTERLY OF, PARALLEL LEL WITH, AND CONCENTRIC WITH THE WESTERLY LINE OF SAID ALLEY AS SAID WESTERLY LINE IS SHOWN ON THE MAP OF CENTER CITY PROJECT, ACCORDING TO MAP THEREOF NO. 8807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF TOTS 19, 20 AND 23 OF JENNIE M. HOBSON'S SUBDIVISION OF 10 ACRE LOTS 13 AND 14 OF QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, (AUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1887, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF FEBRUARY 26, 1926.