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HomeMy WebLinkAboutCC RESO 15,764RESOLUTION NO. 15,764 RESOLUTION AUTHORIZING EXECUTION CUTION OF ORDER TO VACATE AND CLOSE THE WESTERLY 134-FirE OF THE UNIMPROVED PORTION OF 29TH STREET, IAC.A'ri u APPROXIMAi'r;LY 165-kEET EAST OF A AVENUE. CASE FTT.F, NO. SC-2-87 WHEREAS, the City Council of the City of National City adopted Resolution No. 15,479 on December 15, 1987, declaring its intention to vacate and close the westerly 134-feet of the unimproved portion of 29th Street, located approximately 165-feet east of A Avenue, more particularly described in Exhibit A attached hereto and incoipurated 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 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 Caimission of the City of National City, California, has considered the proposed vacation and closure and has found and determined that the saidpLopused vacation and closure of the westerly 134-feet of the unimproved portion of 29th Street, located approximately 165 feet east of A Avenue, is in conformity with the City's adopted General Plan; and that said portions of public nonmotorized transportation facility, as Streets and Highways Code of California, 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 has been done and aL.wuplished, and WHEREAS, a hearing was held on February 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 right-of-way are not useful as a defined in Section 156 of the and is not needed for present or WHEREAS, the City Council at said hearing, found, fran 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, since it is vacant and unimproved and public access is precluded by topography to the east and development to the west; 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, since the street is not designated by the General Plan as a major street; and WHEREAS, the City Council has considered the piup,vsed Negative Declaration No. IS-87-7 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, THEREFORE, 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 portion of public right-of-way, reserving and excepting fran the vacation a 10-foot wide sewer easement for operation and maintenance of an existing 8-inch v.c.p. 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 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 tp otherwise protect fran all hazards the operation and use of any right hereby reserved. Upon written permission of the City 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. The easement reserved herein is in, under, over, upon, along and across the westerly 134-feet of the unimproved portion of 29th Street located approximately 165 feet east of A Avenue, more particularly described in Exhibit A attached hereto and into purated 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 Corse. PASSED AND ADO VW this llth day of October, 1988. EORGE HST WATERS, MAYOR ATTEST: ION1 CAMPBELL, I CLERK — APPROVED AS TO FORM: 1311i- GEORG H. EISER, III -CITY ATTORNEY Ott. S ,_ EXHIBIT "A" DESCRIPTION FOR VACATION OF 29TH STREET CASE FILE NO. SC-2-87 That portion of 29th Street as shown on Budd Villa Tract, Map 1067, Filed in the Office of the San Diego County Recorder, June 19, 1907, more particularly described as follows: Beginning at the intersection of the centerline of the aforementioned 29th Street and the easterly line of the westerly 525 feet of 10 acre Lot 6, Rancho de la Nacion, Map 166, said map filed in the Office of San Diego County Recorder, May 11, 1869, thence easterly along said centerline to an intersection with the northerly prolongation of the centerline of "B" Avenue, as shown on aforesaid Map 1067; thence southerly along said northerly prolongation, distant 40 feet to the southerly line of aforesaid 29th Street; thence westerly along said southerly line to the intersection with the aforesaid .easterly line of the westerly 525 feet of said 10 acre Lot 6; thence northerly along said easterly line, distant 40 feet to the point of beginning. RESERVING THEREFROM: An easement for sewer purposes described as follows: A ten foot wide easement, five feet each side of a line beginning at a point on the westerly line of vacated easterly ten feet of "A" Avenue, aforesaid Map 1067, twenty feet southerly of the centerline of vacated aforesaid 29th Street, thence easterly along a line parallel with the centerline of said 29th Street a distance of 250.65 feet to an angle point therein; thence along a line bearing 51 degrees, 00 minutes 50 seconds left to the intersection with the said centerline of 29th Street, the boundaries of said easement being lengthend or shortened to end on the begiming and ending stations.