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Home My WebLink AboutCC RESO 15,772RESOLUTION NO. 15,772 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CEASE PORTIONS OF 22ND STREET BETWEEN "J" AND "K" AVENUES APPLICANT: CITY-INITINrui CASE FILE NO.: SC-4-88 WHEREAS, the City Council of the City of National City adopted Resolution No. 15,716 on August 23, 1988, declaring its intention to vacate and close portions of 22nd Street between "J" and "K" Avenues 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 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 Omission 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 portions of 22nd Street between "J" and "K" Avenues 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 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 requited by Part 3 of Division 9 of the Streets and Highways Code of the State of California in order to abandon said street/alley has been done and accomplished, and WHEREAS, a' hearing was held on October 11, 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 acid hearing, found, fram all evidence sulxnitted, that `said portions of public right-of-way are unnernssary for present or prospective public street purposes, and are not useful as a nonmotorized trai4sportation 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 proposed Negative Declaration No. IS-88-23 together with any comments received during the public review process, found on the basis of the Initial Study and any comments received that 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, FORE, 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 from the vacation, the permanent right at any time, pursuant to any franchise or renewal thereof, for and on behalf of the San Diego Gas & Electric Company, Pacific Bell, and Cox Cable of San Diego, 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, and for the transportation or distribution of electric energy, through, over, under, upons along and across all portions of the hereinafter described easement: 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 therein, together with the right to otherwise protect fLun all hazards the operation and use of any right hereby reserved. Upon written permission of the public utilities listed heretofore, the owners of the underlying fee magi 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, aver, upon, along and across ',portions of 22nd Street being vacated whidi are located within the southerly half of 22nd Street more particularly described in Exhibit A attached hereto and incorporated herein as x though set forth in full. T% there 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. PASSE) AND ADOPTED this 18th day of October, 1988. RGE H.1TERS , MAYOR A.LThST: APPROVED AS TO FORM: GEORGE EYSER, III -CITY ArIORNEY ORDER OF VACATION The City of National City, by authority of Resolution No. JS 772. duly adopted on / ff , 1988, by the City Council of the City of National City, hereby orders the vacation of the following street within the City limits of National City: See Exhibit "A" Attached. The northerly 25-feet and southerly 25-feet of 22nd Street between "J" and "K" Avenues Executed this ;Z day of (Q - ) , 1988. MAYOR STATE OF CALIFORNIA COUNTY OF SAN DIEGO On CSC Z t...J z 6 , 1988, before me, the undersigned a Notary Public in and for said County and State, personally app Pared GEORGE WATERS, known to me to be the Mayor of the City of National City, and IONE M. CAMPRFTJ., known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and adtnowledged to me that such corporation executed the within instrument pursuant to a Resolution of its City Council. Witness my ha ag 1 fi-^iOFFICIAL SEAL DAVID L. SHELDON Notary SD�N11f000 Hy Comm. Em. Sort 1002 Notary's Name (Notary s signature) EXHIBIT "A" Legal Description Case File No. SC-4-ft Street Vacation Portions of 22nd Street lying between "J" Avenue and "X" L, and a portions of "J" Avenue and 't' Avenue lying between the easterly and the Msbarly prolongation. of the northerly and southerly lines of -aforesaid 220d' Street, adjacent to the southerly line of Block 7 and the northerly line of Block 6 of Wilbur addition as shown on Map 251, in the City of *Atonal City, County of San Diego, State of California, said sap filed in the Aecorder s Office of said County September 2, 1887, sore particularly described as follows: The northerly 25 feet adjacent to the southerly line of Lot 10 and to the westerly prolongation cf said southerly line to the westerly line of the easterly vacated 10 feet of aforesaid "J" Avenue aforesaid Block 7. E?cCEPITN3 that portion lying southwesterly cf a 10 foot radius nave,_ concave to the northeast, and tangent to the aforesaid westerly line of-10 foot vacated "J" Avecnne and to the southerly line of said northerly-25 feet. AND AISO The northerly 25 feet adjacent to the southerly line of Ict 11 and to the easterly prolongation of said southerly line to the easterly line of the westerly vacated 10 feet of aforesaid "K" Avenue, aforesaid Block 7, EXCEPT= that portion lying southeasterly cf a 10 foot radius nave, concave to the northwest, and tangent to the aforesaid easterly line of 10 foot vacated "K" Avenue and to the southerly line of said northerly 25 feet. AND ALSJ The southerly 25 feet adjacent to the northerly line of Lot 1 and to the westerly prolongation of said northerly line to the westerly line of the easterly vacated 10 feet of aforesaid "J" Avenue, aforesaid Block 6. EXCEPTING that portion lying northwesterly of a 10 foot radius curve, concave to the southeast, and tangent to the aforesaid westerly line of 10 foot vacated "J" Avenue and to the northerly line of said southerly 25 fast. AND AZBD The southerly 25 feet adjacent to the northerly line of Lot 20 and to the easterly prolongation of said northerly line to the easterly line of the westerly vacated 10 feet of aforesaid "K" Avenue, aforesaid Block 6. 810CEPT= that portion lying northeasterly of a 10 foot radius curve concave to the south est, and tangent to the aforesaid easterly line of 10 foot vacated "X" Avenue and to the northerly line of said southerly 25 fest. AND EXCEPTING UTILITY AND RESERVING EASEMENTS THEREFROM for and on behalf of San Diego Gas and Electric Company, and Pacific Bell, and Cox Cable of San Diego said easements in, under, over, upon, along and across the southerly portion of 22nd Street adjacent to Lots 1 and 20, aforesaid Block 6, Wilbur Addition, Map No. 251, as 22nd Street is vacated herein. • OZ teX