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HomeMy WebLinkAbout1988 CC RESO 15,793RESOLUTION NO. 15,793 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE EASTERLY 117.5 FEET OF THE ALLEY WHICH EXTENDS WESTERLY FROM R AVENUE, BETWEEN 620 AND 630 R AVENUE. CASE FILE NO. SC-3-87 WHEREAS, the City Council of the City of National City adopted Resolution No. 15,480 on December 15, 1987, declaring its intention to vacate and close the easterly 117.5 feet of the alley which extends westerly from R Avenue, between 620 R and 630 R 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 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 easterly 117.5 feet of the alley which extends westerly from R Avenue, between 620 and 630 R Avenue 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 alley have been done and accomplished, and WHEREAS, a hearing was held on January 12, 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, from 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 WHEREAS, the City Council has considered the proposed Negative Declaration No. IS-87-49 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 from the vacation, easement to San Diego Gas and Electric Company. 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 to otherwise protect from all hazards the operation and use of any right hereby reserved. Upon written permission of the San Diego Gas and Electric Company 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. PASSED and ADOPTED this 15th day of November, 1988. AA- cO,22tzs G'EORGE H. WATERS, MAYOR ATTEST: CAMPBELL, CI Y CLERK APPROVED AS TO FORM: AGEO GE H. EISER, III -CITY ATTORNEY ORDER OF VACATION The City of Natio�nnaal City, by authority of Resolution No. ' 713 duly adopted on `1//F" , 19 S', by the City Council of the City of National City, hereby order the vacation of the following street within the City limits of National City: Executed this z z day of 19 3 S1 . CITY CLERK STATE OF CALIFORNIA OJUN'IRY OF SAN DIEGO On // z Z , 19 T ? , before me, the undersigned a Notary Public in for said County and State, personally appeared George Waters, known to me to be the Mayor of the City of National City, and IONE M. CAMPBELL, know to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to a Resolution of its City Council. Witness my hand and official seal. (Notary's signature) Notary's Name '7,4 +/ L 5 f, e EXHIBIT "A" Being a portion of the 15 foot alley ajacent to Lot 38, Block 3 in Bach and Shaules Addition to National City, in the City of National City, County of San Diego, State of California, according to map thereof no. 1072, filed in the office of the County Recorder of San Diego County, July 27, 1907, more particularly described as follows; Beginning at the Southeast corner of said Lot 38, said point also being on the westerly right of way line of "R" Avenue; Thence along said right of way line of "R" Avenue, South 19°00'00" East a distance of 15.00 feet to the Northeast corner of Lot 10, Block 2 in said Map No. 1072; Thence along the northwest line of said Block 2, South 71°00'00" West a distance of 117.50 feet; Thence leaving said northwest line of said Block 2, North 19°00'00" West a distance of 15.00 feet to the Southwest corner of said Lot 38, Block 3; Thence along the Southeast line of said lot 38, North 71°00'00" East a distance of 117.50 feet to the Point of Beginning. Reserving therefrom a utility easement in the interest of San Diego Gas and Electric Company described as follows: The southerly 7.50 feet of the westerly 8.00 feet lying adjacent to and contiguous with the northerly line of Lot 6, Block 2 of Bach and Shaules Addition, according to map thereof No. 1072.