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HomeMy WebLinkAboutCC RESO 15,042RESOLUTION NO. 15,042 RESOLUTION AUTHORIZING EXECCUTION OF ORDER TO VACATE AND CLOSE PORTIONS OF 19TH STREET BETWEEN WILSON AVENUE AND THE ALLEY WEST OF WILSON AVENUE. (CASE FILE NO. SC-2-86) WHEREAS, the City Council of the City of National City adopted Resolution No. 14,973 on June 10, 1986, declaring its intention to vacate and close portions of 19th Street between Wilson Avenue and the alley west of Wilson 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 portions of 19th Street between Wilson Avenue and the alley west of Wilson Avenue 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 required 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 July 22, 1986, 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 portions of public right-of-way are unnecessary for present or prospective public street purposes, and are 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 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-86-10 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 portions of public right-of-way reserving and excepting from the vacation, a 5-foot wide drainage easement to the City of National City. 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 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 northerly 5-feet of the southerly 25.5 feet being vacated, more particularly described in Exhibit "A" attached hereto and incorporated 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 Code. PASSED and ADOPTED this 12th day of August, 1986. A'rl'EST: Ione, BY: APP NE CAMPBELL 11,-Cit Clerk Ciactair Kile Nbrgan, Geor e H. iser, III -City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No.15,042du1y adopted on 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: STREET VACATION DESCRIPTION ALL THAT PORTION OF 19TH STREET LYING BETWEEN BLOCKS 173 AND 174 OF NATIONAL CITY PER MAP THEREOF NUMBER 348 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WESTERLY CORNER OF LOT 13, BLOCK 174; THENCE NORTH 72°21'40" EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 13, 115.13 FEET; THENCE SOUTH 17°45'41" EAST, 34.50 FEET; THENCE SOUTH 72 °21'40" WEST, 85.19 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 53'20" A DISTANCE OF 47.07 FEET; THENCE NORTH 17°45'00" WEST, 4.56 FEET TO THE POINT OF COMMENCEMENT, TOGETHER WITH THAT PORTION DESCRIBED AS COMMENCING AT THE NORTH WESTERLY CORNER OF LOT 22, BLOCK 173; THENCE NORTH 72°20'28" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 22, 115.15 FEET; THENCE NORTH 17°45'41" WEST, 25.53 FEET; THENCE SOUTH 72°21'40" WEST, 85.42 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81° 30'30" A DISTANCE OF 42.68 FEET; TO THE POINT OF COMMENCEMENT. DRAINAGE EASEMENT RESERVATION DESCRIPTION ALL THAT PORTION OF VACATED 19TH STREET LYING BETWEEN BLOCKS 173 AND 174 OF NATIONAL CITY PER MAP THEREOF NUMBER 348 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 22, BLOCK 173; THENCE NORTH 17°45'41" WEST, ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK 173, 20.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 17°45'41" WEST, 5.00 FEET; THENCE SOUTH 72°21'40" WEST, 85.42 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°33'26" A DISTANCE OF 17.57 FEET; THENCE NORTH 72°21'40" EAST, 102.01 FEET TO THE TRUE POINT OF BEGINNING. Executed this 19thday of Au1986. Kile Morgar4MAyor Ione Campbell, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO On August 19 8§ 19 before me, the undersigned a Notary Public in and for said County and State, personally appeared KILE MORGAN, known to me to be the Mayor of the City of National City, and IONE M. CAMPBELL, known to be 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 Name � L. .S-�Je Notary Public in and for said Sounty and ,4-,% (Notary's Signature) .......... .....i...• ..-...-....�++1 OFFICIAL SEAL 2 DAVID L. SHELDON Notary Pubic California Principal Office In San Diego County My Comm. Exp. Aug. 22. 1988 H******.1.*.. • N • *. N'VFY OYra:T• EXHIBIT "A" STREET VACATION DESCRIPTION ALL THAT PORTION OF 19TH STREET LYING BETWEEN BLOCKS 173 AND 174 OF NATIONAL CITY PER MAP THEREOF NUMBER 348 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WESTERLY CORNER OF LOT 13, BLOCK 174; THENCE NORTH 72°21'40" EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 13, 115.13 FEET; THENCE SOUTH 17° 45'41" EAST, 34.50 FEET; THENCE SOUTH 72 °21'40" WEST, 85.19 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 53'20" A DISTANCE OF 47.07 FEET; THENCE NORTH 17°45'00" WEST, 4.56 FEET TO THE POINT OF COMMENCEMENT, TOGETHER WITH THAT PORTION DESCRIBED AS COMMENCING AT THE NORTH WESTERLY CORNER OF LOT 22, BLOCK 173; THENCE NORTH 72°20'28" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 22, 115.15 FEET; THENCE NORTH 17°45'41" WEST, 25.53 FEET; THENCE SOUTH 72 °21'40" WEST, 85.42 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81° 30'30" A DISTANCE OF 42.68 FEET; TO THE POINT OF COMMENCEMENT. DRAINAGE EASEMENT RESERVATION DESCRIPTION ALL THAT PORTION OF VACATED 19TH STREET LYING BETWEEN BLOCKS 173 AND 174 OF NATIONAL CITY PER MAP THEREOF NUMBER 348 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 22, BLOCK 173; THENCE NORTH 17 45'41" WEST, ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK 173, 20.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 17 °45'41" WEST, 5.00 FEET; THENCE SOUTH 72°21'40" WEST, 85.42 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°33'26" A DISTANCE OF 17.57 FEET; THENCE NORTH 72°21'40" EAST, 102.01 FEET TO THE TRUE POINT OF BEGINNING.