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HomeMy WebLinkAboutCC RESO 14,585RESOLUTION NO. 14,585 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THAT PORITON OF WILSON AVENUE LYING BETWEEN 12TH STREET AND CIVIC CENTER DRIVE WHEREAS, the City Council of the City of National City adopted Resolution No. 14,496 on November 27, 1984, declaring its intention to vacate and close the southerly portion of Wilson Avenue between 12th Street and Civic Center Drive, excepting therefrom certain public easements, in the City of National City, County of San Diego, State of California, and WHEREAS, said southerly portion of Wilson Avenue between 12th Street and Civic Center Drive, excepting therefrom certain public easements, is more particularly shown in Exhibit "A", attached hereto and was incorporated by reference, 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 has considered the proposed vacation and closure and has found and determined that the proposed vacation and closure of the southerly portion of Wilson avenue betweeen 12th Street and Civic Center Drive, excepting therefrom certain public easements, is in conformity with the General Plan, and that said poriton of Wilson Avenue 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 1.1,••, 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 have been done and accomplished, and WHEREAS, a hearing was held on Tuesday, January 8, 1985, 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 street is unnecessary for present or prospective public street purposes, and WHEREAS, the City Council at said hearing further found that vacation and closure of said street is in conformity with the adopted General Plan. WHEREAS, the City Council at said hearing further found that said street is not useful as a nonmotorized transportation facility, as defined in Section 156 of the Streets and Highways Code. NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: ATTEST: 1. That the Mayor and the City Clerk are respectfully authorized and directed to execute and attest an Order of Vacation of the above described street. 2. The City Clerk is hereby authorized and directed to cause a certified copy of subject order to be re- corded in the Office of the County Recorder of San Diego County, pursuant to Section 8324, California Streets and Highways Code. PASSED AND ADOPTED this 2nd day of April, 1985. MAYOR ORDER OF VACATION The City of National City, by authority of Resolution No. 14,585 duly adopted on April 2, 1985, 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: that portion of Wilson Avenue lying between 12th Street and Civic Center Drive. Executed thisggi day of April, 1985. MAYOR CIT CIT STATE OF CALIFORNIA COUNTY OF SAN DIEGO CLERK On e.c.Z 3 , 19 F,5 , before me, the undersigned a Notity 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 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. 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Eq,. ,,s teroWYVVO•VaPe•areleaVVV•'•'•%."•%•••••!A"' Notary's Name Notary's Signatur Notary Public in and for said County and State EXHIBIT "A" TO RESOLUTION NO. 14,585 An easement for storm and sewer drainage purposes described as follows: That portion of land in the City of National City, County of San Diego, State of California according to Map No. 348 recorded in the Recorder's Office of said County on October 2, 1882, described as follows: Beginning at the southwest corner of block 141 in said Map 348; thence north 54° 59' 00" west, 66.12 feet to the TRUE POINT OF BEGINNING, thence continuing north 54° 59' 00" west 66.12 feet to an intersection with the west line of 80 feet wide Wilson Avenue (formerly Fifth Avenue) thence along the west line of said Wilson Avenue, north 17° 45' 09" west 44.72 feet, thence leaving said westerly line, north 72° 14' 51" east 40 feet; thence south 17° 45' 09' east a distance of 97.36 feet to the TRUE POINT OF BEGINNING. Also reserving and excepting from the vacation, subject and subordinate to the aforementioned easement to the City of National City, the permanent right at any time, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of the Sweetwater Authority, to construct, maintain, operate, replace, remove, and renew facilities and other related structures, including the necessary use of equipment and fixtures over, under, upon, along and across all portions of the hereinafter described easement: The easements 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 City and 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. The easement reserved herein is in, under, over, upon, along and across that portion of Wilson Avenue between 12th Street and Civic Center Drive, more particularly described as: That portion of land in the City of National City, County of San Diego, State of California according to Map No. 348 recorded in the Recorder's Office of said County on October 2, 1882, described as follows: Beginning at the southwest corner of block 141 in said Map 348; thence north 54° 59' 00" west, 132.24 feet to an intersection with the west line of 80 feet wide Wilson Avenue (formerly Fifth Avenue); thence along the west line of said Wilson Avenue, north 17° 45' 09" west 44.72 feet; thence leaving said westerly line, north 72° 14' 51" east 80 feet; thence south 17° 45' 09" east along the east line of Wilson Avenue a distance of 150 feet to the point of beginning.