The URL can be used to link to this page

Home My WebLink AboutCC RESO 14,831RESOLUTION NO. 14,831 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE VESUVIO WAY (AN UNIMPROVED STREET) LYING BETWEEN THE SOUTHERLY LINE OF THE SOUTH BAY FREEWAY AND VALLEY ROAD, AND PORTION OF VALLEY ROAD LYING BETWEEN AVENIDA SAN MIGUEL AND A POINT APPROXIMATELY 950 FEET WESTERLY THEREOF. WHEREAS, the City Council of the City of National City adopted Resolution No. 14.792 on November 12, 1985. declaring its intention to vacate and close Vesuvio Way (an unimproved Street) lying between the southerly line of the South Bay Freeway and Valley Road, and portions of Valley Road lying between Avenida San Miguel and a point approximately 950 feet westerly thereof, 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 proposed vacation and closure of Vesuvio Way (an unimproved street) lying between the southerly line of the South Bay Freeway and Valley Road, and portions of Valley Road lying between Avenida San Miguel and a point approximately 950 feet westerly thereof 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 street/alley has been done and accomplished, and WHEREAS, a hearing was held on December 10, 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/alley 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 street/alley is in conformity with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City clerk are respectively authorized and directed to execute an attest and Order to Vacate the above described street/alley 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 lines of pipe, conduits. and other related structures, including the necessary use of equipment and fixtures for the operation of waterlines, and for the transportation or distribution of water through. 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 any public utility listed heretofore, the owners of the underlying fee may utilize the above described of land for structures, approved plantings. the installation of privately pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across that portion of Vesuvio Way (an unimproved street) lying between the southerly line of the South Bay Freeway and Valley Road, and portion of Valley Road lying between Avendia San Miguel and a point approximately 950 feet westerly thereof. parcel owned 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 17th day of December. 85. ATTEST: Ion Campbell, City �C1erk A PROVED AS TO FORM: at George H. Eiser, III - City Attorney Kile ro on. %'ay SCE-ISZL- 2 Note recording information and return to: City Clerk of National City 1243 National City Blvd. National City, CA 92050 . 11.••• 1871 ORDER OF VACATION The City of National City, by authority of duly adopted on December 17, 1985, by the City 1367 HAY -8 AM 9: 56 Ret ARB R14 831 Council of the City of National City, hereby orders the vacation of the following street/alley within the City limits of National City: NO FEE THOSE PORTIONS OF VALLEY ROAD, ROAD SURVEY NO. 620, AVENIDA SAN MIGUEL, AND VESUVIO WAY, ROAD SURVEY NO. 643, LYING WITHIN QUARTER Sn T'ION 83 OF RANCHO DE LA NACION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 11, 1869, LYING SOUTH OF THE SOUTH LINE OF THE SOUTH BAY FREEWAY, ROAD SURVEY NO. 1379, AND LYING NORTHERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE WEST QUARTER CORNER OF SAID QUARTER SECTION 83; THENCE NORTH 17 0 51' 41" WEST, ALONG THE WEST LINE OF SAID QUARTER SECTION 83, 45.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 72 0 08' 19" EAST, 1419.76 FEET TO A TANGENT, 330 FOOT RADIUS CURVE CONCAVED SOUTHWESTERLY, THENCE SOUTHEASTERLY ALONG SAID CURVE, 201.43 r'r;ea' THROUGH A CENTRAL ANGLE OF 34 0 58' 26" TO A REVERSE, 20.00 FOOT RADIUS CURVE CONCAVED NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 28.55 r'Ehi' THROUGH A CENTRAL ANGLE OF 81 0 47' 12"; THENCE, TANGENT TO SAID CURVE, NORTH 25 0 19' 32" EAST, 51.37 i a' TO A TANGENT, 330 FOOT RADIUS CURVE CONCAVED SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE, 106.44 FEET, THROUGH A CENTRAL ANGLE OF 18 0 28' 47" TO THE POINT OF TERMINUS. Executed this Jz-tE. day of _ 1986. Kile Morgan, Mayor I. e Campbell, Ci Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 4f q y S , 19 « , before me, the undersigned a Notary Public in and for said County and State, personally appeared RILE 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. Witness my hand and official seal. OFFICIALICAL DAVID SHELDON Notary Pub* Came P►inotel Office In San County My Comm ExpoAug. 22, 1988 Notary's Name ",9viP L e ti Notary Public in and for said County and State (Notary's Signature)