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HomeMy WebLinkAboutCC RESO 16,321RESOLUTION NO. 16 3 21 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE NORTHERLY 45 FT. OF 24TH STREET AND THE 20 FT. WIDE NORTH/SOUTH ALLEY LOCATED ADJACENT TO THE PROPERTY AT THE NORTHWEST OORNER OF WILSON AVENUE AND 24TH STREET APPLICANT: FRED CAMERON CASE FTTP NO. SC-5-88 WHEREAS, the City Council of the City of National City adopted Resolution No. 15,875 on February 14, 1989, declaring its intention to vacate and close portions of 24th Street and a north/south alley adjacent to the property at the northwest corner of 24th Street and Wilson Avenue more particularly described in Exhibits A and B attached hereto and incoiporated"- 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 spprified 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 24th Street and a north/south alley adjacent to the property at the northwest corner of 24th Street and 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 have been done and accomplished; and WHEREAS, a hearing was held on April 25, 1989, in the City Council Cumbers 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 RIOW, 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, an 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 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 entire street vacation area on 24th Street more particularly described in Exhibits A and B 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 to Section 8324, California Streets and Highways Code. PASSED AND ADOPTED this 28th day of August, 1990. ATTEST: APPROVED AS TO FnR1 4A t. GEORGE H. MISER, III CITY ATTORNEY GEORGE H. WATF 2S,MAYOR EXHIBIT A Case File No. SC-5-88 Legal description of areas to be vacated Legal Description for portion of 24th Street Vacation That portion of 24th Street lying Southeasterly of Biock 169 of National City, according to Map thereof No. 348, filed in the office of the County Recorder of San Diego County, State of California, October 2, 1882, described as follows: Beginning at the Southwest corner of the Easterly 50 feet of Lot 10 of said Block 169; thence Easterly along the Southerly line of said Lot 10 and its Easterly prolongation and the Southerly line of Lot 13 of said Biock 169, said line also being the Northerly right-of-way of 24th Street of said Map No. 348, North 72°17'21" East (North 72°18'40" East Record) to a point 20 feet measured Easterly along the Easterly extension of said Southerly line of Lot 13 from the Southeast corner of said lot; thence South 17°46'06" East 16.96 feet to the beginning of a tangent 28.01 foot radius curve, concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 90°03'27", a distance of 44.03 feet; thence on a tangent line South 72°17'21" West (South 72°18'40" West Record) 177.58 feet; thence North 17°44'57" West 45 feet to the Point of Beginning. NAT'L CITY ENGR. DEPT. No. 6, tr7 REF. BY E L L DATE CKD W .T. DATE 0/6/9OCKD DATE 16348 7/24/90 R.T. EXHIBIT B Case File No. SC-5-88 Legal description of areas to be vacated Legal Description for 20' Alley Vacation All of the 20 foot alley in Block 169 lying between the Southerly right- of-way of 23rd Street and the Northerly right-of-way of 24th Street as said block is shown on Map No. 348 of the City of National City, filed in the office of the County Recorder of San Diego County, State of California on October 2, 1882. NAT'L CITY ENGR. DEPT. No. REF. BY nZ"teLL DATE CKD GJ ,T DATE 13/ ((oCKD DATE a #6348 7/24/90 R.T. 5CRLE:1' =50' NATIONAL CITY t 5)' SITE 1 2 I 3 23Ro STREET (sr. CLOSED) _�SZY RJW 22 ----I v I 20 . I zi 4. 1 I h I ---1 �-- �— — �� -1 `. L'# s i I { J 17 64 (pr - - ---I tn 1 1 6 —I I I --i j7 T5 // (N 72•/8 40 E REC) P.O.B. JO' I 'I 13 S.ECOR-I 30 �L20 1 r— r 20 N72'17'Z1"E N'L jRl T r„, Rs dal:703'Z7" 44 3' }/ W KALE /5 57Z'17' 21 "W 177. 5B' (572.1g'40• W REC.) 24TH STREET 1 cry, .9G 10 j4.95/76.46' fo"E ((' A'� -o'05'27" S` L' 87' R= AREA TO BE VACATED NAT'L CITY ENGR. DEPT. No. A11 STEEN. McCOLL •HO •SSOCI•TES Ylf •E tl.l• E.{." V •oo 04. - 'Otto w. Cerro /DI' .* S. AOC ROC on Fly M.T. noOJ 6,44 Peg/C/A H_MEC0.44. _ -. . C.E14671 Vic I ti! I TY MAP DATE �',0 JOE.10 045 ._ SHEETZ Of Z Sr+EETS 23RD STREET SCALE:1' _50' NAT/ONAL CJTY (sr. cLa5E9) 1 z u —j ----1 2) I 1 ►--3��--Za -----4 ooi -- --I --1 \— act) —I 5 1s 1 $t ('j%% 917 NI 15 1--------I 14 I 10 PI 13 SEACOR� _3� N72'17'2llE — N'LY RIW i 2 (N 72'/8'40'E REC.) f'--- d'03'27"1 R.T. 28.01' I L. 4403' 6 W 9 Al /7'44' 5r W VICINITY MR? 1rDXRLE N 72'17' 21 "E 177. 56' (N72.18'40"E 1ZEC.) 24TH STREET tai �= ere03'27" z La42.87' AREA 7n BE V/WCATED NAT'L CITY ENGR. 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