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HomeMy WebLinkAboutCC RESO 91-46RESOLUTION NO. 91-46 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE ALLEY LOCATED ON THE NORTH SIDE OF 16TH STREET BETWEEN COOLIDGE AND HOOVER AVENUES (CASE FILE NO. SC-5-89) WHEREAS, the City Council of the City of National City adopted Resolution No. 16,131 on November 28, 1989, declaring its intention to vacate and close portions of the alley located on the north side of 16th Street between Coolidge and Hoover Avenues 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 alley located on the north side of 16th Street between Coolidge and Hoover Avenues 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 alley have been done and accomplished, and WHEREAS, a hearing was held on February 13, 1990, 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, fLcx.i 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. NOW, TTEREECRE, 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, the permanent right at anytime, or fran time to time, pursuant to any franchise or renewal thereof, for and on behalf of Pacific Bell for access and maintenance of existing telephone facilities. The easement reserved herein is in, under, over, upon, along and across the alley located on the north side of 16th Street between Coolidge and Hoover Avenues 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 to Section 8324, California Streets and Highways Code. PASSED AND ADOrirw this 19th day of March, 1991. ATTEST: �c _ LO ANNE PEOPLES, CITY APPRO AS TO 4 idadi GEO ' ' H. EISER, III CITY ATIORNEY GEORGE H. iNATERS, MAYOR -2- Exhibit A (SC-5-89) THE I ND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF NATIONAL CITY, AND IS DESCRIBED AS FOLLOWS: THE WESTERLY TEN kELV OF LOT 12 IN BLOCK 80, OF NATIONAL CITY, ACCORDING TO PLAT OF NATIONAL CITY MADE BY M.G. WHEELER IN 1869 AND NOW ON FILE IN THE OFFICE OF THE RECORDER OF SAN DIDGO CXUNPY. Witness my hand and official coal. Mote recording information „and return to: City Clerk of National City 1243 National City Blvd., National City, CA 92050 ORDER OF VACATION The City of National City, by authority of Resolution No. 91-46 duly adopted on March 3, 1991, Case File No. SC-5-89, 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: Portions of the alley located on the north side of 16th Street between Coolidge and Hoover Avenues, more particularly described as "The westerly ten feet of Lot 12 in block 80, of National City, according to plat of National City made by N.G. Wheeler in 1869 and now on file in the Office of the Recorder of San Diego County", reserving and excepting from the vacation, the permanent right at anytime, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of Pacific Bell for access and maintenance of existing telephone facilities. The easement reserved herein is in, under, over, upon, along and across the alley located on the north side of 16th Street between Coolidge and Hoover Avenues. Executed this t sr day of alp -it , 1991. Resolution No. STATE OF CALLrWR' IA ODUNTY OF SAN DIES Li P1A On ,9.�,'/ / , 1991, before ne, the undersigned a Notary Public in and for said County and Sate, personally appeared GEORGE WATERS, know to me to be the Mayor of the City of National City, and LORI PEOPLES, known to me to be the persons who executed the within instrument on behalf of the municipal coipiration therein named, and acknowledged to me that such corporation executed the within instrument- p1ratlant to a Resolution of its City Council. a`o�. OFFICIAL SEAL DAVID L SHELDON Notala SAN DIEGO COUNTPubllo-CEdY My Comm. Exp. Sept. 1,1992- �� .. 0 Zems+ 1 (Notary's signature) Notary's Name j2,14v > t.