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HomeMy WebLinkAboutCC RESO 91-87RESOLUTION NO. 91- 8 7 RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE AN UNIT T i OV,J) PORTION OF "R1° AV UUE, SOUTH OF 9TH STR= . APPLICANT: RICHARD DICi.'ERSON CASE TTLE NO. SC-3-89 WHEREAS, the City Council of the City of National City adopted Resolution No. 16,206 on March 27, 1990, declaring its intention to vacate and close the unimproved portion of "Ri1 Avenue approximately' 7 ft. in width, extending 89 ft. south of "R" Avenue's intersection with E. 9th Street more particularly described in Ekhibit "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 Cammission of the City of National City, California, has considered the proposed vacation and closure and has found and determined that the said, propose vacation and closure of the unimproved mproved portion of "R" Avenue approximately 7 ft. in width, extending 89 ft. south of "R" Avenue's intersection with E. 9th Street, is in conformity with the City's adopted General Plan; and that said portion of public right- of-way 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 WHL EAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure, and 'I -A -PEAS, 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 accamplished, and WHEREAS, a hearing was held on May 8, 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 he-~ing, found, from all evidence submitted, that said portion of public right-of-way 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 CONTINUED ON PAC r 2 Resolution No. 91-87 Page 2 of 2 WHEREAS, the City Council at Said hearing further found that vacation and closure of said portion of public right-of-way is in conformity with the adopted General Plan; and NOW, Ti-it ''ORE, 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 & Electric. 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 fco 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 area of the street vacation more particularly describe in Exhibit "A17 attached hereto and incoLo rated 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 bP recorded in the office of the County Reorder of San Diego County, pursuant Section 8324, California Streets and Highways Cede. PASSED AND A ADOPTTED this 14th day of May , 1991 ,_sex--c r J J� GE '2GE H. WATERS, MAYOR A'rAST: FA LfArs—il q{:fez2_, ANCdE Pr"7JPT,FS CITY APPROVED AS TO FOR 1: GEORGE H. EISER, III CITY ATTORNEY EXHIBIT 'A' (SC-3-89) The land referred to herein Is situated In the State of California. County of San Diego, City of National City, and is described as follows: That Portion of 80 acre Lot 1 In quarter section 129 of Rancho De La Nacbn. in the City of National City. County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego, May• 11, 1869. described as follows: Beginning at a point on the most northerly line of Parcel 2 of Parcel Map 8067, recorded In the office of the County Recorder of Said County, November 17, 1978, distant theron S71.46'001W 22.95 feet from the centerline of 'R' Avenue as shown on Said Map; thence continuing 871.46'00W 7.05 feet to the westerly line of Said :'R' Aveme; thanes S18.14'00'E, along the Said Westeny Une, 89.75 feet to a point on the boundary of Said Parcel 2; thence along the boundary of Said Parcel 2, N71.38'00'E 726 feet and N1r22'00'W 89.73 feet to the point of begkming. Note recording information and return to: City Clerk of National City 1243 National City Blvd. National City, CA 91950 ORDER OF VACATION The City of National City, by authority of Resolution No. 91-87 duly adopted on MAY 14th , 1991, 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: See attached Exhibit "A" Executed this 17th day of MAY 1991.4011eAA MAY �,•"""'^"' ram*., STATE OF CALfFORNIA COUNTY OF SAN DIEGO C YC PR_ A • CI CLERK On iyl yy / 7 1991, before me, the undersigned a Notary Public ih and for said County and State, personally appeared George H. Waters, known to me to be the mayor of the City of National City, and Lori A. Peoples, 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 Notary's name Jgvia L. ,5/.44,06.�.. Notary s s gnature DA IDICLI SHEL FFAL ON N � �� SA COUNTY MN Comm. BO. &M t.1992 EXHIBIT 'A' (SC-3-89) The land roferred to herein is situated in the State of California, County of San Diego, City of National City, and is described as bllows: That Portion of 80 acre Lot 1 in quarter section 129 of Rancho De LsNadon, In the City of National City. County of San Diego, State of California, according to Map thereof No. 168, flied In the office of the County Recorder of San Diego, May• 11, 1869, described as follows: Beginning at a point on the most northerly line of Parcel 2 of Parcel Map 8067, recorded in the office of the County Recorder of Said County, November 17, 1978, distant theron 871.46'00'W 22.95 feet from the oerdertine of 'R' Avenue as shown on Said Map; thence continuing 871.46'OOW 7.05 feet b the westerly One of Setd:'R' Avenue; thine, S18•141XPE, along the Said Westerly Une, 89.75 feet to a point on the boundary of Said Parcel 2; thence along the boundary of Said Parcel 2, N71•38'00'E 7.26 Met and N1872'00161 89.73 bet b the point of beginning.