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Home My WebLink AboutCC RESO 92-3RESOLUTION NO. 9 2- 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE ALLEY LOCATED ON THE EAST SIDE OF ROOSEVELT AVENUE BETWEEN 12TH STREET AND CIVIC CENTER DRIVE, AND ON THE NORTH SIDE OF CIVIC CENTER DRIVE BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE. CASE FILE NO. SC-1991-1 WHEREAS, the City Council of the City of National City adopted Resolution No. 91-202 on October 15, 1991, declaring its intention to vacate and close portions of the alley located on the east side of Roosevelt Avenue between 12th Street and Civic Center Drive, and on the north side of Civic Center Drive between National City Boulevard and Roosevelt Avenue 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 east side of Roosevelt Avenue between 12th Street and Civic Center Drive, and on the north side of Civic Center Drive between National City Boulevard and Roosevelt 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 alley has been done and accomplished, and Continued on Page 2 Resolution No. 9 2 - 3 Page 2 of 3 WHEREAS, a hearing was held on November 12, 1991, 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 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 WHEREAS, the City Council has considered the proposed Negative Declaration No. IS- 1991-15 together with any comments received during the public review process, found on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approved the Negative Declaration, and authorized the filing of a Notice of Determination. NOW, 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, the permanent right at any time, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of Cox Cable Company and Pacific Bell for maintenance of existing cable and telephone facilities. The easements reserved herein are in, under, over, upon, along and across the alley located on the east side of Roosevelt Avenue between 12th Street and Civic Center Drive, and on the north side of Civic Center Drive between National City Boulevard and Roosevelt Avenue. 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. Continued on Page 3 Resolution No. 9 2 - 3 Page 3 of 3 PASSED and ADOPTED this 7th day of January, 1992. A!TEST: A,. i2„, LO I ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: GEORGE 0 g„..003 H. EISER, III -CITY ATTORNEY GEORGE ' WATERS, MAYOR EXHIBIT "A° Case File No. SC-1991-1 Lot 6, the north 25 feet of lots 11 and 12 and the east 16 2/3 feet of the south 100 feet of lot 12, all in block 13 of National City, in the City of National City, County of San Diego, State of California, according to map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882, reserving and excepting from the vacation, the permanent right at any time, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of Cox Cable Company and Pacific Bell for maintenance of existing cable and telephone facilities. The easements reserved herein are in, under, over, upon, along and across the alley located on the east side of Roosevelt Avenue between 12th Street and Civic Center Drive, and on the north side of Civic Center Drive between National City Boulevard and Roosevelt Avenue. i Note recording information and return to: City Clerk of National City 1243 National City Boulevard National City, CA 91950 OR— DER OF VA aT ION The City of National City by authority of Resolution No. 1992, 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 east side of Roosevelt Avenue between 12th Street and Civic Center Drive, and on the north side of Civic Center Drive between National City Boulevard and Roosevelt Avenue, more particularly described as Lot 6, the north 25 feet of lots 11 and 12 and the east 16 2/3 feet of the south 100 feet of lot 12, all in block 13 of National City, in the City of National City, County of San Diego, State of California, according to map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882, reserving and excepting from the vacation, the permanent right at any time, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of Cox Cable Company and Pacific Bell for maintenance of existing cable and telephone facilities. The easements reserved herein are in, under, over, upon, along and across the alley located on the east side of Roosevelt Avenue between 12th Street and Civic Center Drive, and on the north side of Civic Center Drive between National City Boulevard and Roosevelt Avenue. Execute this 9 t h day of January , 1992. Ci Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO On �a� y0.47 q , 1992, before me, the undersigned a Not ary bc in and for s County and State, personally appeared George H. Waters, know 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 withiny 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 signature Notary's name OFFICIAL SEAL DAVID L. SHELDON Notary Pubtic-Califomla SAN DIEGO COUNTY M Comm. Exp. Sept. 1, 199E