HomeMy WebLinkAboutCC RESO 92-43RESOLUTION NO. 9 2 - 4 3
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, AUTHORIZING
EXECUTION OF ORDER TO VACATE AND CLOSE
THE UNIMPROVED PORTION OF "N" AVENUE NORTH OF 28TH STREET
CASE FILE NO. SC-1-90
WHEREAS, the City Council of the City of National City adopted Resolution No. 91-31
on March 5, 1991, declaring its intention to vacate and close an unimproved portion of "N"
Avenue north of 28th Street more particularly described in Exhibit "A" attached hereto and
incorporated herein as though set forth in full, 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 an unimproved portion of "N" Avenue north of 28th Street 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 has been
done and accomplished, and
WHEREAS, a hearing was held on April 9, 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
Continued on Page 2
Resolution No. 9 2 - 4 3
Page 2 of 2
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, 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.
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 24th day of March, 1992.
Al 1'EST:
LO I III
ANNE PEOPLES, CIZ1Y CLERK
APPROVED AS TO FORM:
Z
GEO GE H. EISER, III -CITY ATTORNEY
EORGE'f . WATERS, MAYOR
EXHIBIT A
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 "N" Avenue, being a portion of 40 acre Lot 1 in Quarter Section 134 of the Rancho
De La Nacion, in the City of National City, County of San Diego, State of California, according to
Map thereof No. 166 of said Rancho made by Geo. S. Morrill in 1868, lying easterly of the east
line of Lot 8, Block 10 of Olivewood Terrace, according to Map thereof no. 1542 filed in the
Office of the County Recorder of said San Diego County on March 8, 1913, and lying westerly of
the westerly line of Lot 1 of Jerauld's Subdivision, according to Map thereof No. 1034 filed in said
Recorders Office on February 26, 1907, and lying northerly of the easterly prolongation of the
south line of said Lot 8, and lying southerly of a straight line running from the northwest corner of
said Lot 1 to the most easterly northeast corner of said Lot 8.
MAA
Note recording information
and return to:
City Clerk of National City
1243 National City Boulevard
National City, CA 91950
ORDER OF VACATION
The City of National City by authority of Resolution No. 92-43 duly adopted on March 24, 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:
That portion of "N" Avenue, being a portion of 40 acre Lot 1 in Quarter Section 134 of the Rancho
De La Nacion, in the City of National City, County of San Diego, State of California, according to
Map thereof No. 166 of said Rancho made by Geo. S. Morrill in 1868, lying easterly of the east
line of Lot 8, Block 10 of Olivewood Terrace, according to Map thereof no. 1542 filed in the
Office of the County Recorder of said San Diego County on March 8, 1913, and lying westerly of
the westerly line of Lot 1 of Jerauld's Subdivision, according to Map thereof No. 1034 filed in said
Recorders Office on February 26, 1907, and lying northerly of the easterly prolongation of the
south line of said Lot 8, and lying southerly of a straight line running from the northwest corner of
said Lot 1 to the most easterly northeast corner of said Lot 8.
Execute this 25th day of March, 1992.
MAYOR
City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On w..4 4 2 7 , 1992, before me, the undersigned a Notary Public in and for said
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 City Clerk of National City that
executed the within instrument and known to me to be the persons who excuted within instrument
on behalf of the municipal corporation therein named, and acknowledged to me that such
municipal corporation executed the within instrument pursuant to a Resolution of its City Council.
Witness my hand and official seal
Notary's name
P,4,- / L. she 7/_
OFFICIAL SEAL
DAVID L. SHELDON
Notary Public-Caiifomia
SAN DIEGO COUNTY
My Comm. EP. Sept. 1.1992
LEGAL DESCRIPTION
Beginning at the Northwest corner of Lot 1 of Jerauld's Subdivision, according to Map
thereof No. 1034; thence along a straight line running from said Northwest corner of Lot
1 to the most Northeasterly corner of Lot 8 of Block 10 of Olivewood Terrace according to
map thereof no. 1542, North 61° 00' 50" West 44.54 feet; thence Southeasterly along the
West line of the East One Half of "N" Avenue; thence South 18° 28' 00" East 72.04 feet to
a point on the Easterly prolongation of the South line of said Lot 8; thence North 71° 00'
00" East 30.00 feet to the West line of said Lot 1; thence Northwesterly along said West line
North 18° 28' 00" West 39.11 feet to the point of beginning.
NAT'L CITY ENGR. DEPT. No. (;) 7 6 5
REF.MARSHALL WILKIN50}4 BY5URYc'INC/DATE 2/92
CKD tJ.7 DATE 2124(920KD C . B . DATE 2/92