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Home My WebLink AboutCC RESO 93-36RESOLUTION NO. 9 3- 3 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE PORTION OF WEST 21ST STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE. CASE FILE NO. SC-1992-1 WHEREAS, the City Council of the City of National City adopted Resolution No. 92- 186 on October 13, 1992, declaring its intention to vacate and close portions of West 21st Street 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 West 21st Street between National City Boulevard and Roosevelt Avenue 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 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 have been done and accomplished, and CONTINUED ON PAGE 2 Page 2 of 3 Resolution No. 9 3- 3 6 WHEREAS, a hearing was held on October 27, 1992 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 portion of public right-of-way is 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 portion 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-1992-20 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 portion of public right-of-way reserving and excepting from the vacation, an easement to San Diego Gas and Electric for access to and maintenance of existing gas facilities unless such facilities are abandoned to the satisfaction of 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 CONTINUED ON PAGE 3 Page 3 of 3 Resolution No. 9 3- 36 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 West 21st Street between National City Boulevard and Roosevelt Avenue, 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, at such time as building permits are issued for the construction of a new car dealership on the property located on the west side of National City Boulevard between 20th and 22nd Streets, and on the west side of Roosevelt Avenue between 20th and 21st Streets, 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 16th day of March, 1993. GEORGE H. WATERS, MAYOR ATTEST: C� LORD ANNE PEOPLES, CI Y CLERK APPROVED AS TO FORM: GEORGE H. EISER, III, CITY ATTORNEY EXHIBIT "A" SC-1992-1 TWENTY FIRST STREET VACATION THAT PORTION OP TWENTY FIRST STREET, 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 OP SAN DIEGO COUNTY, OCTOBER 2, 1882, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF TWENTY FIRST STREET 80 FEET WIDE, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF NATIONAL CITY BOULEVARD 100 FEET WIDE, THENCE SOUTHERLY ALONG THE PROLONGATION OF THE WESTERLY RIGHT-OF-WAY OP SAID NATIONAL CITY BOULEVARD SOUTH 17° 46'02" EAST, 80.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OP -WAY OF SAID TWENTY FIRST STREET, THENCE WESTERLY ALONG THE OUTHERLY RIGHT-OF-WAY OP SAID TWENTY FIRST STREET SOUTH 72° 16'55" WEST, 50.22 FEET TO A POINT ON THE EASTERLY RIGHT -OP -WAY OP ROOSEVELT AVENUE 80 PEET WIDE, THENCE NORTHERLY ALONG THE PROLONGATION OF THE EASTERLY RIGHT -OP -WAY OF SAID ROOSEVELT AVENUE, NORTH 17° 45'48" WEST, 80.00 PEET TO A POINT ON NORTHERLY RIGHT-OF-WAY OF SAID TWENTY FIRST STREET, THENCE EASTERLY ALONG THE NORTHERLY RIGHT -OP -WAY OF SAID TWENTY FIRST STREET NORTH 72° 16'55" EAST 250.21 FEET TO THE POINT OF BEGINNING. L. A. LIVENS • ASSOCIATES CIYI► • •TAVCAAAAA EMS. .os ■ max ms STREET �� Y6 L IC 2/00 1 .> 2/0/ 2/00 2145 ML- PROJECT SITE arr 2/30 !a STREET' el MAP 4 CA-RD 8038 STREET VACATION NATIONAL CA acr 3M-1- i MS t/H 7 sn33MAP� bil. t/30 i 12/33 • - . 2/32 1 wv L m C 2501 re f0 x re rim 1 1 n 22nd r-' 1 - 1 ZONE BOUNDARY SCALE: 1':200' LOCATION MAP SC-1992-1/PD-1992-6 NATIONAL CITY PLANNING .DRN, DATE 9192 REVISIONS ORDER OF VACATION The City of National City, by authority of Resolution No. 93-36 duly adopted on March 16, 1993, 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: Portion of West 21st Street between National City Boulevard and Roosevelt Avenue, more particularly described in Exhibit "A" attached. Executed this 16th day of March , 1993 Ala.. 1��. V..P Cierk STATE OF CALIFORNIA COUNTY OF SAN DIEGO On March 22 , 1993, before me, the undersigned a Notary Public in and for said County and State, personally appeared GEORGE 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 NORMA P. uaws t� COMM. *979999 t` ►+ate ' 71 ` MY Co m. DSC $*r0.1V90q