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Home My WebLink AboutCC RESO 93-40RESOLUTION NO. 9 3— 40 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, AND RESCINDING RESOLUTION NO. 93-36. 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— 40 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- 40 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 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. BE IT FURTHER RESOLVED that Resolution No. 93-36 is hereby rescinded. PASSED and ADOPTED this 23th day of March, 1993. GEORGE . WATERS, MAYOR ATTEST: ♦ � Jt LO I ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III, CITY ATTORNEY • EffiBIT "e" SC-1992-1 TWENTY FIRST STREET VACATION THAT PORTION OF TWENTY FIRST STREET, IN THE CITY OF NATIONAL CITY, C OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOB1 2, 1882, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT -OP -WAY OF TWENTY FIRST STREE 80 PEET WIDE, SAID POINT ALSO BEING ON THE WESTERLY RIGHT -OP -WAY OF NATIONAL CITY BOULEVARD 100 PEET WIDE, THENCE SOUTHERLY ALONG THE PROLONGATION OF THE WESTERLY RIGHT-OF-WAY 0P SAID NATIONAL CITY BOULEVARD SOUTH 17' 46'02" EAST, 80.00 PEET TO A POINT ON THE SOUTHERLY RIGHT -OP -WAY OF SAID TWENTY FIRST STREET, THENCE WESTERLY ALONG THE ;0UTHERLY RIGHT -OP -WAY OF SAID TWENTY FIRST STREET SOUTH 72' 16'55" WEST, 250.22 PEET TO A POINT ON THE EASTERLY RIGHT -OP -WAY OF R00SEVELT AVENUE 80 PEET WIDE, THENCE NORTHERLY ALONG THE PROLONGATION OP THE EASTERLY RIGHT-OF-WAY OF SAID ROOSEVELT AVENUE, NORTH 17' 45'48" WEST, 80.00 PEET TO A POINT ON NORTHERLY RIGHT -OP -WAY OF SAID TWENTY FIRST STREET. THENCE EASTERLY ALONG THE NORTHERLY RIGHT -OP -WAY 0P SAID TWENTY FIRST STREET NORTE 72' 16'S5" EAST 250.21 FEET TO THE POINT OF BEGINNING. a. a. •trtM • vppiaTtt ewu • n•"cTr•Ma ta•.nss•$ 1 1 1 41"."1"ml STREET 1" "1 " LiJ c., 0 MI MS 1 1 1 1 1 1 1 1 1 1 1 1 0 -.1 1 1 1 1 t- 1 ...J I LLI ,1 IC CC 1.1.1 V) I I 0 0 I CC i ow on ma ma mu 1m ma aa am ma ma misTREETI am oulm Nam mi ma am lim ma I ML PROJECT SITE 1 f I t MAP -27.4 1 1 1 1 1.1.j E CA-RD SOS b STREET VACATION 1 2Dth . CA &OM ?OA:: 41 Rign404-2 SAW . a 1 MAP 2 ata air i L - mar I 4 saw 1 Maw a 22nd r-30 UM ZONE BOUNDARY SCALE: 1 .:200' 1 SC-1992-1 MD-12224 1 NATIONAL CITY PLANNING LLJ STREET 1 1 LOCATION MAP DRN. DATA REVISIONS ORDER OF VACATION The City of National City, by authority of Resolution No. 93-40 duly adopted on March 23, 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 23rd day of March , 1993 /4-1.c}" MAYOR t 0�1 A Cam, �, CityClerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO On mad_ , 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. URfAS COMM. #979999 Z NornavvuwccANroanu SAN DIEGO COUNTY AAm yrn..\.a [k ef1o.•nrrU.e. A.191 ECHIEIT 'A^ SC-1992-1 TWENTY FIRST STREET VACATION THAT PORTION 0? TWENTY FIRST STREET, IN THE CITY OF NATIONAL CITY, C OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO MAP THEREOF ND. 34E, FLED IN TEE OFFICE OF TEE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTDB1 2, 1E82, DESCRIBED AS FOLLOWS: EEG:NN:NG AT A POINT ON TEE NORTHERLY RIGHT -OP -RAY 0? TWENTY FIRST STREE SD FEET WIDE, SAID POINT ALSO BEING ON THE WESTERLY RIGHT -OF -RAY OP NATIONAL CITY BOULEVARD 100 FEE7 WIDE, THENCE SOUTHERLY ALONG THE PROLONGATION 0P THE WESTERLY RIGHT -DP -WAY 0P SAID RATIONAL CITY BOULEVARD SOUTH 17' 46'02" LAST, 15D.O0 FEET TO A POINT ON TH: SOUTHERLY RIGHT -OP -WAY 0P SAID TWENTY FIRST STREET, THENCE WESTERLY ALONG THE -so TEERLY RIGHT -OP -WAY OF SAID TWENTY FIRST STREET SOUTH 72' 16'55" WEST, 250.22 PEET TO A POINT ON THE EASTERLY RIGHT -OP -WAY 0? ROOSEVELT AVENUE BD FEET HIDE, THENCE NORTHERLY ALONG THE PROLONGATION 0P THE EASTERLY RIGHT -OP -RAY 01, SAID ROOSEVELT AVENUE, NORTH 17• 4S'411" WEST, 110.00 PEET TD A POINT ON NORTHERLY RIGHT-DF-WAY OF SAID TWENTY FIRST STREET, THENCE EASTERLY ALONG THE NORTHERLY RIGHT -OP -RAY 0P SAID TWENTY FIRST STREET NORTH 72' 16'55" EAST 250.21 FEET TO THE POINT OF EECINNING. L. 4. ewt.n • as•euasq gory • sils•C•••••. A•rtw