HomeMy WebLinkAboutCC RESO 95-147RESOLUTION NO. 9 5-14 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING EXECUTION OF ORDER
TO VACATE AND CLOSE A PORTION OF WILSON AVENUE
LOCATED ADJACENT TO THE PROPERTY AT THE
NORTHWEST CORNER OF WILSON AVENUE AND 24TH STREET.
APPLICANT: FRED CAMERON
CASE FILE NO.: SC-5-88
WHEREAS, the City Council of the City of National City adopted Resolution No. 15,875
on February 14, 1989, declaring its intention to vacate and close a portion of Wilson Avenue
adjacent to the property at the northwest corner of 24th Street and Wilson 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 a portion of Wilson 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
WHEREAS, a hearing was held on April 25, 1989, 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 is 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
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 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 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 the entire street
vacation area on Wilson 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 to
Section 8324, California Streets and Highways Code.
PASSED AND ADOPTED this 3rd day of October, 1995.
GEORGE I. WATERS, MAYOR
ATTEST:
(9ti 01.Ann-c-
L ANNE PEOPLES, ITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III
CITY ATTORNEY
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NATIONAL CITY PLANNING
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EVISIONS
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