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HomeMy WebLinkAboutCC RESO 96-107RESOLUTION NO. 96-107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF WEST 12TH STREET BETWEEN McKINLEY AVENUE AND INTERSTATE 5. CASE FILE NO.: SC-1996-1 WHEREAS, the City Council of the City of National City adopted Resolution No. 96-59 on May 14, 1996, declaring its intention to vacate and close a portion of West 12th Street between McKinley Avenue and Interstate 5, 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 a portion of West 12th Street between McKinley Avenue and Interstate 5, 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 June 11, 1996, 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 CONTINUED ON PAGE 2 Page 2 of 2 Resolution No. 96-107 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-1996-1 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. 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. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 16th day of July, 1996. ATTEST: LO ANN PEOPLES, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III, CITY ATTORNEY . WATERS, MAYOR EXHIBIT "A" LEGAL DESCRIPTION (PORTION OF TWELFTH STREET) (TO BE VACATED) THAT PORTION OF TWELFTH STREET LYING BETWEEN MCKINLEY AVENUE (FORMERLY SEVENTH AVENUE) AND THE EASTERLY LINE OF TAFT AVENUE (FORMERLY SIXTH AVENUE) ADJACENT AND CONTIGUOUS TO THE SOUTHERLY LINE OF BLOCK 204 AND THE NORTHERLY LINE OF BLOCK 205 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. EXCEPTING THAT PORTION OF THE NORTHERLY HALF OF TWELFTH STREET LYING WESTERLY OF A LINE DRAWN AT RIGHT ANGLES TO A POINT ON THE SOUTHERLY LINE OF SAID BLOCK 204 THAT IS WESTERLY 178.00 FEET, MEASURED ALONG THE SOUTHERLY LINE OF SAID BLOCK 204 AND ITS EASTERLY EXTENSION, FROM THE SOUTHWESTERLY CORNER OF BLOCK 181 OF SAID NATIONAL CITY, AND THAT PORTION OF THE SOUTHERLY HALF OF TWELFTH STREET LYING WESTERLY OF THE EASTERLY 90.00 FEET OF SAID BLOCK 205. ALSO: EXCEPTING THAT PORTION OF TWELFTH STREET LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BLOCK 205 OF SAID NATIONAL CITY, DISTANT ALONG SAID SOUTHERLY LINE, SOUTH 72°14'25" WEST, 90.07 FEET FROM THE SOUTHEASTERLY CORNER OF SAID BLOCK; THENCE NORTH 13°39'44" EAST, 146.64 FEET; THENCE NORTH 8°24'24" EAST, 228.57 FEET TO THE SOUTHERLY LINE OF SAID BLOCK 181, DISTANT ALONG THE LAST SAID SOUTHERLY LINE, NORTH 72°14'25" EAST, 7.18 FEET FROM THE SOUTHWESTERLY CORNER OF SAID BLOCK 181. ALSO: RESERVING A 20.00 FOOT EASEMENT TO THE SWEETWATER AUTHORITY FOR WATER MAIN PURPOSES, AND APPURTENANCES, OVER, UNDER, UPON AND ACROSS THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 30.00 FEET OF SAID TWELFTH STREET TO BE VACATED AND NO BUILDINGS AND/OR STRUCTURES MAY BE ERECTED, WALLS CONSTRUCTED, FENCES BUILT NOR TREES PLANTED WITHIN THE EASEMENT WITHOUT PRIOR WRITTEN APPROVAL OF THE AUTHORITY. TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF MAINTENANCE AND CONSTRUCTION. ALSO: RESERVING A 10.00 FOOT EASEMENT TO THE CITY OF NATIONAL CITY FOR STORM DRAIN PURPOSES, AND APPURTENANCES, OVER, UNDER, UPON AND ACROSS A PORTION OF TWELFTH STREET TO BE VACATED AND NO BUILDINGS AND/OR STRUCTURES MAY BE ERECTED, WALLS CONSTRUCTED, FENCES BUILT NOR TREES PLANTED WITHIN THE EASEMENT WITHOUT PRIOR WRITTEN APPROVAL OF THE CITY, THE CENTERLINE OF SAID 10.00 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 205; THENCE, ALONG THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID BLOCK, 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTHERLY AND PERPENDICULAR TO SAID LINE, 65.00 FEET; THENCE WESTERLY 38.00 FEET, ALONG A LINE PARALLEL TO AND DISTANT 15.00 FEET, MEASURED AT A RIGHT ANGLE FROM THE SOUTHERLY LINE OF SAID BLOCK 204, AND ITS EASTERLY EXTENSION, TO THE TERMINUS. TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF MAINTENANCE AND CONSTRUCTION. ALSO: RESERVING A 15.00 FOOT EASEMENT TO THE CITY OF NATIONAL CITY FOR SEWER MAIN PURPOSES, AND APPURTENANCES, OVER, UPON, UNDER AND ACROSS A PORTION OF TWELFTH STREET TO BE VACATED, AND NO BUILDINGS AND/OR STRUCTURES MAY BE ERECTED, WALLS CONSTRUCTED, FENCES BUILT NOR TREES PLANTED WITHIN THE EASEMENT WITHOUT PRIOR WRITTEN APPROVAL OF THE CITY, THE CENTERLINE OF SAID 15.00 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 90.00 FEET WESTERLY OF THE NORTHEAST CORNER OF SAID BLOCK 205, MEASURED ALONG THE NORTHERLY LINE THEREOF AND 27.00 FEET NORTHERLY OF SAID NORTHERLY LINE; THENCE EASTERLY 130.00 FEET, ALONG A LINE PARALLEL TO AND DISTANT 27.00 FEET, MEASURED AT A RIGHT ANGLE FROM THE NORTHERLY LINE OF BLOCK 205, TO AN ANGLE POINT; THENCE NORTHERLY, IN A STRAIGHT LINE, TO A POINT THAT IS 50.00 FEET EASTERLY, ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID BLOCK 204, FROM THE SOUTHEAST CORNER THEREOF AND 6.00 FEET SOUTHERLY, MEASURED AT A RIGHT ANGLE, FROM SAID EASTERLY EXTENSION; THENCE NORTHERLY, ALONG A LINE PARALLEL TO AND DISTANT 50.00 FEET, MEASURED AT A RIGHT ANGLE FROM THE EASTERLY LINE OF SAID BLOCK, TO A POINT ON SAID EASTERLY EXTENSION, SAID POINT BEING THE POINT OF TERMINUS. TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF MAINTENANCE AND CONSTRUCTION. ALSO: RESERVING AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY TO OPERATE AND MAINTAIN THEIR EXISTING GAS AND OVERHEAD ELECTRICAL FACILITIES WITHIN SAID TWELFTH STREET TO BE VACATED. TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF MAINTENANCE AND CONSTRUCTION. ALSO: RESERVING AN EASEMENT FOR INGRESS AND EGRESS TO SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR ACCESS TO THEIR PROPERTY OVER THAT PORTION OF TWELFTH STREET TO BE VACATED.