HomeMy WebLinkAboutCC RESO 2001 - 61RESOLUTION NO. 2001 —61
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER TO VACATE
AND CLOSE A PORTION OF 7TH STREET WEST OF
ROOSEVELT AVENUE AND THE ADJACENT ALLEY
(Case File No.: SC-2000-1)
WHEREAS, the City Council of the City of National City adopted Resolution No.
2001-15 on February 6, 2001, declaring its intention to vacate and close a portion of 7th Street
west of Roosevelt Avenue and the adjacent alley, more particularly described in Exhibits "A"
and "B" 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 7th Street west of Roosevelt Avenue and the adjacent alley 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 March 20, 2001 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 definedin 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,
Resolution 2001 — 61
May 1, 2001
Page Two
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 and electric 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, excepting
the westerly 131 feet of the portion of 7th Street to be vacated, and excepting the northerly 125
feet of the alley to be vacated.
The easement reserved herein is in, under, over, upon, along and across a portion of 7th Street
west of Roosevelt Avenue and the adjacent alley, more particularly described in Exhibits "A"
and "B" 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.
PASSED and ADOPTED this 14 day of May, 2001.
ATTEST:
ih
Mic ael R. Dall City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
11
George H. s aters, Mayor
Resolution No...'.20.01-61
STREET VACATION
A portion of Block 57of National City, filed in the Office of the County Recorder of San
Diego County, October 2 ,1882 as Map No. 348 in the City of National City, County of San
Diego, State of California, more particularly described as follows:
BEGINNING at the most Northerly corner of said Block 57;
THENCE along the Northwesterly line of said Block 57, South 72°14'25" West, 141.50 feet
to a point on the easterly right-of-way line for Interstate Route 5;
THENCE along said easterly right-of-way line North 17°45'15" West, 9.00 feet to the
beginning of a non -tangent 31.00 foot radius curve, concave to the Southeast, a radial to
said point bears South 72°14'27" West;
THENCE continuing Northeasterly along said line and along said curve;through a central
angle of 89°59'40" an arc distance of 48.69 feet;
THENCE non -tangent to said curve, continuing along said easterly right-of-way line North
72°14'25" East, 25.07 feet;
THENCE South 17°45'35" East, 6.00 feet;
THENCE North 72°14'25" East, 85.00 feet to the Southwesterly line of Roosevelt Avenue,
said Avenue originally known as First Avenue per said map;
THENCE along said line, South 17°45'15" East, 34.00 feet to the POINT OF
BEGINNING.
CONTAINING: 0.114 Acres, more or less.
r.
00,1
Lonie K. Cyr, P.L.S. 6929 ate:
Expiration: 9-30-2001
Page 1 of 1
Exhibit "A"
Resolution No. 2001-61
ALLEY VACATION
A portion of Block 57of National City, filed in the Office of the County Recorder of San Diego
County, October 2 , 1882 as Map No. 348 in the City of National City, the County of San
Diego, State of California, more particularly described as follows:
COMMENCING at the most Easterly corner of said Block 57,
THENCE along the Southeasterly line of said Block 57, South 72 ° 14'25e' West, 115.00
feet to the Southwesterly corner of Lot 13 of said Block 57, said corner being also a point
on the Northeasterly line of the Alley of said Block 57 and the POINT OF BEGINNING;
THENCE continuing along said Southeasterly line of said Block 57, South
72°14'25" West, 20.00 feet to the Southwesterly line of the Alley of said Block 57;
THENCE along the Southwesterly line of said Alley, North 17°45'15" . West, 250.30
feet to the Northwesterly line of said Block 57;
THENCE along said line, North 72°14'25" East, 20.00 feet to the Northeasterly line
of said Alley
THENCE along said line, South 17°45'15" East, 250.30 feet to the POINT OF
BEGINNING.
CONTAINING: 0.115 Acres, more or less.
Lonie K. Cyr, P.L.S. 6929
Expiration: 9-30-2001
Date:
Page 1 of 1
Exhibit "B"
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2001-61 duly adopted on May
1, 2001, 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:
A portion of 7th Street west of Roosevelt Avenue and the adjacent alley, more
particularly described in Exhibits "A" and "B" attached.
Executed this 2nd day of May, 2001
Ci Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
MAYOR
On 7 , 2001, before me, the undersigned a Notary Public in and for said
County and S ate, personally appeared GEORGE WATERS, known to me to be the Mayor of the
City of National City, and MICHAEL R. DALLA, 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. URIAS
COMM.# 1283361 z
NOTARY PUBLIC•CAUFORNIA
SAN DIEpCY
MY COMMISSION EXxPIIRESES DECOES, 20W�