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Home My WebLink AboutCC RESO 2003 - 2RESOLUTION NO. 2003 — 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE INTERSECTION OF TAFT AVENUE AND 11TH STREET CASE FILE NO. SC-1999-1/CDP-2000-3 WHEREAS, the City Council of the City of National City adopted Resolution No. 2001-73 on May 15, 2001, declaring its intention to vacate and close the intersection of Taft Avenue and 11th Street, 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 the intersection of Taft Avenue and 11th Street 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 12, 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 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. Resolution No. 2003 — 2 January 7, 2003 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 the City of National City for access to and maintenance of existing sewer and drainage facilities unless such facilities are abandoned to the satisfaction of the City of National City. 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 intersection of Taft Avenue and 11th Street, 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 7th day of January, 2003. Nick Inz� or ATTEST: � 4 Mi aei Dalla, tty Clerk APPROVED AS TO FORM: George H. iser, III City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2003-2 duly adopted on January 7, 2003, 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: the intersection of Taft Avenue and 11`h Street, more particularly described in Exhibits "A" and "B." Executed this 7th day of January, 2003. Nick Inzuriza, M EXHIBIT "A" STREET VACATION A portion of Eleventh Street and the intersection of Taft and Eleventh per Record of Survey 16303, filed in the Office of the County Recorder of San Diego County, August 13, 1999, as file number 1999-562573, in the City of San Diego, County of San Diego, State of California, more particularly described as follows: BEGINNING at the most Northerly corner of Lot 22 of block 204 of map 348, filed in the office of r 2, 1882, theCountyTHENCE Recorder 15 55" West, 80.00 feet, to the f San Diego County, emost Easterly corner of Block 203 as shown on s shown on said Record of Survey; said record of survey; THENCE North 72° 14' 14" East, 80.00 feet, to the most Southerly corner of Block 182 as shown said Map 348; THENCE South 17°45'55" East, 80.00 feet, to the most Westerly corner of Block 181 as shown on said Map 348; THENCE South 72° 14'14" West, 80.00 feet. To the POINT OF BEGINNING. CONTAINING: 0.147 Acres, more or less. homas G. arringt on P.L.S.5441 Date Expiration: 9-30-2004 Page 1 of 1 phillg13.wpd CA f.� sVit VICINITY MAP NOT TO SCALE 33.00' N72°14'14"E 1 LAN, OF C Aft EXHIBIT "B" LEGEND 1 • Fir PAGE 1 OF 1 INDICATES LIMITS OF STREET VACATION. 6,400.00 SQ. FT. INDICATES LIMITS OF RAILROAD OWNERSHIP AND SDG&E ESMT. REC. 1/27/65 AS INST. NO. 15438 SAN DIEGO & ARIZONA EASTERN RAILWAY (MAIN TRACK) 6.59' R = 318.96' 37.20' N09 35 35 W L = 37.04' N17 45 55 W ROS 16043 A = 06°39'13" I�/ 24.68' N72°14'10"E 264.46' N17°45'55"WA- 58.69' 80.00'\ N17°45'40"W 80.00' N17°45'55"W ELEVENTH STREET i 0 71- TAFT AVENUE o� 00 N N z CLOSED 0S 163 LO 1 1 3 K 214 MA34 fi TM G. HARRINGT N LAND SU VEYING 4976 Caroline Lane Fallbrook, California 92028 (760) 728-3557 JN: 25-10phiI ON: PHIL2.DWG PLOT: 07-29-00 STREET VACATION PORTION OF ELEVENTH STREET AND TAFT STREET City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 January 22, 2003 County of San Diego Gregory J. Smith Assessor / Recorder / County Clerk Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: Please find enclosed for recording, the following document in duplicate: ORDER OF VACATION: Intersection of Taft Avenue and 11th Street." Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk in the enclosed, self-addressed envelope. Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Planning File No. 903-36-1 Recycled Paper PLEASE COMPLETE THIS INFORMATION. RECORDINGREQUESTED BY: CITY CLERK OE NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL._CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 21i7S SPACE FOR RECOMMIT USE ONLY ORDER OF VACATION: INTERSECTION OF TAFT AVENUE AND 11TH STREET CASE FILE NO, SC-1999-1 / CDP-2000-3 (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESO NO. 2003-2 (Addit!onal recording fee applies) 6/94 Rsc.Fo m A'A25