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HomeMy WebLinkAboutCC RESO 2003 - 3RESOLUTION NO. 2003 — 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN ORDER TO VACATE AND CLOSE 9TH STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD APPLICANT: COMMUNITY DEVELOPMENT COMMISSION CASE FILE NO. SC-2002-2 WHEREAS, the City Council of the City of National City adopted Resolution No. 2002-177 on December 3, 2002, declaring its intention to vacate and close portions of 9th Street between Roosevelt Avenue and National City Boulevard, 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 9th Street, between Roosevelt Avenue and National City Boulevard 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 December 17, 2002, 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 Resolution No. 2003 — 3 January 7, 2003 Page Two 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 WHEREAS, the City Council has considered the Negative Declaration for the Education Village prepared by the Community Development Commission, the Lead Agency, and adopted on May 21, 2002' finds that there is no substantial evidence that the project will have a significant effect on the environment, and hereby authorizes the filing of a Notice of Determination. NOW, THEREFORE, BE IT RESOLVED as follows: 1. 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 San Diego Gas and Electric, 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 9th Street between Roosevelt Avenue and National City Boulevard, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. Resolution No. 2003 — 3 January 7, 2003 Page Three 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 l u z , M or ATTEST: Michael Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2003-3 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: 9th Street between Roosevelt Avenue and National City Boulevard, more particularly described in Exhibit "A." Executed this 7th day of January, 2003. Nick Inzunz ATTEST: Mic ael R. Dal:, City Clerk NINTH STREET - STREET VACATION LEGAL DESCRIPTION THAT PORTION OF NINTH STREET LYING BETWEEN BLOCK 9 AND BLOCK 10 OF NATIONAL CITY REFILED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FII FD IN THE OFF10E OF COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 9; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK 9 AND THE WESTERLY LINE OF NATIONAL AVENUE TO THE NORTHEAST CORNER OF SAID BLOCK 10; THENCE ALONG THE NORTH LINE OF SAID BLOCK 10 AND SOUTH LINE OF SAID NINTH STREET TO THE NORTHWEST CORNER OF SAID BLOCK 10; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID • BLOCK 10 AND EAST LINE OF ROOSEVELT AVENUE TO THE SOUTHWEST CORNER OF SAID BLOCK 9; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 9 AND NORTH LINE OF SAID NINTH STREET TO THE SOUTHEAST CORNER OF BLOCK 9 AND THE POINT OF BEGINNING. 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