HomeMy WebLinkAboutCC RESO 2003 - 183RESOLUTION NO. 2003 — 183
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER TO VACATE
AND CLOSE A 380-FOOT LONG PORTION OF
HARRISON AVENUE NORTH OF 23RD STREET
CASE FILE NO. SC-2003-1
WHEREAS, the City Council of the City of National City adopted Resolution No.
2003-85 on June 17, 2003, declaring its intention to vacate and close portions of Harrison
Avenue north of 23ro Street, 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 Harrison Avenue north of 23`d 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 887 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 July 15, 2003 and August 5, 2003 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 887
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 considered the Negative Declaration entitled MSI
Incorporated, together with any comments received during the public review process, and found
on the basis of the whole record (including the Initial Study and any comments received) that
there is no substantial evidence that the project will have a significant effect on the environment
and that the Negative Declaration reflects the City's independent judgment and analysis, and
approved the Negative Declaration and authorized the filing of a Notice of Determination.
Resolution No. 2003 —183
December 16, 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, easements as described below:
A. 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 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
Harrison Avenue extending 380 feet north of W. 23`d Street, more particularly
described in Exhibit "A" attached hereto and incorporated herein as though set
forth in full.
B. An easement for public utilities to the City of National City over the westerly 15
feet of the easterly 30 feet of the property as described in Exhibit "A" attached
hereto and incorporated herein as though set forth in full.
C. An easement, as described in Exhibit "A" attached hereto and incorporated
herein as though set forth in full, for rail road purposes to the Atchinson, Topeka
and Santa Fe Railway Company.
2. That the vacation of the above described portion of public right-of-way is made under
the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways
Code.
3. That the vacation of the above -described portion of public right-of-way is made to
facilitate construction of a 25,000 square foot corporate headquarters building for MSI,
Incorporated.
4. 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 8325 of the California Streets and Highways Code.
Resolution No. 2003 — 183
December 16, 2003
Page Three
5. That from and after the date that this Resolution is recorded, the above -described
portion of public right-of-way no longer constitutes a street, highway, or public service
easement.
PASSED and ADOPTED this 16th day of December, 2003.
Nick fnzlifiza,ayor
ATTEST:
4
Mic ael R. Della, y Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2003-183 duly adopted
on December 16, 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:
380 foot long portion of Harrison Avenue north of W. 23`d Street, more
particularly described in Exhibit "A" attached.
Executed this 16th day of December, 2003.
Mayor
li
MI HAEL R. D LA
City Clerk
J-12861
EXHIBIT "A"
STREET VACATION
Being a portion of the Northeasterly Half of "Harrison Avenue," 80.00 feet in width
which adjoins Block 279, a portion of Block 278 and 22nd Street (vacated) as said blocks
and streets are shown on "Map of National City, California," filed October 2, 1882 as
Map 348, in the City of National City, County of San Diego, State of California, said
portion more particularly described as follows:
Beginning at the Southwest corner of Block 279 of said Map 348; thence along the
prolongation of the Northwesterly Right-of-way of 23'd Street of said Map 348 South
72°01'18" West 40.00 feet to the centerline of said Harrison Avenue; thence along said
centerline North 17°46'37" West 380.14 feet, more or less, to the prolongation of the lot
line common to Lots 8 and 9 in Block 278; thence along said prolongation North
72°13'23" East 40.00 feet to the Northeasterly line of Harrison Avenue; thence along
said Northeasterly line South 17°46'37" East 380.00 feet to the TRUE POINT OF
BEGINNING.
Reserving therefrom an easement for public utilities to the City of National City. Over
the Westerly 15.00 feet of the Easterly 30.00 feet of the above described parcel, said
reservation to be parallel with the Easterly line of said parcel.
Also reserving from said vacation an easement for rail road purposes to the Atchison,
Topeka and Santa Fe Railway Company, said reservation more particularly described as
follows:
Beginning at the Southwest corner of Block 279 of said Map 348; thence along the
prolongation of the Northwesterly Right-of-way of 23'd Street of said Map 348 South
72°01'18" West 10.00 feet to the TRUE POINT OF BEGINNING; thence continuing South
72°01'18" West 13.00 feet; thence leaving said Northwesterly Right-of-way North
17°46'37" West 88.21 feet to the beginning of a tangent 543.50 foot radius curve
concave Southwesterly; thence Northwesterly along said curve through a central angle
of 14°22'05" an arc distance of 136.29 feet; thence leaving said curve Northwesterly
along the centerline of Harrison Avenue North 17°46'37" West 45.38 feet to a point on
the arc of a non -tangent 556.50 foot radius curve concave Southwesterly, a radial line to
said point bears North 53°19'27" East; thence leaving said centerline Southeasterly
along said curve through a central angle of 18°53'56" an arc distance of 183.56 feet;
thence South 17°46'37" East 88.16 feet to the TRUE POINT OF BEGINNING.
Robert G. Schoettmer, L.S. 4324
Jb/12861.001