HomeMy WebLinkAboutCC RESO 2004 - 18RESOLUTION NO. 2004 —18
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE
THE 15-FOOT WIDE NORTHERLY PORTION OF 15TH STREET
BETWEEN NATIONAL CITY BOULEVARD AND KIMBALL PARK
CASE FILE NO. SC-2003-2
WHEREAS, the City Council of the City of National City adopted Resolution No.
2004-2 on January 6, 2004, declaring its intention to vacate and close a portion of 15`h Street
between National City Boulevard and Kimball Park, 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 15th Street between National City Boulevard and
Kimball Park 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
portion of right-of-way have been done and accomplished; and
WHEREAS, a hearing was held on January 20, 2004, 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 proposed vacation and closure is categorically exempt from the
California Environmental Quality Act, since it will allow for infill development consistent with the
General Plan and will result in no significant environmental effects.
Resolution No. 2004 —18
February 3, 2004
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
the northerly 15 feet of 15th Street between National City Boulevard and
Kimball Park more particularly described in Exhibit "A" attached hereto
and incorporated herein as though set forth in full.
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 new public library.
4. That 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.
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.
Resolution No. 2004 — 18
February 3, 2004
Page Three
PASSED and ADOPTED this 3rd day of February, 2004.
Nick I
ATTEST:
� al/
Mich I R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
or
EXHIBIT "A"
15th Street — Street Vacation
The northerly 15 feet of 15th Street in the City of National City, County of San
Diego, State of California, as shown on Subdivision National Ranch, Map No.
552 filed July 2, 1888 in the Office of the County Recorder of San Diego County,
lying between the westerly line of 15th Street as vacated and closed to public use
by City Council Resolution 6159 recorded March 20, 1959 as Document No
55832 in Book 7560 Page 215 of Official records of the County Recorder of San
Diego County, and the southerly prolongation of the easterly line of National City
Boulevard, formerly National Avenue.
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2004-18 duly adopted on
February 3, 2004, 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 15-foot wide northerly portion of 15th Street between National City
Boulevard and Kimball Park.
Executed this 3rd day of February, 2004.
Nick Inzunza; Ma or
r
Michael R. Dal a, ity Clerk
a