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HomeMy WebLinkAboutCC RESO 2004 - 44RESOLUTION NO. 2004 — 44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 15TH STREET BETWEEN "C" AND "D" AVENUES AND A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15TH STREET APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. SC-2003-3 WHEREAS, the City Council of the City of National City adopted Resolution No. 2004-23 on February 17, 2004, declaring its intention to vacate and close 15th Street between "C" and "D" Avenues, and a 162 foot long portion of the alley extending south of 15th 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 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th 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 and alley have been done and accomplished; and WHEREAS, a hearing was held on March 2, 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 Resolution No. 2004 — 44 March 16, 2004 Page Two 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. 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 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 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th Street 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 the new National City Fire Station. 4. That 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. 2004 — 44 March 16, 2004 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 March, 2004. ATTEST: Mich el R. Dall•-, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2004 — 44 duly adopted on March 16, 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: 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th Street, more particularly described in Exhibit "A" attached. Executed this 16th day of March, 2004. MIHAEL R. CITY CLERK 15TH STREET — STREET VACATION THAT PORTION OF 15TH STREET IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY OF AND ADJACENT TO THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE, BY CITY COUNCIL RESOLUTION NO. 6576, RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 4 OF TEN ACRE LOT 8, OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 FILED JULY 2, 1888 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1 A DISTANCE OF 10 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE TO A POINT ON THE SOUTHERLY LINE OF THAT PORTION OF 15' STREET VACATED AND CLOSED TO PUBLIC USE BY CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE BEGINNING OF A TANGENT 10 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING TANGENT TO SAID SOUTHERLY LINE AND ALSO TANGENT TO THE EXHIBIT "A" Page 1 of 3 WESTERLY LINE OF "D" AVENUE AS SHOWN ON SAID MAP NO. 552; THENCE NORTHEASTERLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID `D" AVENUE; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID "D" AVENUE TO A POINT OF CUSP OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 20, BLOCK 4 OF TEN ACRE LOT 8 OF SAID MAP NO. 552, SAID CURVE BEING TANGENT TO THE WESTERLY LINE OF SAID "D" AVENUE AND ALSO TANGENT TO THE NORTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT ON THE NORTHERLY LINE OF SAID PORTION OF 151H STREET VACATED AND CLOSED TO PUBLIC USE; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE BEGINNING OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO THE NORTHERLY LINE OF SAID PORTION OF 15Th STREET VACAMI AND CLOSED TO PUBLIC USE AND ALSO TANGENT TO THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. EXHIBIT "A" Page2of3 ALLEY VACATION IN BLOCI( 4 ACRE LOT 8 MAP NO. 552 ALLEY IN BLOCK 4 OF TEN -ACRE LOT 8 OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 LYING ADJACENT TO LOTS 1 THROUGH 6 AND 15 THROUGH 20 TOGETHER WITH THAT PORTION OF ALLEY LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF 15TH STREET AS SHOWN ON SAID MAP NO. 552 AND THE NORTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXHIBIT "A" Page 3of3 Kimball Park woo - 400 4.0 — PROPOSED STREET CLOSURE _Pp- -- National City Junior High IC -OS ZONE BOUNDARY w 100 Feet AN LOCATION MAP Vacation of 15th Street between C and D Avenue and 162 ft of alley abutting the southerly line of 15th Street SC-2003-3 NATIONAL CITY PLANNING DRN. DATE: 1 /15/04 INITIAL HEARING: 2/2/04 PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY CLERK OF 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 770S SPACE FOR RECORDERS USE ONLY ORDER OF VACATION: OF THE FOLLOWING STREET: 15TH STREET BETWEEN "C" AND "C" AVENUES AND A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15TH STREET. APPLICANT: CITY OF NATIONAL CITY. (P1eue fillin document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESO 2004-44 (PLANNING) (Additiaoal recording fee applies) FILE 902-26-1 6/94 Rec.Form /R25