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HomeMy WebLinkAboutCC RESO 2005 - 96RESOLUTION NO. 2005 — 96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE AN UNIMPROVED PORTION OF "K" AVENUE AT THE END OF THE CUL-DE-SAC NORTH OF 13TH STREET APPLICANT: DAVID HARGROVE AND BING MINEVA CASE FILE NO. SC-2004-1 WHEREAS, the City Council of the City of National City adopted Resolution No. 2005-61 on April 5, 2005, declaring its intention to vacate and close an unimproved portion of "K" Avenue at the end of the cul-de-sac north of 13th 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 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 has considered the proposed vacation and closure and has found and determined that the said, proposed vacation and closure of an unimproved portion of "K" Avenue at the end of the cul-de-sac north of 13th 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, 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 in order to abandon said street have been done and accomplished; and WHEREAS, a public hearing was held on May 3, 2005, 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 NOW, THEREFORE, BE IT RESOLVED as follows: Resolution No. 2005 — 96 May 17, 2005 Page 2 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 an unimproved portion of "K" Avenue at the end of the cul-de-sac north of 13th 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 Streets and Highways Code. 3. That the vacation of the above -described portion of public right-of-way is made to facilitate development of two new single family homes. 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 to Section 8325 of the 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. PASSED and ADOPTED this 17th day of May, 2005. ATTEST: Della, City Ierk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2005 — 96 duly adopted on May 17, 2005 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: An unimproved portion of K Avenue at the end of the cul-de-sac north of 13th Street, more particularly described in Exhibit "A" attached. Executed this 17th day of May, 2005. NICK INZUNZA, MAYOR MICHAEL R. DLLA, CITY CLERK EXHIBIT "A" That portion of K Avenue as shown on Parcel Map No. 14185 in the City of National City, County of San Diego, State of California, recorded, February 26, 1986 as file no. 86-075313 in book of parcel maps at page 14185, more particularly described as follows: Beginning at the southwest comer of Parcel 2 according to said Parcel Map No. 14185; thence leaving said Southwest comer of said Parcel 2 Southerly along the centerline of K Avenue, South 17°39'12" East, 9.65 feet to a point on the arc of a 105.50 foot radius curve, concave Southeasterly, a radial line to said point bears North 16°25'24" West; thence Northeasterly along the arc of said curve, through a central angle of 4°21'01 ", an arc length of 8.01 feet to the beginning of a 34.00 foot radius non -tangent curve, concave Southwesterly, a radial line to said point bears North 11° 58'52" West; thence Southeasterly along the arc of said curve, through a central angle of 37°46'57", an arc length of 22.42 feet to point on the Easterly and Northeasterly right-of-way line of K Avenue as shown on said. Parcel Map No. 14185, being also the point on the arc of a 30 foot radius curve, concave Southwesterly, a. radial line to said point bears North 51°24'22" East; thence Northwesterly along the arc of said curve and right-of-way line, through a central angle of 69°03'34", an arch length of 36.16 feet to the point of beginning.