HomeMy WebLinkAboutCC RESO 2005 - 242RESOLUTION NO. 2005 — 242
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF ORDER TO VACATE AND
CLOSE PORTIONS OF 7TH STREET EAST OF ARCADIA AVENUE
AND OF PLEASANT LANE NORTH OF EAST 8TH STREET,
APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING
THE FILING OF A NOTICE OF DETERMINATION
APPLICANT: THE OLSON COMPANY
CASE FILE NO. SC-2005-1
WHEREAS, the City Council of the City of National City adopted Resolution No.
2005-219 on October 4, 2005, declaring its intention to vacate and close portions of 7`h Street
east of Arcadia Avenue and of Pleasant Lane north of East 8th Street more particularly
described in Exhibit "A" attached hereto and incorporated herein as though set forth in full, in
the City of National City, County of San Diego, State of California; and
WHEREAS, the City Engineer has caused notice of said vacation and closure to
be posted in the manner specified by law; and
WHEREAS, the Planning Commission has considered the proposed vacation
and closure and has found and determined that the said proposed vacation and closure of
portions of 7th Street east of Arcadia Avenue, and of Pleasant Lane north of East 8th 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 Streets and Highways Code
Section 887, 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 hearing was held on November 1, 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 Streets and
Highways Code Section 887; 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 proposed Negative Declaration No.
IS-2005-1, 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. 2005 — 242
November 1, 2005
Page 2
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.
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 the development of 96 condominium units.
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 Streets and Highways Code Section 8325.
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 1st day of November, 200 .
ha aor
NicKlnzunz'a y
ATTEST:
Michlael Dalla, Citylerk
APPROVED AS TO FORM:
George H. riser, III
City Attorney
THAT PORTION OF THE SOUTHEAST QUARTER OF QUARTER SECTION ONE
HUNDRED FIVE OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION:
RUNNING THENCE SOUTH 718 WEST ALONG THE SOUTHERLY LINE THEREOF 787.44
FEET; THENCE NORTH 198 WEST 281.97 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 718 WEST TO AND ALONG THE NORTHERLY LINE OF THE LAND
DESCRIBED IN DEED TO ARTHUR M. DAVIS, AND NORA M. DAVIS, RECORDED IN BOOK
655, PAGE 454 OF OFFICIAL RECORDS, A DISTANCE OF 106.20 FEET, MORE OR LESS,
TO A POINT IN THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO NORA M.
DAVIS RECORDED IN BOOK 484, PAGE 373 OF OFFICIAL RECORDS; THENCE NORTH
188 40' 30" EAST ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID LAST
MENTIONED DEED 5 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE
SOUTH 718 WEST ALONG THE NORTHERLY LINE THEREOF 100 FEET TO THE
NORTHWESTERLY CORNER THEREOF; THENCE NORTH 188 40' 30" WEST 25 FEET TO
THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO RACHEL
CARSON RECORDED IN BOOK 1516, PAGE 440 OF DEEDS; THENCE NORTH 718 EAST
100 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAST MENTIONED LAND;
THENCE SOUTH 188 40' 30" EAST 5 FEET; THENCE NORTH 718 EAST 106.20 FEET,
LORE OR LESS, TO INTERSECTION WITH A LINE WHICH BEARS NORTH 198 WEST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 198 EAST 25 FEET TO THE
TRUE POINT OF BEGINNING.
THAT PORTION OF THE SOUTHEAST QUARTER OF QUARTER SECTION ONE
-IUNDRED FIVE OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166,
'LED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
LSCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION;
RUNNING THENCE SOUTH 718 WEST ALONG THE SOUTHERLY LINE OF SAID QUARTER
SECTION 787.44 FEET; THENCE NORTH 198 WEST 40 FEET TO THE TRUE POINT OF
BEGINNING, BEING ALSO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED
IN DEED TO TILLMAN F. PATTON AND ELIZABETH E. PATTON, RECORDED IN BOOK
1356, PAGE 201 OF DEEDS; THENCE CONTINUING NORTH 198 WEST ALONG THE
WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED AND ITS NORTHERLY
PROLONGATION, A TOTAL DISTANCE OF 241.97 FEET; THENCE SOUTH 718 WEST 22
FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN
DEED TO ARTHUR M. DAVIS AND NORA M. DAVIS, RECORDED IN BOOK 655, PAGE 454
OF OFFICIAL RECORDS; THENCE SOUTH 188 40' 30" EAST ALONG THE EASTERLY LINE
OF THE LAND DESCRIBED IN SAID DEED TO DAVIS, AND ALONG THE EASTERLY LINES
OF THE LANDS DESCRIBED IN DEED TO NORA M. DAVIS RECORDED IN BOOK 793,
PAGE 116 OF OFFICIAL RECORDS, DEED TO RUTH G. HAMMOND AND BERNICE E.
HAMMOND, RECORDED IN BOOK 699, PAGE 28 OF OFFICIAL RECORDS, DEED TO
HAMPTON W. COTTRELL AND MARGARET P. COTTRELL, RECORDED IN BOOK 259,
PAGE 332 OF OFFICIAL RECORDS, AND DEED TO J.M. CARTWRIGHT, AND ELLA C.
CARTWRIGHT, RECORDED IN BOOK 1052, PAGE 492 OF DEEDS, A TOTAL DISTANCE OF
241.97 FEET; THENCE NORTH 718 EAST 22 FEET TO TRUE POINT OF BEGINNING.
EXHIBIT "A"
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2005-242 duly adopted on November
1, 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:
Portions of 7th Street east of Arcadia Avenue, and of Pleasant Lane north of East
8th Street, more particularly described in Exhibit "A" attached.
Executed this 1st day of November, 2005.
MI AEL R. D LA,
CITY CLERK
Passed and adopted by the Council of the City of National City, California, on
November 1, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-242 of the City of National City, California, passed and
adopted by the Council of said City on November 1, 2005.
6)
City clerk of the City f National City, California
By:
Deputy