HomeMy WebLinkAboutCC RESO 2007-25RESOLUTION NO. 2007 — 25
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN
ORDER TO VACATE AND CLOSE PORTIONS OF 7TH STREET
EAST OF BURDEN DRIVE AND WEST OF ARCADIA AVENUE
APPLICANT: GENERATIONS DEVELOPMENT, LLC
CASE FILE NO. SC-2006-1
WHEREAS, application was made requesting to vacate and close portions of 7th
Street for motorized nonemergency vehicles east of Burden Drive and west of Arcadia Avenue
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 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 proposed vacation and closure of portions
of 7th Street east of Burden Drive and west of Arcadia Avenue is in conformity with the City's
adopted General Plan; 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 Califomia Streets and Highways Code in order to abandon said street have
been done and accomplished; and
WHEREAS, a hearing was held on October 17, 2006, 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 nonemergency
motorized purposes, but will continue to be useful as a nonmotorized transportation facility and
emergency access, as defined in Section 887 of the California Streets and Highways Code, and
is not needed for present or prospective motorized use; and
WHEREAS, the City Council at said hearing found that for the public street to be
useful as a nonmotorized transportation public right-of-way and emergency access public right-
of-way, a portion of the public street is reserved and excepted from the vacation for an
easement and right to construct, maintain, operate, replace, remove, and renew vehicular or
nonvehicular trails for use by the public in, upon, over, and across the street proposed to be
vacated; and
WHEREAS, the project features a public pedestrian walkway linking Burden
Drive and Arcadia Avenue in the same location as 7`" Street, which would also allow for
emergency vehicular access; and
Resolution No. 2007 — 25
February 20, 2007
Page 2
WHEREAS, the applicant is providing an easement for the public pedestrian
walkway and emergency vehicular access, as more particularly described in Exhibit "B"; 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:
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 to motorized
vehicles 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 development of a 498 unit senior residential community and to ensure
continued pedestrian and bicycle usage, and provide for emergency vehicular access.
4. That the vacation is conditioned upon the acceptance and recordation of an easement
for a public pedestrian walkway and emergency vehicular access, as described in
Exhibit "B".
5. That a portion of the public street is reserved and excepted from the vacation for an
easement and right to construct, maintain, operate, replace, remove, and renew
vehicular or nonvehicular trails for use by the public in, upon, over, and across the street
proposed to be vacated, as described in Exhibit "B".
6. 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.
7. 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, except as reserved and
excepted herein.
PASSED and ADOPTED this 20th day of Februar 007.
on Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
it:EZJA,
Micel R. Da la, ity Clerk George H.1riser, III, City Attorney
Passed and adopted by the Council of the City of National City, California, on
February 20, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City CI rk of the Cityof ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-25 of the City of National City, Califomia, passed and adopted
by the Council of said City on February 20, 2007.
City Clerk of the City of National City, California
By:
Deputy
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2007-25 duly adopted on
February 20, 2007 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 Burden Drive and west of
Arcadia Avenue, more particularly described in Exhibit "A"
attached.
Executed this 20th day of March, 2007.
Ron Morrison
Mayor
Michael R. D�4Ila, CMC
City r lerk
EXHIBIT "A" PACE 1 of 2
7TH STREET VACATION
VACATION OF THAT PORTION OF 7TH STREET DEDICATED TO THE CITY OF
NATIONAL CITY ON TRANQUILLA PLACE, MAP NO. 1433 FILED IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SAN DIEGO APRIL 26, 1912, TOGETHER WITH
THAT PORTION OF 7TH STREET GRANTED TO THE CITY OF NATIONAL CITY PER
DOCUMENT FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN
DIEGO APRIL 11, 1938 IN BOOK 765, PAGE 312, ALL IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF QUARTER
SECTION ONE HUNDRED FIVE (105) RANCHO DE LA NACION, MAP NO. 166 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 11, 1869,
WITH THE NORTH AND SOUTH CENTERLINE OF SAID QUARTER SECTION; THENCE
SOUTH 71° 14' WEST A DISTANCE OF 155.00 FEET; THENCE LEAVING THE
SOUTHERLY LINE OF SAID SECTION 105 ALONG THE EASTERLY LINE OF BURDEN
DRIVE AND ITS SOUTHERLY PROLONGATION NORTH 18° 46' WEST A DISTANCE
OF 301.84 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF
7TH STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
SOUTHERLY LINE OF 7TH STREET NORTH 71° 14' EAST A DISTANCE OF 427.75 FEET
TO THE POINT OF INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF ARCADIA AVENUE, 60 FEET WIDE; THENCE ALONG SAID
PROLONGATION NORTH 18° 30' WEST A DISTANCE OF 40.00 FEET TO THE POINT OF
INTERSECTION WITH THE NORTH LINE OF SAID 7TH STREET AND THE WESTERLY
LINE OF SAID ARCADIA AVENUE; THENCE ALONG SAID NORTHERLY LINE OF 7TH
STREET SOUTH 71° 14' WEST A DISTANCE OF 427.94 FEET TO THE POINT OF
INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE
OF SAID BURDEN DRIVE; THENCE ALONG SAID PROLONGATION SOUTH 18° 46'
EAST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING.
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INDICATES PORTION OF 7TH STREET
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EXHIBIT "3" PAGE 1 OF 2
RBF CONSULTING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego. California 92124
Date 11/10/2006
JN 25-102163
LEGAL DESCRIPTION - FIRE AND PEDESTRIAN ACCESS EASEMENT
That certain parcel of land being a portion of East Seventh Street, lying within
the South Half of Quarter Section One Hundred Five (105) of the Rancho De La
Nacion, in the City of National City, County of San Diego, State of California,
according to Map thereof No. 166, filed in the Office of the County Recorder of
said San Diego County, May 11, 1869, described as follows:
A strip of land 25.00 feet wide, lying 12.50 feet on each side and parallel with
the following described centerline:
COMMENCING at the.centerlineintersection of Burden Drive (being 60 feet wide)
and East Seventh Street (being 40 feet wide); thence along the centerline of East
Seventh Street, North 72°04'52" East 30.00 feet to the intersection of the
centerline of East Seventh Street and the northerly projection of the easterly
sideline of Burden Drive and the TRUE POINT OF BEGINNING; thence continuing along
said centerline of East Seventh Street, North 72°04'52" East 428.09 feet to the
intersection of said centerline and the southerly projection of the westerly
sideline of Arcadia Avenue (being 60 feet wide) and to the POINT OF TERMINUS.
Containing 0.246 acres, more of less.
The sidelines of said 25.00 foot easement to be extended or shortened to
intersect with said northerly projection of the easterly sideline of Burden Drive
and with said southerly projection of the westerly sideline of Arcadia Avenue.
This description was prepared by me or under my direction.
r �
Stephen R}r Hawxhurst LS 7355
Expires 12/31/2007
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EffiBIT "B" PAGE 2 OF 2
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd
National City. CA 91950
AND WHEN RECORDED MAIL TO:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd
National City, CA 91950
Ti iE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON APR 05. 2007
DOCUMENT NUMBER 2007-0231053
GREGORY .I SM'TH. COUNTY RECORDER
,.AN DIEGO COUNTY RECORDERS OFFICE
TIME. 4.53 PM
T1LJ SPACE FOR RECORDER'S USE ONLY
RESOLUTION APPROVING AN ORDER OF VACATION TO CLOSE
PORTIONS OF 7111 STREET EAST OF BURDEN DRIVE AND
WEST OF ARCADIA AVENUE.
(Please fill in document title(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
File Number