Loading...
HomeMy WebLinkAboutCC RESO 13,034RESOLUTION NO. 13,034 VACATION OF THE WESTERLY ONE HALF OF "M" AVENUE BETWEEN 8TH STREET AND 9TH STREET BE IT RESOLVED by the City Council of the City of National City, California, that the Westerly one half of "M" Avenue between 8th Street and 9th Street as more particularly referred to in Resolution of Intention No. 12,788 is unneces- sary for present or prospective public street purposes. BE IT FURTHER RESOLVED that the public interest, convenience and necessity of said City requires the reserva- tion of a certain public easement, as more particularly re- ferred to in Resolution of Intention No. 12,788. BE IT FURTHER -RESOLVED that the Westerly one half of "M" Avenue, between 8th Street and 9th Street as more par- ticularly shown on Vacation plat prepared by Glenn F. Carver, R.C.E. 14,289 on file in the office of the City Clerk as Docu- ment No. 63.246 , which said map is attached hereto and made a part hereof, be and the same is hereby vacated. BE IT FURTHER RESOLVED, that the City of National City reserves and excepts from the foregoing vacation the per- manent easement as more particularly described hereinafter: Reserving and excepting to the City of National City the right, easement and privilege of placing, constructing, repairing, replacing, maintaining, using, and operating public utilities of any kind or nature, including, but not limited to sewer, water, and drainage, and all necessary and proper fix- tures and equipment for the use in connection therewith, through, over, under, upon, along and across all the portions or parts of the hereinafter described easement. Also reserving and excepting from the vacation, sub- ject and subordinate to the aforementioned easement to the City of National City, the permanent right at any time, or from time to time, pursuant to any franchise or renewal thereof, for and on behalf of the San Diego Gas & Electric Company, the Pacific Telephone and Telegraph Company and the California American Water Company, or any other utility company operating under a municipal or state franchise with the City of National City, to construct, maintain, operate, replace, remove, and renew lines of pipe, conduits, cables, wires, poles, and other re- lated structures, including the necessary use of equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, and for the transportation or distribution of electric energy, through, over, under, upon, along and across all portions of the hereinafter described easement: The easements and rights hereinabove reserved and excepted shall include the right of ingress thereto and egress therefrom, together with the right to maintain the said ease- ment free and clear of any excavation or fills, the erection or construction of any building or other structures, the plan- ning of any tree or trees thereon, or the drilling or digging of any well or wells thereon, together with the right to other- wise protect from all hazards the operation and use of any right hereby reserved. Upon written permission of the City and of any public utility listed heretofore, the owners of the under- lying 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 that portion of the Westerly one half of "M" Avenue, between 8th Street and 9th Street vacated by this document and as more particularly shown on vacation plat prepared by Glenn F. Carver, R.C.E. 14,289 on file in the office of the City Clerk as Document No. 63246 BE IT FURTHER RESOLVED that the City Clerk shall cause a certified copy of the order of vacation to be recorded in the office of the County Recorder, pursuant to Section 8324, California Highways Code. PASSED AND ADOPTED this 1st day of May, 1979 ATTEST: MA OR ORDER OF VACATION (The Westerly One Half of "M" Avenue Between 8th Street and 9th Street) The City of National City, by authority of Resolution No. 13,034, duly adopted on May 1, 1979. by the City Council of the City of National City, hereby orders the vacation of the Westerly One Half of "M" Avenue Between 8th Streit and 9th Street situated in the City of National City, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. EXECUTED this /At day of STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 979 On /I 19'79 , before, me, the undersigned, a Notary Pu lic in and for said County and State, personally appeared KILE MORGAN, known to me to be the Mayor of the City of National City, and IONE CAMPBELL, known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to a Resolution of its City Council. WITNESS my hand and official seal. S,u�o ul (Notary's Signature) (Seal) Notary's Name Notary Public in and for said County and State OFFICIAL SEAL BEATRICE BUCKELEW NOTARY PUBLIC - CALIFORNIA 'k✓-9 PRINCIPAL OFFICE IN W`- SAN DIEGO COUNTY My Commission Expires A gnst 30, , 1979 EXHIBIT "A" The Easterly 30 feet of the West Half of the North Half of the Northwest Quarter of Forty Acre Lot 1 in Quarter Section 132 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, on file in the office of the County Recorder of San Diego County.