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HomeMy WebLinkAboutCC RESO 12,921RESOLUTION NO. 12,921 VACATION OF THE NORTH -SOUTH ALLEY LOCATED BETWEEN "C" AND "D" AVENUES, SOUTH OF 27TH STREET BE IT RESOLVED, by the Council of the City of National City, California, that the north -south alley located between "C" and "D" Avenues, south of 27th Street, as more particularly referred to in Resolution of Intention No. 12,676 is unnecessary 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 referred to in Resolution of Intention No. 12,676. BE IT FURTHER RESOLVED, that the north -south alley located between "C" and "D" Avenues, south of 27th Street, as more particularly described in Exhibit "A", which said Exhibit "A" 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 permanent easement as more particularly described hereinafter: Reserving and excepting to the City of National City the right, easement and privilege of placing, con- structing, 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 fixtures and equipment for the use in connection therewith, through, over, under, upon, along and across all the portions or parts of the herein- after described easement. Also reserving and excepting from the vacation, subject 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 con- struct, maintain, operate, replace, remove, and renew lines of pipe, conduits, cables, wires, poles, and other related structures, including the necessary use of equip- ment 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 egress therefrom, together with said easement free and clear of the erection or construction of structures, the planting of any ingress thereto and the right to maintain the any excavation or fills, any building or other 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 and of any public utility listed heretofore, the owners of the underlying fee may utilize the above described parcel of land for structures, approved plantings, the installation of pri- vately owned pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across that portion of the north -south alley between "C" and "D" Avenues, south of 27th Street, vacated by this document and as more particularly des- cribed in Exhibit "A" as attached. BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of this resolution, attested by her under seal, to be recorded in the office of the County Recorder. PASSED AND ADOPTED this 28th day of'November, 1978. ATTEST: CITY CL ORDER OF VACATION The City of National City, by authority of Resolution No. 12,921 duly adopted on November 28, 1978 by the City Council of the City of National City, hereby orders the vacation of the north -south alley located between "C" and "D" Avenues, south of 27th 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. zi Executed this 7-8 day of STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On , before me, the undersigned, a Notary Public 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. (Seal) Notary's Name (Notary's Signature) Notary Public in and for said County and State Res. No. 12,921 EXHIBIT "A" The alley in Block 4 of the Subdivision of Ten Acre Lot 4 of Quarter Section Number 152, Rancho de la Nacion, per Map thereof Number 166 on file in the office of the County Recorder of San Diego County, California, May 11, 1869, lying between the Easterly prolongation of the Northerly line of Lot 1 of said Block 4 and the Easterly prolongation of the Southerly line of Lot 10 of said Block 4.