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HomeMy WebLinkAboutCC RESO 12,786RESOLUTION NO. 12,786 VACATION OF PORTION OF EAST 7TH STREET (1400 BLOCK) LOCATED WEST OF AND ABUTTING THE CUL-DE-SAC (SC-2-78) BE IT RESOLVED, by the Council of the City of National City, California, that portions of East 7th Street (1400 block) located west of and abutting the cul-de-sac as more particularly referred to in Resolution of Intention No. 12,656 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 reser- vation of a certain public easement, as more particularly referred to in Resolution of Intention No. 12,656. BE IT FURTHER RESOLVED, that portion of East 7th Street (1400 block) located west of and abutting the cul-de-sac as more particularly described in Exhibit "A" of Resolution No. 12,656 on file in the office of the City Clerk 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 permanent easement as more particularly described herein- after: Reserving and excepting to the City of National City the right, easement and privilege of placing, construct- ing, 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 portions or parts of the hereinafter 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 Sweetwater Authority, or any other utility company oper- ating 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 related structures, including the necessary use of equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, and for the trans- portation or distribution of electric energy, through, over, under, upon, along and across all portions of the hereinafter described easement: The easements and right 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 buildings 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 wirtten 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 privately owned pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across those portions of East 7th Street (1400 block) located west of and abutting the cul-de-sac vacated by this document and as more particularly described on Exhibit "A" on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of an Order of Vacation to be recorded in the office of the County Recorder, pursuant to Section 8324, California Streets and Highways Code. PASSED AND ADOPTED this llth day of Ju , 1978. 1/ t.Aawfiiiil, :7 ATTEST: EXHIBIT "A" * * * PORTION OF SEVENTH STREET * * * That portion of the Northwest Quarter of the Southeast Quarter of 40 Acre Lot 2, Quarter Section 131, Rancho De La Nacion, according to Map thereof Number 166 on file in the Office of the County Recorder of San Diego County, California, May 11, 1869, described as follows: Commencing at the Southwesterly corn8r of said Northwest Quarter of the Southeast Quarter; Thence North 18-44'-55 " West, along the Westerly line of said Norrthwest Quarter of said Southeast Quarter, 30 feet; Thence North 71 01' 40" East, 52.92 feet to a point on a 40 foot radius curve, concave Easterly, a radial line bears South 86° 56' 52" East; Th9ceSoutherly along the arc of said curve, through a central angle of 22 O1' 28",_ a distance of 15.38 feet; Thence tangent to said curve, South 18° 58' 20" East, 5-feet-to the beginning of a tangent 40 foot radius -curve, concave Easterly;- Thence along the_arc_of said -last mentioned curve, _ through -a central angle of 14° 28' 39", adistance of 10.11 feet; Thence South 71° 01' 40" West, 51.27 feet to the point of commencement. ORDER OF VACATION Portion of East 7th Street (1400 block) located west of and abutting the cul-de-sac The City of National City, by authority of Resolution No. 12,7 ly adopted on July 11, 1978, by the City Council of the City of National City, hereby orders the vacation of a portion of East 7th Street (1400 block) located west of and abutting the cul-de-sac 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 // day of YaP1R STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On Il 14 7 , before me, the undersigned, a Notar 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. (Seal) Notary's Name (Notary's Signature) OFFICIAL SEAL BEATRICE BUCKELEW NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN "• SAN DIEGO COUNTY My Commission Expires August 30, 1979 Notary Public in and for said County and State