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HomeMy WebLinkAboutCC RESO 12,584the right, RESOLUTION NO. 12,584 VACATION OF PORTIONS OF "E" AVENUE BE IT RESOLVED, by the Council of the City of National City, California, thatportions of "E" Avenue as more particularly referred to in Resolution of Intention No. 12,437 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. 12,437. BE IT FURTHER RESOLVED, that portions of "E" Avenue as more particularly described in Exhibit "A" of Resolution No. 12,437 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 hereinafter: Reserving and excepting to the City of National City 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 fixtures 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, 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 theSweetwater Authority, or any other utility company op- erating 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 dig- ging 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 privately owned pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across those portions of "E" Avenue 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 13th day of December, 1977. ATTEST: (-77)4-iTY CLERE ORDER OF VACATION Portions of "E" Avenue The City of National City, by authority of Resolution No. 12,584 duly adopted on December 13, 1977, by the City Council of the City of National City, hereby orders the vacation of portions of "E" Avenue 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 Al day of , 1977. CITY CLE J STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) on .Q,Y,14.k, 13, j97"/ , 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. OFFICIAL SEAL 4f BEATRICE BUCKZLEW ,s NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Aogost 30, 1979 (Notary's Signature) Notary's Name ��o`j G Sze kp ),cu.) Notary Public in and for said County and State 437 EXHIBIT ".A" j Those portions of ..".Er. .avenue PARCEL 5 Beginning at the point of intersection of a line which is parallel with and 60 feet easterly, measured at right angles, to the westerly line of "E" Avenue as shown on said Map No. 2250 with a line which is parallel with and 40 feet northerly, measured at tight angles, •to the northerly line of Block 2 of 10 Acre Lot 11 of said Map No. 1105; thence, parallel with said westerly line of said "E" Avenue North 17°47'52" West 215.46 feet to the True Point of - Beginning; thence continuing North 17°47'52" West 154. 58 feet; thence South-72° 14'43" West 1. 97 feet to a point in the arc of a 151 foot radius curve "••concave westerly, a radial line of said curve bears North 72°14'43" East to lgaid point; thence southerly along the arc of said curve 93..46 feet through an angle of 35°27'39" to a point of reversed curvature with a curve having a radius of 20 feet; thence southerly along the arc of said curve 26. 24 feet through an angle -of 7.5°10134" to a point of reversed curvature with a curve having a radius-of-280 feet; thence southerly along the arc of said curve - 51:•71 feet through an•angle of 10°34'50" to the True.P.oint of Beginning.