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HomeMy WebLinkAboutCC RESO 12,078RESOLUTION NO. 12,078 VACATION OF A PORTION OF TWELFTH STREET ADJACENT TO AND ABUTTING 1911 EAST TWELFTH STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 805 AT TWELFTH STREET BE IT RESOLVED by the Council of the City of National City, California, that a portion of Twelfth Street adjacent to and abutting 1911 East Twelfth Street and the Westerly right-of-way line of Interstate 805 at Twelfth Street, as more particularly referred to in Resolution of Intention No. 12,028 is unnecessary for present or pros- pective 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. 12,028. BE IT FURTHER RESOLVED that a portion of Twelfth Street adjacent to and abutting 1911 East Twelfth Street and the Westerly right-of-way line of Interstate 805 at Twelfth Street as more particularly described on Exhibit "A" attached hereto, 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, construct- ing, repairing, replacing, maintaining, using,, and operating public utilities of any kind or nature, including, but not limited to sewer, water, 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 reservingand 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 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 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 easement free and clear of any excavation or fills, the erection or construction of any building or other structures, the planting of any tree or trees thereon, or the drilling or digging of any well or wells thereon, to- gether 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, along and across that portion of Twelfth Street adjacent to and abutting 1911 East Twelfth Street and the Westerly right-of-way line of Interstate 805 at Twelfth Street vacated by this document and as described on Exhibit "A" attached hereto. 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. ATTEST: PASSED AND ADOPTED this 22nd day of June, 1976. Res. # 12,078 EXHIBIT "A" LEGAL DESCRIPTION That portion of Twelfth Street lying within 80 Acre Lotl, Quarter Section 129 of Rancho De La Nacion, in the City of National City, County. of San Diego, State of California, according to the Map thereof Number 166, made by Morill, filed in the office of the Recorder of San Diego County, May 11, 1869, described as follows: Com,uuencing at the Southwesterly corner of the East Half of the West Half of said 80 Acre Lot 1; thence North 17° 53' 05" West along the Westerly line of said East Half of the West Half of said 80 Acre Lot 1, a distance of 30 feet; thence North 72° 06' 55" East along a line parallel with and 30 feet Northerly of the Southerly line of said 80 Acre Lot 1, a distance of 330.04 feet to the TRUE POINT OF BEGINNING, said point being the point of tangency of a 45 foot radius curve;thence Southeasterly along the arc of said curve, concave Southwesterly, through a central angle of 70° 31' 43", a distance of 55.39 feet to the point of intersection of said curve and the Southerly line of said 80 Acre Lot 1; thence leaving said curve, North 72° 06' 55" East along the Southerly line of said 80 Acre Lot 1, a distance of 15.11 feet; thence North 17° 53' 05" West, 30 feet; thence South 72° 06' 55" West, 57.54 feet to the TRUE POINT OF BEGINNING 54.e71 2o7'