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HomeMy WebLinkAboutCC RESO 12,016RESOLUTION NO. 12,016 VACATION OF A PORTION OF "J" AVENUE LOCATED BETWEEN THE SOUTHERLY LINE OF DIVISION STREET AND THE NORTHERLY LINE OF MELROSE STREET BE IT RESOLVED by the Council of the City of National City, California, that a portion of "J" Avenue located between the southerly line of Division Street and the northerly line of Melrose Street as more particu- larly referred to in Resolution of Intention No. 11,862 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 reservation of a certain public easement, as more particularly referred to in Resolution of Intention No. 11,862. BE IT FURTHER RESOLVED, that a portion of "J" Avenue located between the southerly line of Division Street and the northerly line of Melrose Street as more particularly described in Exhibit "A" on file in the office of the City Clerk as Document No. 56471 , 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,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 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 there- on, or the drilling or digging of any well or wells there- on, 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 that portion of "J" Avenue located between the southerly line of Division Street and the northerly line of Melrose Street vacated by this document and as more particularly described in Exhibit "A" on file in the office of the City Clerk as Document No. 56471 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 13th day of April, 1976. ATTEST: EXHIBIT "A" All that portion of "J" Avenue lying Northerly of the Easterly prolongation of the Northerly line of Melrose Street and Southerly of a line parallel with and 40 Feet Southerly of the Northerly line of Quarter Section 131 of Rancho de la Nacion according to the Map thereof by Morrill No. 166 filed in the office of the Recorder of said San Diego County, May 11, 1369.