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HomeMy WebLinkAboutCC RESO 12,149RESOLUTION NO. 12,149 VACATION OF A PORTION OF ELEVENTH STREET LOCATED BETWEEN THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE FREEWAY 805 AND THE WESTERLY LINE OF PARADISE DRIVE BE IT RESOLVED by the Council of the City of National City, California, that Eleventh Street between the easterly right-of-way line of Interstate Freeway 805 and the westerly line of Paradise Drive as more particularly referred to in Resolution of Intention No. 12,104 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. 12,104. BE IT FURTHER RESOLVED, that Eleventh Street between the easterly right-of-way line of Interstate Freeway 805 and the westerly line of Paradise Drive as more particularly described in Exhibit "A", which said exhibit 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 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 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 under- lying 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 Eleventh Street between the easterly right-of-way line of Inter- state Freeway 805 and the westerly line of Paradise Drive vacated by this document and as more particularly described on attached Exhibit "A". 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 September, 1976. ATTEST: CITY CLERK ,17 CITY OF NATIONAL CITY 243 National Avenue Proal City, California 92050 20 8'7 ORDER OF VACATION A Portion of Eleventh Street Located between the Easterly Right -of -Way Line of Interstate Freeway 805 and the West- erly Line of Paradise Drive The City of National City, by authority of Resolution No. 12,149 duly adopted on September 28, 1976, by the City Council of the City of National City, here- by orders the vacation of the following street within the City limits of National City: All that portion of Eleventh .Street lying between the Easterly right-of-way line of Interstate 805 and the Westerly line of Paradise Drive, described as follows: Commencing at the Northeasterly corner of lot 7 in Sunny Crest Subdivision according to map thereof No. 2409, on file in the Office of the County Recorder of San Diego County, California; thence South 72°01'43" West (South 71°33' West Record) along the Northerly line of said lot 7, 60.93 feet to a point on the Easterly line of said I-805; thence North 32°20'19" West, 54.77 feet; thence North 72° 01'43" East, 74.62 feet; thence South 17°52'39" East,. 53.06 feet; to the point of commencement. Executed this- i' day of- , 1976. J 70®323940 FILE/PACE NO. BOOK 1976 RECORDED REOUEST OF ADDRESSEE OCT I 10 05 H `76 OFFICIAL. RECORDS SAN DIEGO C0UNT'7".7LI.UF. HARLLY F.3LJ0H RECORDER S`2ATE OF CALIFORNIA) ;10 COUNTY OF SAN DIEGO) . l J On , 1976, 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 M. 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. MAYog - r I TY CI'ER1‹ , WITNESS my hand and official seal. OFFICIAL SEAL BEATRICE BUCKELEW NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN •''�'««•, S(Sear10) COUNTY My Commission Expires August 30. 1979 Ica isaylrs • Name (Notary's Signature) 13 13u.e IE Notary Public in and for said County and State