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HomeMy WebLinkAboutCC RESO 11,909RESOLUTION NO. 11,909 VACATION OF THE NORTHERLY TEN FEET OF TWENTY-THIRD STREET BETWEEN THE EASTERLY LINE OF "J" AVENUE AND THE WESTERLY LINE OF "L" AVENUE BE IT RESOLVED by the Council of the City of National City, California, that A sector of land lying Northeasterly of a 10 foot radius curve, concave to the Northeast and tangent to a line 10 feet Westerly and parallel to the Westerly line of Block 6, of said Wilbur Addition to National City, and tangent to a line 10 feet Southerly and parallel with the Southerly line of said Block 6; and, The Northerly 10 feet of Twenty-third Street lying adjacent to and parallel with the South- erly line of Lots 10 and 11, Block 6, of said Wilbur Addition to National City; and, A sector of land lying Northwesterly of a 10 foot radius curve, concave to the Northwest and tangent to a line 10 feet Easterly and parallel to the Easterly line of Block 6, of said Wilbur Addition to National City, and tangent to a line 10 feet Southerly and parallel with the Southerly line of said Block 6; and, A sector of land lying Northeasterly of a 10 foot radius curve, concave to the North- east and tangent to a line 10 feet Westerly and parallel to the Westerly line of Block 3, of said Wilbur Addition to National City, and tangent to a line 10 feet Southerly and parallel with the Southerly line of said Block 3; and, The Northerly 10 feet of Twenty-third Street lying adjacent to and parallel with the Southerly line of Lots 10 and 11, Block 3, of said Wilbur Addition to National City. Excepting therefrom: That portion of said parcel lying Southeasterly of a 10 foot radius curve, concave to the Northwest and tangent to the Southerly and Easterly lines of said parcel, as more particularly referred to in Resolution of Intention No. 11,667 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. 11,667. BE IT FURTHER RESOLVED that said portions of Twenty-third Street as hereinabove described and as shown on Map No. 397-AD on file in the office of the City Clerk as Document No. 57, 77 3 , 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, 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 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 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 Twenty-third Street vacated by this document and as shown on Map No. 397-AD on file in the office of the City Clerk as Document No. 77.3 . BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of this resolution, attested by him under seal, to be recorded in the office of the County Recorder. PASSED AND ADOPTED this 18th day of November, 1975. ATTEST: 0