HomeMy WebLinkAboutCC RESO 2011-149RESOLUTION NO. 2011 — 149
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION
OF A PORTION OF EXCESS RIGHT-OF-WAY ON WEST 30TH STREET,
EAST OF INTERSTATE 5 AND THE RAILROAD RIGHT-OF-WAY
WHEREAS, application was submitted to vacate and close a portion of excess
right-of-way on West 30th Street, east of Interstate 5 and the railroad right-of-way more
particularly described in Exhibits "A" and "B", attached hereto and incorporated herein as though
set forth in full; and
WHEREAS, on June 6, 2011, the Planning Commission considered the proposed
vacation and closure and found and determined that the vacation and closure of the unimproved
portion of street right-of-way conforms with the City's adopted General Plan; and
WHEREAS, the City Clerk has caused notice of said vacations and closures to
be posted in the manner specified by law; and
WHEREAS, the City Council has considered the Planning Commission's report
and recommendation, and the presentation of staff regarding the proposed vacation and
closure, and
WHEREAS, all things and acts necessary to be done as required by Part 3 of
Division 9 of the California Streets and Highways Code in order to abandon said street have
been done and accomplished; and
WHEREAC a public hearing was hold July 5, 2011, at which time all persons
1 1 V, public hearing was hold on VI
interested in or objecting to the proposed vacation and closure were afforded the opportunity to
appear and be heard; and
WHEREAS, the City Council at said hearing, found, from all evidence submitted,
that said portion of public right-of-way is unnecessary for present or prospective motorized use
or for present or future installation of utilities; and
WHEREAS, the City Council at said hearing found that the unimproved public
right-of-way does not provide a benefit for an access public right-of-way or for future utilities;
and
WHEREAS, the City Council at said hearing further found that vacation and
closure of said portion of public right-of-way are in conformity with the adopted General Plan;
and
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Mayor and City Clerk are respectively authorized and directed to execute and
attest an Order of Vacation of the above described portion of public right-of-way.
2. That the vacation of the above described portion of public right-of-way to motorized
vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California
Streets and Highways Code.
Resolution No. 2011 —149
July 5, 2011
Page Two
4. That the right-of-way to be vacated is not needed for present or future public transportation
uses and/or for utility service, since the properties abutting the right-of-way under
consideration will continue to have access to public streets and utilities.
5. That while the area to be vacated is not required as a non -motorized transportation facility for
pedestrians, bicyclists or equestrians, adjacent streets will allow for the same through travel.
6. That the vacation of the proposed segment of right-of-way is consistent with the City's
General Plan, since there are no improvements proposed for the area, and since the area has
not and would not be used for vehicular or emergency access to the area.
7. That the City Clerk is hereby authorized and directed to cause a certified copy of subject
order to be recorded in the office of the County Recorder of San Diego County, pursuant to
Section 8325 of the California Streets and Highways Code.
8. That from and after the date that this Resolution is recorded, the above -described portion
of public right-of-way no longer constitutes a street, except as reserved and excepted
herein.
PASSED and ADOPTED this 5th day of July, 2011.
i
n Morrison, Mayor
ATTEST:
Michael R. Dalla 'City Clerk
PPROVED AS TO FORM:
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City Attorn
EXHIBIT `A'
LEGAL DESCRIPTION-30th STREET VACATION
PORTIONS OF LOTS 33 AND 34 AND A PORTION OF 29TH STREET IN BAHIA VISTA,
IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 1815, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF 30TH STREET AS SHOWN ON
RECORD OF SURVEY MAP NO. 15781 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON APRIL 3, 1998 AS FILE NO. 1998-0188561,
SAID POINT ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF THE SAN
DIEGO AND ARIZONA EASTERN RAILROAD;
THENCE ALONG THE NORTHERLY RIGHT -OF —WAY LINE OF 30TH STREET
ACCORDING TO SAID RECORD OF SURVEY MAP NO, 15781 NORTH 72° 16' 26" EAST,
81.99 FEET TO A POINT OF CUSP WITH A TANGENT 58.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;
THENCE, SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113° 53' 31" A DISTANCE OF
115.29 FEET, A RADIAL TO SAID POINT BEARS SOUTH 48° 22' 55" WEST;
THENCE, SOUTH 41° 23' 25" WEST, 11.58 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT -OF —WAY LINE OF SAID 3O'TH STREET ACCORDING TO
SAID RECORD OF SURVEY MAP NO. 15781, SAID POINT LYING ON A 440 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS
SOUTH 41° 23' 25" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 5° 13' 53" A DISTANCE OF 40.17 FEET TO SAID EASTERLY
RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD;
THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO AND ARIZONA
EASTERN RAILROAD NORTH 1.7° 43' 34" WEST, 52.06 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS 2,533.63 SQUARE FEET MORE OR LESS.
Steven A. Bliss, PLS 5652
Icy men
NO. 5652 *,
ixp9-ED-t1
DATE
A.P. NO. 559-200-34.°
D".--11518t 477-
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02.
• LEGAL DESCRIPTION
1 PORTIONS OF LOTS 33. & 34 AND
A PORTION OF 29TH STREET IN
BAHIA VISTA, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN
•DIEGO, STATE OF CAUFORNIA,
<
ACCORDING TO THE MAP
THEREOF NO. 1815, FILED IN
OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO
COUNTY, DECEMBER 19, 1924
S41.73'25"W
11.5111`
T.P.O.B.
BASIS OF BEARINGS
THE BASIS OF BEARING FOR
THIS PLAT IS THE EASTERLY
RIGHT OF WAY LINE OF THE
SAN DIEGO AND ARIZONA
EASTERN. RAILROAD ACCORDING
TO RECORD OF SURVEY NO.
15781 I.E. N1743134" W
LEGEND
•INDICATES AREA TO BE VACATED
BY THE CITY OF NATIONAL cm?
--
AREA 2,533.63 SO. FT
INDICATES TRUE POINT
OF BEGINNING
THIS PLAT WAS PREPARED BY ME
OR UNDER MY DIRECTION.
• g 4-zz."
STEVEN A. BLISS PLS 5652 DATE
Raw 1 01P 1
Passed and adopted by the Council of the City of National City, California, on July 5,
2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
11
Clerk of the Cit of
City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-149 of the City of National City, California, passed and
adopted by the Council of said City on July 5, 2011.
City Clerk of the City of National City, California
By:
Deputy