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HomeMy WebLinkAboutCC RESO 2011-247RESOLUTION NO. 2011 — 247 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER OF VACATION OF A PORTION OF D AVENUE SOUTH OF 31ST STREET, AND A PORTION OF 32ND STREET EAST OF D AVENUE TO ALLOW CONSTRUCTION OF THE 165,000 SQUARE -FOOT GATEWAY PROJECT APPLICANT: SUDBERRY PROPERTIES, INC. CASE FILE NO. 2008-37 SC WHEREAS, to allow construction of the 165,000 square -foot Gateway Project, application was made requesting to vacate and close a portion of D Avenue, south of 31st Street, and a portion of 32nd Street, east of D Avenue, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on November 1, 2011, the City Council conducted a public hearing and initiated the proposed vacation and closure of the public right-of-way; and WHEREAS, the City Engineer has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, on October 17, 2011, the Planning Commission considered the proposed vacation and closure, and found and determined that the vacation and closure of the unimproved portion of the street right-of-way conforms with National City's adopted General Plan; 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 WHEREAS, a hearing was held on November 1, 2011, in the City Council Chambers of the City of National City, at which time all persons 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 the 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 the public right-of-way are in conformity with the adopted General Plan. Resolution No. 2011 — 247 November 15, 2011 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That the Mayor and City Clerk, respectively, are 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. 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 alley 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 National City 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 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 15th day of November, 2011. on Morfison, Mayor ATTEST: A Mic .el R. Dalla, ity Clerk 0 ET - \'\ \' \'\ , .____V\,. %..... "" % \ % \\ \ ! %% \ % \; PARCEL "E ` PARCEL 'B' PARCEL 'A'/Qs�� `PARCEL 'D' t/ \ 1 \ /�� PARCEL 'C' 1 1 P \ .y r.-" 9 P PO -' y \ l••\ NATIONAL CITY STREET VACATIONS PARCEL 'A' PARCEL 'B' PARCEL "C' PARCEL 'D' PORTION OF "D" AVETA.E DEDICATED AS STREET EASEMENT PER DOC. REC. 05-18-54, IN BK 5175, PC 335, O.R. CONTAINS 0.07 ACRES PORTION OF "D" AVENUE GRANTED IN FEE TO NATIONAL. CITY PER DOC. REC. 08-21-13, BK 623 PG 257 OF DEEDS. CONTAINS 0.09 ACRES PORTION OF "D" AVEME RESERVED IN FEE TITLE FOR STREET PURPOSES BY NATIONAL CITY PER DOC. REC. 04-04-63, F/P 57589, O.R. AND A PORTION RELINQUISHED BY ThE STATE OF CALIFORNIA PER DOC. REC. 08-02-93, F/P 93-0496369, O.R. CONTAINS 0.66 ACRES A PORTION OF 32110 STREET,. FO(UERLY 'A" STREET, PER MAP NO. 505 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECt6rJ MARCH 18, 1888, CONTAINS 0.54 ACRES NATIONAL CITY STREET DEDICATIONS PARCEL 'E' SCALE 1'- 150' 300' PORTION OF "0' AVEME TO BE DEDICATED TO NATIONAL CITY FCR STREET PURPOSES, CONTAINS 0.07 ACRES EXHIBIT "A" OCTOBER 24, 2011 FUSCOE ENCINEERIAC INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 GRAPHIC SCALE ORDER OF VACATION The City of National City, by authority of Resolution No. 2011-247, duly adopted on November.15, 2011, by the City Council of the City of National City, hereby orders the vacation of a portion of D Avenue south of 31st Street, and a portion of 32nd Street east of D Avenue more particularly described in Exhibit "A", attached hereto. Executed this 15th day of November, 2011. on Morrison, Mayor Michael R. City Clerk N i 0 \ PARCEL 'E' \ 1 \ \ \ PARCEL 'A' \ TEE r- .00 \ ,C_,\ 1 ..--'\ \ 1 % N\'' % \ 1 PARCEL "B" NATIONAL CITY STREET VACATIONS PARCEL 'A' PARCEL 'B' PARCEL 'C' PARCEL 'D' PARCEL 'D' PARCEL 'C' PSG 64 Sl f o i PORTION OF "0" AVENUE DEDICATED AS STREET EACFUENT PER DOC. REC. 05-18-54, IN OK 5175, PC 335, O.R. CONTAINS 0.07 ACRES PORTION OF 'D' AVENGE GRANTED IN FEE TO NATIONAL CITY PER DOC. REC. 08-21-13, BK 623 PG 257 OF DEEDS. CONTAINS 0.09 ACRES PORTION OF "0" AVENE RESERVED IN FEE TITLE FOR STREET FLRPOSES BY NATIONAL CITY PER DOC. REC. 04-04-63. F/P 57589, O.R. AM A PORTION RELINQUISHED BY THE STATE OF CALIFORNIA PER DOC. REC. 08-02-93, F/P 93-0496369, O.R. CONTAINS 0.66 ACRES A PORTION OF 32W STREET. FCRIICRLY 'A' STREET, PER MAP NO. 505 FILED IN THE OFFICE OF TTE SAN DIEGO COUNTY RECORDER MARCH 18, 1888, .CONTAINS 0.54 ACRES NATIONAL CITY STREET DEDICATIONS PARCEL. 'E' �ICW F0"D"07ACRE TO BE DEDICATED TO NATIONAL CITY FOR STREET PURPOSES, SCALE 1'. 150' 75' 150' 300' GRAPHIC SCALE EXHIBIT "A" OCTOBER 24, 2011 FUSCOE ENGINEERING INC. 6390 GREENWICH OR. STE. 170 SAN DIECO, CA 92122 Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: Councilmember Natividad. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the 1ty of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-247 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. City Clerk of the City of National City, California By: Deputy