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HomeMy WebLinkAboutCC RESO 2012-231NOT ADOPTED RESOLUTION NO. 2012-231 A "RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN ORDER OF VACATION OF THE EASTERLY 15 FEET OF "G" AVENUE, ADJACENT TO 700 EAST 24TH STREET." (Planning) This Resolution was not adopted at the City Council / Community Development Commission - Housing Authority of the City of National City Regular Meeting of December 4, 2012. December 6, 2012 /atzudi x M chael R. Dalla, CMC City Clerk City of National City NOT ADOPTED RESOLUTION NO. 2012 — 231 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN ORDER OF VACATION OF THE EASTERLY 15 FEET OF "G" AVENUE, ADJACENT TO 700 EAST 24TH STREET APPLICANT: MICHELLE SNYDER — THE IMPERIAL GROUP WHEREAS, application was made requesting to vacate and close a portion of "G" Avenue south of East 24th Street west of Skate San Diego, more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein as though set forth in full, in the City of National City, County of San Diego, State of California; and WHEREAS, on December 4, 2012, the City Council of the City of National City, conducted a hearing and initiated the said proposed vacation and closure of a portion of "G" Avenue; and WHEREAS, the City Engineer of the City of National City has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, on October 1, 2012, the Planning Commission of the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of a portion of "G" Avenue conforms with the 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 Streets and California Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a public hearing was held on December 4, 2012, 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 "G" Avenue 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 portion of "G" Avenue 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 the portion of "G" Avenue are in conformity with the adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves said Street Vacation based on the following finding: 1. That the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since the proposed project would provide an important community service and help to make the property more efficient, and since all resident and emergency access will be maintained with relation to the Royal Apartments. Resolution NO. 2012 — 231 NOT ADOPTED Page Two BE IT FURTHER RESOLVED by the City Council 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. 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 street 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 will continue to provide residential and 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 4th day of December, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2012-231. duly adopted on December 4, 2012, by the City Council of the City of National City, hereby orders the vacation of a portion of "G" Avenue, south of East 24th Street west of Skate San Diego, more particularly described in Exhibits "A" and "B", attached hereto. Executed this 4th day of December, 2012. RON MORRISON, MAYOR ATTEST: MICHAEL R. DALLA CITY CLERK EXHIBIT "A" VACATION OF A PORTION OF "G" AVENUE LEGAL DESCRIPTION THE WESTERLY 15.00 FEET OF THE EASTERLY 25.00 FEET OF "G" AVENUE, SAID "G" AVENUE BEING FORMERLY AN UNNAMED STREET (80.00 FEET WIDE) WITHIN FLORA M. KIMBALL'S SUBDIVISION OF A PORTION OF QUARTER SECTION 152 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 30, 1886. EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF 24TH STREET (80.00 FEET WIDE). ALSO, EXCEPTING THEREFROM ANY PORTION LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 73.00 FEET OF 25TH STREET (80.00 FEET WIDE). FOR ILLUSTRATION PURPOSES A PLAT, LABELLED EXHIBIT "B", IS ATTACHED HERETO AND BY THS REFERENCE MADE A PART HEREOF. Page 1 of 1