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Home My WebLink AboutCC RESO 2012-245NOT ADOPTED RESOLUTION NO. 2012-245 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN ORDER TO VACATE FOR THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN 11TH AND 12TH STREETS, EAST OF NATIONAL CITY BLVD. AS PART OF THE REVOLUTION 2 PROJECT." Applicant: The Focus Group Case File No. 2012-16 SC (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 18, 2012. December 18, 2012 /1 chael R. Dalla, CMC City Clerk City of National City NOT ADOPTED RESOLUTION NO. 2012 — 245 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION OF THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN 11TH STREET AND EAST 12TH STREET, EAST OF NATIONAL CITY BOULEVARD APPLICANT: THE FOCUS GROUP CASE FILE NO. 2012-16 SC WHEREAS, application was made requesting to vacate and close the northerly 160 feet of the alley between 11th Street and 12th Street, east of National City Boulevard, more particularly described in Exhibit "A", 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 October 30, 2012, the City Council conducted a hearing and initiated the said proposed vacation and closure of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard; 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 November 19, 2012, the Planning Commission considered the proposed vacation and closure, and found and determined that the vacation and closure of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard. 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 California Streets and Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a public hearing was held on December 18, 2012, in the City Council Chamber, 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, at said hearing, the City Council found, from all evidence submitted, that said northerly 160 feet of the alley between 11 th and 12th Streets, east of National City Boulevard is unnecessary for present or prospective public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard, 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 northerly 160 feet of the alley between 11 th and 12th Streets, east of National City Boulevard, are in conformity with the adopted General Plan; and Resolution No. 2012 — 245 NOT ADOPTED December 18, 2012 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Street Vacation based on the following findings: 1. That the portion of alley to be vacated is unnecessary for present or prospective public use, since all of the properties abutting the area proposed to be vacated are owned by the project proponent, who wishes to redevelop their properties, and since access to 12th Street is still provided from National City Boulevard and "A" Avenue. 2. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the alleyway is not identified as critical access in the Circulation Element of the General Plan. 3. That there are no policies or goals in the General Plan that the proposed vacation would conflict with. 4. That the vacation of the alley would allow for efficient and cohesive development of underdeveloped and vacant properties, a goal which is consistent with the General Plan. BE IT FURTHER RESOLVED that the alley vacation is approved subject to the following conditions: 1. The alley vacation shall only occur if the associated Downtown Specific Plan Consistency Review (2012-16 DSP) is approved. 2. A Preliminary Title Report and a policy of title insurance shall be provided prior to recordation of the Order to Vacate. 3. The Resolution ordering Vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER 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. 3. That the right-of-way to be vacated is not needed for present or future public use and/or for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. 4. 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. Resolution No. 2012 — 245 NOT ADOPTED December 18, 2012 Page Three 5. 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. 6. 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. 7. 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 18th day of December, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2012-245, duly adopted on December 18, 2012, by the City Council of the City of National City, hereby orders the vacation of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard, more particularly described in Exhibit "A", attached hereto. Executed this 18th day of December, 2012. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK zD 15 SCALE: 1'=30' 4U• _ _ I'11�W'OJ'E 125.50, y NATIONAL CITY BOULEVARD 60 90 7' 2 n .. e APN 556-SSa-18, 19 AND 20 3 Z 4 RI ck y FOCUS HOLDING CO., LLC (' EXHIBIT "A" 11TH STREET MO MN M].04.07'E 149.50' Lo72 ALLEY 1T3 BE VACATED MAP '15807 APN 556-554-25 r 1 FOCUS HOLDING CO., LLC I'< 572.04.43'E 10.00' li MY 04'SB"E 139.50 12TH I STREET J 'A' AVENUE ED- arsimerfateee 4..✓ESsseBer. G u MESA. CA 111812 204 FAX (61o)33 WAM A. SMIPES LS. B00W3 DPNES 12-31-12 y H 2 O1 .ca cc `>4 a Z -1 '( J 0 7 3 b_ 0 a S 9 4