HomeMy WebLinkAboutCC RESO 2012-246RESOLUTION NO. 2012 — 246
RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF AN ORDER OF VACATION OF
THE NORTHERLY 194 FEET 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 public 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 — 246
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 18th day of December, 2012.
ATTEST:
Michael R. Dalla, C y Clerk
CI
ROVED AS TO FORM:
a Gacit
City Attorney
Silva
Passed and adopted by the Council of the City of National City, California, on
December 18, 2012 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the Cit of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-246 of the City of National City, California, passed and
adopted by the Council of said City on December 18, 2012.
City Clerk of the City of National City, California
By:
Deputy
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2012-246, duly adopted on
December 18, 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 18`h day of December, 2012.
ON MORRISON, MAYOR
ATTEST:
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 A
LINE DRAWN PARALLEL WITH AND 194.00 FEET SOUTHERLY OF SAID
SOUTHERLY RIGHT-OF-WAY LINE OF 24TH STREET.
FOR ILLUSTRATION PURPOSES A PLAT, LABELLED EXHIBIT "B", IS
ATTACHED HERETO AND BY THS REFERENCE MADE A PART HEREOF.
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