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Home My WebLink AboutCC RESO 2013-11RESOLUTION NO. 2013 — 11 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 and continued to the meeting of January 15, 2013, 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 the January 15, 2013 public hearing, the City Council found, from all evidence submitted, that said northerly 160 feet of the alley between 11th 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 11th and 12th Streets, east of National City Boulevard, are in conformity with the adopted General Plan; and Resolution No. 2013 — 11 January 15, 2013 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 owner and developer shall provide easements for sewer and any other public utilities within the alley after vacation of said alley. All easements shall remain in place until the utilities have been removed or replaced. 4. 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. Resolution No. 2013 — 11 January 15, 2013 Page Three 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. 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 15th day of Janua 13 ATTEST: iv Michael R. Dalla!City Clerk PROVED AS TO FORM: ua Silva City Atto n Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on January 15, 2013 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 /21 , C rk City of the City oVNational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-11 of the City of National City, California, passed and adopted by the Council of said City on January 15, 2013. City Clerk of the City of National City, California By: Deputy ORDER OF VACATION The City of National City, by authority of Resolution No. 2013-11 duly adopted on January 15, 2013, by the City Council of the City of National City, hereby orders the vacation of the northerly 160 of the alley between 11th and 12th Streets east of National City Boulevard more particularly described in Exhibit "A", attached hereto. Executed this 15th day of January, 2013. N MORRISON, MAYOR 1) MICHAEL R. D';' LA, CITY CLERK F 8 8 LJN „.a roam B az _�! I�TIONAL CITV BOULEVARD r--.7.4.26., Jaz.. Ir n _ �N17tN 3�257, pB rt A' AVEMJE 117'4.'24' 16•3' 11 L699f. dYGV WAS MS am mi IO I'"' i• I 5' A 1 /1 ALLEY VACATION MYREN Bn+A S Ima ST77CETS °`°® WAS ID/01/12 a r REVOLUTION APARTMENTS £ VIPEI-OYEASMOOATEI 134I1 CENTER ORME. EV1TE 6, LA MELM, CA I!O/!-MI /O (SIX 117.1M34, FAX 1S tSI 490.1033 61)