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HomeMy WebLinkAboutCC RESO 2013-83RESOLUTION NO. 2013 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY VACATING PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION FOR SAID PORTIONS OF STREETS APPLICANT: PARADISE CREEK HOUSING PARTNERS, LP CASE FILE NO. 2012-04 LS, SC WHEREAS, application was made requesting to vacate and close the westerly 14 feet (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Hoover", attached hereto and incorporated herein as though set forth in full; and WHEREAS, application was made requesting to vacate and close the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on May 15, 2012, the City Council conducted a hearing and initiated the said proposed vacations and closures of portions of Hoover Avenue and Harding Avenue; and WHEREAS, the City Engineer has caused notice of said proposed vacations and closures to be posted in the manner specified by law; and WHEREAS, on May 21, 2012, the Planning Commission considered the said proposed vacations and closures, and found and determined that the vacations and closures conform with the City's adopted General Plan; and WHEREAS, on August 21, 2012, the City Council considered the Planning Commission's report and recommendation and the presentation of staff regarding the proposed vacations and closures; 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 streets have been done and accomplished; and WHEREAS, a public hearing was held on August 21, 2012 in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear and be heard; and WHEREAS, at said hearing, the City Council found, from all evidence submitted, that said portions of streets proposed to be vacated and closed are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing further found that said proposed vacations and closures are in conformity with the adopted General Plan; and Resolution No. 2013 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said street vacations based on the following findings: 1. That the portions of the public rights -of way proposed to be vacated are unnecessary for present or future public use, since all of the properties abutting the areas proposed to be vacated are owned by the City, which intends to redevelop the subject properties, and access to subject properties will continue to be provided by the adjacent streets. 2. That the proposed vacation of the portion of the right-of-way for Hoover Avenue is consistent with the City's General Plan since the Westside Specific Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage walking, biking, and transit use; and reduce vehicle speeds through traffic calming measures that include narrowing roadway widths and widening sidewalks. 3. That the proposed vacation of the portion of the right-of-way for Harding Avenue is consistent with the City's General Plan since the Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north of 22nd Street and south of 20th Street to accommodate the proposed park expansion as part of the Westside Infill Transit Oriented Development ("WI-TOD") project. 4. That the proposed vacations would allow for efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER RESOLVED that the street vacations are approved subject to the following conditions: 1. The Certificate of Compliance for Parcel Map Waiver (2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2. A preliminary title report and a policy of title insurance shall be provided prior to recordation of the Orders to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities after vacation. 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 Orders of Vacation of the above described portions of public rights -of -way. 2. That the vacation of the above -described portions of public rights -of -way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. Resolution No. 2013 — Page Three 3. That the rights -of -way to be vacated are 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 the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, and adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segments of rights -of -way is consistent with the City's General Plan since the area will continue to provide access and emergency access to the area. 6. That the City Clerk is hereby authorized and directed to cause certified copies of subject orders to be recorded in the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portions of public rights -of -way no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 18th day of June, 20 on Morrison, ayor ATTEST: Michel R. Dalla, ity Clerk PPROVED AS TO FORM: ty r dia Gacitua Silva Attorney EXHIBIT A -Harding A PORTION OF LOTS 7-10 OF BLOCK 107 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348. FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY. OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF HARDING AVENUE AND 22ND STREET; THENCE NORTHERLY ALONG THE CENTERUNE OF HARDING AVENUE NORTH 17'48'28" WEST 40.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF 22ND STREET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 1.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY 39.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY OF HARDING AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET AND THE NORTHERLY RIGHT OF WAY OF 22ND STREET HAVING A HALF RIGHT OF WAY WIDTH OF 40.00'; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY OF HARDING AVENUE NORTH 1748'28" WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 20'04'26" WEST 63.51 FEET; THENCE SOUTH 17'48'28" EAST 24.27' TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "8" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 1.925 SO. FT. OR 0.04 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 72' 16'45" EASE. EXH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION CF: VINCENT W. SCARPAII R.C.E.33520 UCENSE EXP. 06/30/2014 CSN CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92610 T. 949.916.3600 F. 949,916.3805 W WW.CVC-INC.NET DATE STREET VACATION PORTION OF HARDING AVENUE SHEET 1 OF 2 EXHIBIT A -Harding 40' SAT 46251r SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: DSK DATE: 5-31-12 SCALE: AS SHOWN P05 ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATI R.C.E.33520 DATE LICENSE EXP. 06/30/2014 C C\1 CONSULTING, INC. CIVIL ENGINEERING LAND PLAIOIING & SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92610 T, 949.916.3600 F, 949,916,3805 WWW.CVC-INC.NET STREET VACATION PORTION OF HARDING AVENUE SHEET 2 OF 2 EXHIBIT A -Hoover A PORTION OF LOTS 13-2 OF BLOCK 86 AND LOTS 13-20 OF LOCK 85 AND LOTS 13-17 OF BLOCK 84 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF 21ST STREET AND HOOVER AVENUE; THENCE SOUTH 72' 14' 18" WEST 25.21 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1 T45'42" EAST 263.41 FEET TO A CONCAVE CURVE WESTERLY WITH A RADIUS OF 27.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'02'26" AN ARC DISTANCE OF 42.43 FEET; THENCE LEAVING SAID CURVE SOUTH 7716'45" WEST 24.27 FEET TO A NON TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77'55'20" AN ARC DISTANCE OF 27.20 FEET TO A TANGENT COMPOUND CURVE CONCAVE WESTERLY WITH A RADIUS OF 760.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1704'44" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 1 T47'56" WEST 598.21 FEET ALONG THE WLS I LRLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 7704'38" EAST 13.71 FEET; THENCE SOUTH 1 T48'25" EAST 482.71 FEET'; THENCE NORTH 71'08'38" EAST 1.09 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" SHEET 2 FOR A SKETCH DEPICTING DESCRIBED PROPERTY. CONTAINS 12,013 SO. FT. OR 0.28 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF 22ND ST PER EJ CHRISTMAN BUSINESS AND INDUSTRIAL PARK I MAP NO 8038 AS SHOWN AS NORTH 7716'45" EASE. =XH. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPAl1 R.C.E.33520 LICENSE EXP. 06/30/2014 CSN CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92610 T. 949.916.360D F. 949.916.38t WWW.CVC-INC.NET DATE STREET VACATION PORTION OF HOOVER AVENUE SHEET 1 OF 2 EXHIBIT A -Hoover CURVE TABLE CURVE LENGTH RADIUS DELTA TAN C1 42.43 27.00 90'02'26" 27.02 C2 27.20 20.00 7755'20" 16.17 C3 160.22 760.00 12'04'44" 80.41 SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: ASK DATE: 5-31-12 SCALE AS SHOWN 5g• Wlp9po$ wSTBV TOO A 0 +�f•T� 4g 14Z� a' S1 .,•�'' S EE 22N ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPAI1 R.C.E.33520 UCENSE EXP. 06/30/2014 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHLL RANCH, CALIFORNIA 92610 T. 949.916.3600 F, 949.916,3805 W W W.CVC-INC.NET DATE No. 33520 4. Exp. 6/30/2014 CIV11./; STREET VACATION PORTION OF HOOVER AVENUE SHEET2OF2 Passed and adopted by the Council of the City of National City, California, on June 18, 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 ffejo/ City erk of the ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-83 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2013. City Clerk of the City of National City, California By: Deputy