HomeMy WebLinkAboutCC RESO 2014-57RESOLUTION NO. 2014 — 57
RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF AN ORDER OF VACATION OF 205 FEET
OF ALLEYWAY BETWEEN WEST 16T" AND WEST 18T" STREETS
APPLICANT: RANDAL EHM FOR YYK INDUSTRIES, INC.
WHEREAS, application was made requesting to vacate and close 205 feet of
alleyway between West 16" and West 18th Streets, 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 January 21, 2014, the City Council of the City of National City,
conducted a hearing and initiated the said proposed vacation and closure of a portion alleyway
between West 16" and West 18" Streets; and
WHEREAS, the City Engineer of the City of National City has caused notice of
said vacation and closure to be posted in the manner specified by law; and
WHEREAS, on April 7, 2014, the Planning Commission of the City of National
City held a public hearing, considered the proposed vacation and closure, and found and
determined that the vacation and closure of a portion of alleyway between West 16' and West
18" Streets 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, the City Council held a public hearing on May 6, 2014, 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 has found, from all evidence submitted, that the 205
foot portion of alleyway between West 16" and West 18" Streets is unnecessary for present or
prospective motorized use or for present or future installation of utilities; and
WHEREAS, the City Council has found that the portion of alleyway between
West 16" and West 18" Streets does not provide a benefit for an access public right-of-way or
for future utilities; and
WHEREAS, the City Council has further found that vacation and closure of the
portion of alleyway between West 16t" and West 18' Streets are in conformity with the adopted
General Plan; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves said Street Vacation based on the following finding:
Resolution No. 2014 — 57
Page Two
1. That the Street Vacation as described on the attached plans is in compliance with the
National City General Plan, since there are no plans to improve the right-of-way in this
area, and approval of the vacation will allow the efficient expansion of a successful local
business.
2. 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.
3. 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.
4. 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 emergency access to the area.
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.
3. 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 to Section 8325 of the California Streets and Highways Code.
4. That from and after the date that this Resolution is recorded, the above -described
portion of public right-of-way no longer constitutes an alleyway, except as reserved and
excepted herein.
ATTEST:
PASSED and ADOPTED this 6th day of May, 20
Michael R. Della, Ci
M. rnson,
OVED AS TO FORM:
I 01 a
C . a Gackr Silva
City Attorne
Clerk
rk
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2014-57 duly adopted on May 6, 2014
by the City Council of the City of National City, hereby orders the vacation of the 205 feet of
alleyway between West 161h and West 18' Streets, more particularly described in Exhibits "A"
and "B", attached hereto.
Executed this 6'h day of May, 2014.
RON MORRISON, MAYOR
h
MICHAEL R. D LLA,
CITY CLERK
EXHIBIT "A"
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SOO, EASEMENT
LI) INST. NO.: 1316n
7-22-ED
SOr.;E EI,SWENT
NO.: 131839
RSC.: 7-22-6C
FOOF.
INST.
REC.: 1U-29-71
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ALLEY VACATION
BLOCK 239 &, 240
MAP 348
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ENGINEERS & SURV7.-YORS
3434 Fourth Avo., San Dino, CA
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EXHIBIT "B"
LEGAL DESCRIPTION
ALL THAT CER i'AIN REAL PROPERTY LOCATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE yr CALIFOR';1IA, NiCIRE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE ALLEYS IN BLOCKS 239 AND 240 AND A PORTION OF 17118 STREET LYING
r'FT,h'_FN THE WESTERLY LY AND EASTERLY LINES OF SAID ALLEYS, IN NATIONAL CI1}'Y, ACCORDING TO MAP
NO. 3•'-i8 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAk DIEGO COUNT?, DESCRIBED AS
FOLLOWS:
THE :kL LEY LOCATED IN BLOCK 740, OF SAIL) MAP 348, LYING ADJACENT TO LOTS 9, 10, 13 AND 14, ALL
IA!I'i H!PJ SAID BLOCic TOGETHER WITH THE ALLEY LOCATED IN BLOCK 239, OF SAID MAP 348, LYING
ADJACENT TO LOTS 1. 2, 3, 20, 21. AND 22 WITHIN SAID BLOCK, TOGETHER WITH THAT PORTION OF
171-I ST"FkET LYING BETWEEN J THE WESTERLY AND EASTERLY LINES OF SAID ALLEYS WITHIN CLUCK!:; 239
AND 240.
CCNT iINING 4,1C0 SQUARE FEET, MORE OR LESS.
C,-.SEA' •
Li i lr} i, t LSTi'),'JATE
Passed and adopted by the Council of the City of National City, California, on May 6,
2014 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 C rk of the City of ational City, California
By:
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-57 of the City of National City, California, passed and adopted
by the Council of said City on May 6, 2014.
City Clerk of the City of National City, California
By:
Deputy