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Home My WebLink AboutCC RESO 2020-210RESOLUTION NO. 2020 — 210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN ORDER OF VACATION AND CLOSURE OF A PORTION OF HARRISON AVENUE BETWEEN WEST 18TH AND 19TH STREETS, AND THE WESTERLY 40 FEET OF WEST 18TH STREET NORTH OF HARRISON AVENUE WHEREAS, application was made requesting to vacate and close Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue, in the City of National City, County of San Diego, State of California; and WHEREAS, on August 18, 2020, the City Council of the City of National City conducted a public hearing, initiating said vacation and closure of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue; and WHEREAS, on October 19, 2020, 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 Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue conforms with the City of National City's adopted General Plan; and WHEREAS, the City of National City General Plan does not consider the portion of alley as an arterial or collector street; and WHEREAS, the City Council of the City of National City has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, the City Engineer of the City of National City caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, a Public Hearing was held on November 17, 2020 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 Resolution No. 2020 — 210 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves said street vacation and closure based on the following findings: 1. That the street vacation and closure as described on the attached plans is in compliance with the City of National City General Plan, since the portion of right-of-way to be vacated and closed does not serve to provide any motorized or non -motorized access that will not otherwise be maintained. 2. That this portion of Harrison Avenue and West 18th Street is not identified as a road or street in the Circulation Element of the General Plan. BE IT FURTHER RESOLVED that the street vacation and closure is approved subject to the following conditions: 1. This Street Closure authorizes the vacation of 40 feet by 250 feet of Harrison Avenue north of West 19th Street and the westerly 40 feet of West 18th Street directly abutting the subject segment of Harrison Avenue being vacated. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2020-09 SC dated 9/16/2020. 2. This Street Closure shall not become effective without approval of Coastal Development Permit 2020-09 CDP. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the City of National City Planning Department. 4. The City of National City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation and closure of the alley. 5. The City of National City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other Resolution No. 2020 — 210 Page Three structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation and closure of the alley. 6. The City shall reserve easement and right-of-way for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such aerial communications, facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, terminals, terminal equipment cabinets, service boxes, associated electrical conductor, and necessary fixtures and appurtenances. 7. The entire roadway is being vacated and the adjacent lots shall be kept free of tall weeds and debris per City of National City Municipal Code section 9.12.020 — Weeds growing or located upon public streets, sidewalks, or private property to be a public nuisance pursuant to National City Municipal Code. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Burlington Northern Santa Fe ("BNSF") shall call the National City Fire Department to arrange for inspection. 8. Upon the vacation and closure of Harrison Avenue, the applicant shall be responsible for the open storm drain pipe that is located at the southern terminus of Harrison Avenue north of West 19th Street. 9. The Harrison Avenue and West 18th reversionary interest shall remain encumbered under the railroad easement granted to BNSF under County of San Diego document number 84-362819, dated 9/25/1984. 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 right-of-way to be vacated is not needed for present or future public transportation uses, because the properties abutting the street under consideration will continue to have access to public streets. Resolution No. 2020 — 210 Page Four 4. That the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians. 5. That the vacation of the proposed segment of right-of-way is consistent with the City of National City's General Plan, because as the alley in this area is not an arterial or collector street. 6. That, once the Order of Vacation is executed, 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 Order of Vacation is executed, the above -described portion of public right-of-way will no longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 17th day of November, 20 O. AlejandrSotelo`Solis, Mayor ATTEST Mich el R. Dal la, la, CClerk APPROVED AS TO FORM: Charles E. Bell Jr., City rney ORDER OF VACATION The City of National City, by authority of Resolution No. 2020 - 210 duly adopted on November 17, 2020 by the City Council of the City of National City, hereby orders the vacation of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue, more particularly described in Exhibit "A", attached hereto. Executed this 17th day of November, 2020. ALEJANDA$OTELO-SOLIS, MAYOR /! MICHAEL R. DALLA, CITY CLERK Exhibit "A" 19TH arri O O J10 O rts grlp OtP oQ►W -c�i W A ss_s 0 4. tv • 0 a w m ST 1013W12 ARS CHANGES 8LK OLO aEW Y Ct 040 36 $39 Y %., L 39 243 233 4 $&..asip t ...8r20 r:Z Passed and adopted by the Council of the City of National City, California, on November 17, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California '! Aj4j1 City Clerk o the City of NatioI City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-210 of the City of National City, California, passed and adopted by the Council of said City on November 17, 2020. City Clerk of the City of National City, California By: Deputy