HomeMy WebLinkAboutResolutionRESOLUTION NO. 2011 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION
OF A PORTION OF EXCESS RIGHT-OF-WAY ON WEST 30TH STREET,
EAST OF INTERSTATE 5 AND THE RAILROAD RIGHT-OF-WAY
WHEREAS, application was submitted to vacate and close a portion of excess
right-of-way on West 30th Street, east of Interstate 5 and the railroad right-of-way more
particularly described in Exhibits "A" and "B", attached hereto and incorporated herein as though
set forth in full; and
WHEREAS, on June 6, 2011, the Planning Commission considered the proposed
vacation and closure and found and determined that the vacation and closure of the unimproved
portion of street right-of-way conforms with the City's adopted General Plan; and
WHEREAS, the City Clerk has caused notice of said vacations and closures to
be posted in the manner specified by law; 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 July 5, 2011, 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 public right-of-way is unnecessary for present or prospective motorized use
or for present or future installation of utilities; and
WHEREAS, the City Council at said hearing found that the unimproved public
right-of-way 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 said portion of public right-of-way are in conformity with the adopted General Plan;
and
NOW, THEREFORE, BE IT 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.
Resolution No. 2011 —
July 5, 2011
Page Two
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 right-of-way 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 has
not and would not be used for vehicular or 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 to
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 5th day of July, 2011.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
ORDER OF VACATION
The City of National City, by authority of Resolution No. 2011- duly adopted
on July 5, 2011, by the City Council of the City of National City, hereby orders the vacation
of an portion of excess right-of-way on West 30'1' Street, east of Interstate 5 and the railroad
right-of-way more particularly described in Exhibits "A" and "B", attached hereto.
Executed this 5'11day of July, 2011.
Ron Morrison, Mayor
Michael R. Dalla
City Clerk
EXHIBIT 'A'
LEGAL DESCRIPTION-30th STREET VACATION
PORTIONS OF LOTS 33 AND 34 AND A PORTION OF 29Th STREET IN BAHIA VISTA,
IN THE CITY OF NATIONAL crry, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO, 1815, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF 301" STREET AS SHOWN ON
RI1CORD OF SURVEY MAP NO. 15781 FILED IN THE OFFICE OF THE COUNTY
RECORDER OP SAN DIEGO COUNTY ON APRIL 3, 1998 AS FILE NO. 1998-0188561,
SAID POINT ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE,' OF THE SAN
DIEGO AND ARIZONA. EASTERN RAILROAD;
THENCE ALONG THE NORTHERLY RIGHT -OF —WAY LINE OF 301" STREET
ACCORDING TO SAID RECORD OF SURVEY MAP NO. 15781 NORTH 72° 16' 26" EAST,
81.99 FEET TO A POINT OF CUSP WITH A TANGENT 58.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;
THENCE, SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113° 53' 31" A DISTANCE OF
115.29 FEET, A RADIAL TO SAID POINT BEARS SOUTH 48' 22' 55" WEST;
THENCE, SOUTH 41° 23' 25" WEST, 11.58 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT -OF --WAY LINE OF SAID 3OTH STREET ACCORDING TO
SAID RECORD OF SURVEY MAP NO. 15781, SAID POINT LYING ON A 440 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS
SOUTH 41" 23' 25" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 5° 13' 53" A DISTANCE OF 40.17 FEET TO SAID EASTERLY
RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD;
THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO AND ARIZONA
EASTERN RAILROAD NORTH 1.7° 43' 34" WEST, 52.06 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS 2,533.63 SQUARE FEET MORE OR LESS,
Steven A. Bliss, PLS 5652
, if No. 5652 cn
'• •
-zz
DATE
0/ •
GRAPHIC SCALE
0 10 20
ssir
S41 °23'25"WAto
4
S
A.P. NO. �tr.
1562-220-33
T.P.O.B.
EXHIBIT
A.P. NO. 559--200-34`':
D 115°38'47° 4,158
S41'23'25'W
11.58'
LEGAL DESCRIPTION
PORTIONS OF LOTS 33 & 34 AND
A PORTION OF 29TH STREET IN
BAHIA VISTA, IN THE CITY OF
NATIONAL CITY, COUNT( OF SAN
DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP
THEREOF NO. 1815, FILED IN
OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO
COUNTY, DECEMBER 19, 1924
BASIS OF BEARINGS
THE BASIS OF BEARING FOR
THIS PLAT IS THE EASTERLY
RIGHT OF WAY LINE OF THE
SAN DIEGO AND ARIZONA
EASTERN RAILROAD ACCORDING
TO RECORD OF SURVEY NO.
15781 I.E. N17'43'34"W
LEGEND
INDICATES AREA TO BE VACATED
BY THE CITY OF NATIONAL CI1'
AREA 2,533.63 SO. FT .k
INDICATES TRUE POINT
OF BEGINNING
111IS PLAT WAS PREPARED BY ME
OR UNDER MY DIRECTION.
STEVEN A. BLISS PLS 5652 DATE
EWGINEERING DEPARTMENT
CrTY OP NATIONAL CITY
CUB1/430841 MOO
SSR&BT VACATION
PORTION OP SOTE STREET
It ILY COL—DE—SiC Ammo