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HomeMy WebLinkAboutResolutionRESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) 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, in the City of National City, County of San Diego, State of California; 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, in the City of National City, County of San Diego, State of California; 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 proposed vacations and closures are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the said proposed vacations and closures do not provide a benefit for an accessible public right-of-way or for future 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 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 since 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 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. 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 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 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, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on June 18, 2013 by the City Council of the City of National City, hereby orders the vacation of 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. Executed this 18th day of June, 2013. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK FAHIBIT 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 17°45'42" 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 72'16'45" 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 12'04'44" AN ARC DISTANCE OF 80.41 FEET; THENCE LEAVING SAID CURVE NORTH 17'47'56" WEST 598.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 72'04'38" EAST 13.71 FEET; THENCE SOUTH 17°48'25" 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 SQ. 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 72'16'45" EASE. JW. B SHEET 1 OF 2 BY: DSK DATE: 5-31-12 SCALE: AS SHOWN ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPAI1 R.C.E.33520 DATE UCENSE E)CP. 06/30/2014 C' V' CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CALIFORNIA 92810 T. 949.916.3600 F. 949.916.3805 WWW.CVC-INC.NET 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 77'55'20" 16.17 C3 160.22 760.00 1704'44" 80.41 -ST APOD VA sv.vocs' SCALE: 1" = 50' EXH. B SHEET 2 OF 2 BY: DSK DATE: 5-31-12 SCALE AS SHOWN toi 11 cp wE TOP a STR N s��E � to IS c ram. 5�'./'T 2,2ND ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPA11 R.C.E.33520 LICENSE EXP. 06/30/2014 C 7.41 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING 6 SURVEYING 27156 BURBANK FOOTHILL RANCH, CALIFORNIA 92610 T. 949.916, 3800 F. 949,916,3805 WWW.CVC-INC.NET DATE STREET VACATION PORTION OF HOOVER AVENUE SHEET 2 OF 2 ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on June 18, 2013 by the City Council of the City of National City, hereby orders the vacation of 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. Executed this 18th day of June, 2013. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK 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. 345, 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 CENTERLINE 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 17'48'28" WEST 74.46 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 20'04'26" WEST 63.51 FEET; THENCE SOUTH 1748'28" EAST 24.27' TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" 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 OF: VINCENT W. SCARPA1I R.C.E33520 DATE LICENSE EXP. 06/30/2014 CSA/7i71 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING a SURVEYING 27156 BURBANK FOOTHILL RANCH, CALIFORNIA 92610 T. 949,916.3800 F. 949.916.3835 WWW.CVC-INC,NET STREET VACATION PORTION OF HARDING AVENUE SHEET 1 OF 2 EXHIBIT A -Harding sAvo' SCALE: 1" = 50' ETCH. B SHEET 2 OF 2 BY: DSK DATE: 5-31-12 SCALE: AS SHOWN SIT g'00 45rW 1 SI 6' 40 .00 ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATT R.C.E.33520 DATE LICENSE EXP. 06/30/2014 CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CALIFORNIA 92610 T. 949.916.3500 F. 949,916.3805 WWW.CVC-INC.NET STREET VACATION PORTION OF HARDING AVENUE SHEET2OF2