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
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SCALE: 1" = 50'
EXH. B SHEET 2 OF 2
BY: DSK
DATE: 5-31-12
SCALE AS SHOWN
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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