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HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 — 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 16TH AND WEST 18TH 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 18" 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 16" 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 — 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. PASSED and ADOPTED this 6th day of May, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2014- 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 161" and West 181" Streets, more particularly described in Exhibits "A" and `B", attached hereto. Executed this 6t" day of May, 2014. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK