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HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 1105 / 1121 / 1123 - 1125 National City BlvdRECORDING REQUESTED BY: Pro rty Owner's Na e Pr3pelty'Owner's Signature WHEN RECORDED MAIL TO: Planning Division City of National City 1243 National City Boulevard National City, CA 91950 D0C # 2013-0129057 1111111111111111111111101111111E1111111111111111111111111 FEB 27, 2013 2:11 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 123.00 15 718 PAGES: 22 IIIIIIIIIIIIIIIII1111111111111111111111111III1I111111111111111IIIIIIIIII1111111111111 NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 1105, 1121, and 1123-1125 National City Blvd. Assessor's Parcel # 556-554-18, 19, 20, and 25 The real property located in the City of National City, County of San Diego, State of California described as follows: Lots 1 through 6 of Block 1 of F A Kimball's Sub in the City of National City, in the County of San Diego, State of California, according to Map thereof No. 585 and Lot 2 of Centro/Revolution 2 Case File No. S-2006-5 in the City of National City, in the County of San Diego, State of California, according to Map thereof No. 15807. is restricted by conditions of approval of Successor Agency Resolution No. 2012-28 and City Council Resolution 2013-11 issued by the City of National City. The obligations and restrictions imposed by Successor Agency Resolution No. 2012-28 and City Council Resolution 2013-11 approving the Downtown Specific Plan Consistency Review and Street Vacation (2012-16 DSP, SC) are binding on all present or future interest holders or estate holders of the property. Copies of Successor Agency Resolution No. 2012-28 and City Council Resolution 2013-11 are on file with the National City Planning Department. Dated: January 23, 2013 APPROVED AS TO FORM: G.Si tto of National City Brad Raulston, Executive Director City of National City 15719 Please have this form signed and notarized, and return to the Planning Department, City of National City, 1243 National City Boulevard, National City, California, 91950 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss says; We are ACCEPTANCE FORM 2012-16 DSP, SC .S /cue. / 6 rco/4 , being first duly sworn, deposes and y the applicant(s) for / owner(s) of the property described in the above noted Conditional Use Permit Case. -Weftre aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit case as set forth in Successor Agency Resolution No. 2012-28 and City Council Resolution 2013-11, copies of which I (we) have received, read and accepted. T-Sc f-OJ N L rve, C� DATE: 2 \ 1 tss Subscribed and sworn to before me this day of , 2013. Notary Public in and for the County of San Diego, State of California. My Commission expires (Signature) if De 5f ?� Address //) City, State, Zip ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } 15720 On January 23, 2013, before me, Michael R. Dalla, City Clerk, personally appeared BRAD RAULSTON, Executive Director and CLAUDIA G. SILVA, City Attorney, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A Mic ael R. DaII • , CMC, City Cle ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA personally appeared } 15721 ) before (Insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be tf person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Rec.Form #R11 (12/05/07) (This area for official notarial seal) NOTARY SEAL CERTIFICATION 1!'722 (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:-5%7')'1-0 ,vim Commission Number: / y ,2'76'7 Date Commission Expires: / 0 County Where Bond is Filed: Z2 -vu-c2_.ej ) Manufacturer or Vendor Number: A) j&) ,4 -L (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) Place of Execution: San Diego Date: / Rec. Forth #R10.1 (Rev 6/11/03) 1 P723 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PROCEDURES FOR PROCESSING AN ACCEPTANCE FORM Once your project has received approval (after the City Council has filed Notice of Decision or approved the project at a public hearing) the following must be done: The Acceptance Form is a written statement acknowledging and accepting all conditions imposed upon the approval of the permit. This form, filled out by the Planning Department, will be mailed to you. It must be signed and dated by the property owner in the presence of a Notary Public. If the project applicant is different from the property owner, a second acceptance form will be sent; it must be signed and dated by the applicant in the presence of a Notary Public. The Notary will certify that the signature is legally authentic. (Notary Publics are listed in the Yellow Pages). Once the forms are notarized they are to be returned to the Planning Department. Failure to return the Acceptance Forms within 30 days of its receipt shall automatically terminate the permit. RESOLUTION NO. 2012 — 28 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY ,1 S 7 2 4 TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW (2012-16 DSP) FOR "REVOLUTION 2" LOCATED AT 1105, 1121, AND 1123-1125 NATIONAL CITY BOULEVARD, AND ADJACENT TO 41 EAST 12TH STREET (APN'S 556-554-18, 19, 20, AND 25) SUBJECT TO CONDITIONS OF APPROVAL AND BASED ON FINDINGS OF FACT APPLICANT: THE FOCUS GROUP WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Successor Agency to consider all development proposals at a public hearing; and WHEREAS, the Successor Agency considered the application at a duly advertised public hearing held on October 18, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Successor Agency considered the recommendation and findings of the staff report contained in Case File No. 2012-16 DSP, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare; and WHEREAS, the Successor Agency desires to achieve the goals and implement the policies of the Downtown Specific Plan; and WHEREAS, the Successor Agency has determined that the adoption of the action recited herein would further the goals and policies of the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance. The project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Downtown Specific Plan. The proposed project complies with all development standards for Development Zone 5B of the Downtown Specific Plan, including floor area ratio, building height, and parking. 2. Creating a Place for People. The project enhances the pedestrian experience with attractive and distinctive design and amenities. The proposed project creates a pedestrian amenity in the form of an outdoor dining area along National City Boulevard. Resolution No. 2012 — 28 December 18, 2012 Page 2 15725 3. Enrich the Existing. The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. The proposed project design is appropriate in the context of the adopted Downtown Specific Plan vision for the area. The scale of the project is compatible with nearby development (Centro). 4. Make Connections. The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation, and automobile — in that order. Automobile parking is completely contained below grade, and vehicular circulation and access is limited to two separate driveways into the site, which would reduce pedestrian - automobile conflicts. 5. Work with the Landscape. The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources —climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. The proposed project does not significantly alter the existing landform, and is designed into the existing site topography. 6. Mix Uses and Forms. The project weaves together different building forms, uses, textures, and densities. The proposed project architecture and design creates a variety of articulation in the building, and includes a range of materials, colors, and textures in its design, and would be consistent with the existing Centro project to the east. 7. Design for Change. The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk), and the service infrastructure, and introduces or acknowledges through design new approaches to transportation, traffic management, and parking. The proposed project would introduce compact development to the site. Vehicular traffic would be controlled through minimal access into the site, reducing curb cuts and vehicular - pedestrian conflicts. Parking would be contained intemally and below grade to reduce the amount of land area used for surface parking facilities and vehicular circulation. BE IT FURTHER RESOLVED that the Successor Agency finds that the project, based on the findings herein, would be consistent with the adopted Downtown Specific Plan for which a Program Environmental Impact Report was certted, and a Mitigation Monitoring and Reporting Program adopted, and finds on the basis of the whole record that the project would not result in a new significant impact or substantial increase in the severity of previously identified impacts, and that this finding reflects the Successor Agency's independent judgment and analysis. Resolution No. 2012 — 28 December 18, 2012 Page 3 BE IT FURTHER RESOLVED that the Successor Agency, in order to insure that the project is developed in substantial conformance with the approved plans, that all necessary improvements are provided, and that the project be consistent with the Downtown Specific Plan, determines that the project shall be subject to the following conditions of approval: General 726 1. This Consistency Review authorizes the construction of a mixed -use project incorporating 157 residential units, 3,000 square feet of commercial space, and 209 parking spaces on property between 11`h and 12Th Streets, and between "A" Avenue and National City Boulevard (not including the Enterprise Rent-A-Car property). Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2"d Revision, Case File No. 2012-16 DSP, SC, dated November 1, 2012. 2. 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 for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. Before this Consistency Review shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fomi, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Consistency Review. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Consistency Review are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney, and signed by the Executive Director prior to recordation. Building 4. Plans submitted for construction shall comply with the 2010 editions of the Califomia Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, Accessibility, and Green Codes. Engineering 5. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Division requirements. Resolution No. 2012 — 28 December 18, 2012 Page 4 15727 6. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with City requirements. The plan shall show all existing storm drains and details of any new connections. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. The property owner and/or landlord shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner and/or landlord shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Resolution No. 2012 — 28 December 18, 2012 Page 5 15728 Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Division. 13. The existing and proposed curb inlets on the property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than one (1) acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of which shall be given to the City of National City Engineering Division prior to any work beginning on the project. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 17. A soils engineering report shall be submitted for the Engineering Division's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Division requirements. 18. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically, all sidewalks along 11th Street, 12th Street, and "A" Avenue, and all curb and gutter along 11th Street and 12th Street. 19. The existing pedestrian ramps at 12th Street and "A" Avenue, and 11th Street and "A" Avenue shall be removed and replaced with standard ramps that comply with ADA requirements and the Regional Standard Drawing G-27. 20. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 21. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed Resolution No. 2012 — 28 December 18, 2012 Page 6 1F729 with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Division as soon as filed. 22. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 23. Street improvements shall be in accordance with the City Standards. All missing street improvements along the property frontages shall be constructed. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. "A" Avenue has been identified as a 'green street', and as such shall incorporate low -impact design (LID) features consistent with the City's "A" Avenue Green Street Pedestrian Pathway Project. 24. A title report shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 25. All electrical, telephone, and similar distribution service wires for the new structure(s) shall be placed underground. 26. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 27. The eastem half of the southem 100 feet of the alley between 11 th and 12'" Streets, plus three feet west of the alley centerline, shall be replaced. Fire 28. The project shall be in compliance with the current editions of the NFPA, CFC 2010 edition, and National City Municipal Codes. 29. Fire alarm and fire sprinkler plans will be required. 30. Temporary standpipes shall be required at the start of the construction of the third floor. 31. Plans shall be in compliance with National City Municipal Code Section 15.28. Planning 32. No grading or construction activities may take place, or permits for such activities issued by the City of National City, until the associated vacation of the northerly 160 feet of alley has been completed. 33. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to Resolution No. 2012 — 28 December 18, 2012 Page 7 Police 1'730 building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 34. Incorporate CPTED (Crime Prevention Through Environmental Design) principles during planning and construction periods. Sweetwater Authority 35. Any new water services required to serve the project shall include the installation of badcflow prevention assemblies. 36. Water meters shall not be located within three feet of the edge of a driveway apron. 37. A ten -foot horizontal separation shall be provided between water laterals. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the Successor Agency meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18th day of Decer, 2012 ATTEST: Michael R. Della,ltity Clerk as Secretary to the Successor Agency PPROVED AS TO FORM: I C'T •'. Ga ; ua Silva Successor Cj cy Counsel Ron Morrison, Chairman Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, Califomia, on December 18, 2012 by the following vote, to -wit: Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: .None. Abstain: None. AUTHENTICATED BY: RON MORRISON 15731 Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California MICHAEL R. DALLA City Clerk Serving as Secretary to the Successor Agency By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-28 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on December 18, 2012. ity Clerk Serving"as Secretary to the Successor Agency By: Deputy RESOLUTION NO. 2013 — 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION OF THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN 11TH STREET AND EAST 12TH STREET, EAST OF NATIONAL CITY BOULEVARD APPLICANT: THE FOCUS GROUP CASE FILE NO. 2012-16 SC 15732 WHEREAS, application was made requesting to vacate and close the northerly 160 feet of the alley between 11th Street and 12th Street, east of National City Boulevard, more particularly described in Exhibit "A", 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 October 30, 2012, the City Council conducted a hearing and initiated the said proposed vacation and closure of the northerly 160 feet of the alley between llth and 12th Streets, east of National City Boulevard; and WHEREAS, the City Engineer has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, on November 19, 2012, the Planning Commission considered the proposed vacation and closure, and found and determined that the vacation and closure of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard. 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, a public hearing was held on December 18, 2012 and continued to the meeting of January 15, 2013, in the City Council Chamber, 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, at the January 15, 2013 public hearing, the City Council found, from all evidence submitted, that said northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard is unnecessary for present or prospective public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard, 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 the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard, are in conformity with the adopted General Plan; and Resolution No. 2013 —11 January 15, 2013 Page Two 15733 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Street Vacation based on the following findings: 1. That the portion of alley to be vacated is unnecessary for present or prospective public use, since all of the properties abutting the area proposed to be vacated are owned by the project proponent, who wishes to redevelop their properties, and since access to 12th Street is still provided from National City Boulevard and "A" Avenue. 2. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the alleyway is not identified as critical access in the Circulation Element of the General Plan. 3. That there are no policies or goals in the General Plan that the proposed vacation would conflict with. 4. That the vacation of the alley would allow for efficient and cohesive development of underdeveloped and vacant properties, a goal which is consistent with the General Plan. BE IT FURTHER RESOLVED that the alley vacation is approved subject to the following conditions: 1. The alley vacation shall only occur if the associated Downtown Specific Plan Consistency Review (2012-16 DSP) is approved. 2. A Preliminary Title Report and a policy of title insurance shall be provided prior to recordation of the Order to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities within the alley after vacation of said alley. 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 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 Califomia Streets and Highways Code. 3. That the right-of-way to be vacated is 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. Resolution No. 2013 — 11 January 15, 2013 Page Three 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 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 residential and emergency access to the area. 6. 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 Section 8325 of the California Streets and Highways Code. 7. 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 15th day of Janua 13. ATTEST: iv Michael R. Dalla!City Clerk PROVED AS TO FORM: 1►) s! dia G ua Silva City Atto n Morrison, Mayor 734 ORDER OF VACATION 1S735 The City of National City, by authority of Resolution No. 2013-11 duly adopted on January 15, 2013, by the City Council of the City of National City, hereby orders the vacation of the northerly 160 of the alley between 11m and 12th Streets east of National City Boulevard more particularly described in Exhibit "A", attached hereto. Executed this 15'h day of January, 2013. N MORRISON, MAYOR / MI HAEL R. D ! LA, CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION FOR ALLEY VACATION 1r736 A PORTION OF THE ALLEY ADJACENT TO LOTS 1 THROUGH 6, INCLUSIVE, IN BLOCK 1 OF F. A. KIMBALL'S SUBDIVISION OF THE WEST HALF OF 10 ACRE LOT 4, IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 585, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 29, 1889. ALSO, THE SOUTHERLY 10 FEET OF 11TH STREET ADJOINING SAID ALLEY ON THE NORTH, AS CLOSED TO PUBLIC USE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF CENTRO/REVOLUTION 2, CASE FILE NO. S-2006-5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 15807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 30, 2010 AS FILE NO. 2010-0729372 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF 11TH STREET AS CLOSED TO PUBLIC USE, THENCE SOUTH 17°44'26" EAST, 160.15 FEET MORE OR LESS ALONG THE WESTERLY LINE OF SAID LOT 2, MAP NO. 15807 AND THE EASTERLY LINE OF SAID ALLEY TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 6; THENCE SOUTH 72°04'43" WEST, 20.00 FEET ALONG SAID SOUTHERLY PROLONGATION OF SAID LOT 6 TO THE SOUTHEASTERLY CORNER OF SAID LOT 6; THENCE NORTH 17°44'26" WEST, 160.15 FEET MORE OR LESS ALONG THE EASTERLY LINE OF SAID LOTS 1 THROUGH 6, INCLUSIVE AND THE WESTERLY LINE OF SAID ALLEY TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF 11TH STREET AS CLOSED TO PUBLIC USE, SAID POINT ALSO BEING 30 FEET SOUTHERLY OF THE CENTERLINE OF SAID 11TH STREET; THENCE NORTH 72°04'43" EAST, 20.00 FEET ALONG A LINE THAT IS 30.00 FEET SOUTHERLY AND PARALLEL WITH SAID CENTERLINE OF 11TH STREET TO THE TRUE -POINT -OF BEGINNING. ,-OGETFE H AN EASEMENT FOR PUBLIC UTILITIES OVER THE WESTERLY 17't.50 FEET OF HE ABOVE -DESCRIBED ALLEY VACATION. 7 (13 WILLIAM A. SNIPES, LS8034 DATE Passed and adopted by the Council of the City of National City, California, on January 15, 2013 by the following vote, to -wit: 1r737 Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-11 of the City of National City, California, passed and adopted by the Council of said City on January 15, 2013. City ty PNational City, California Clerk of the i o By: Deputy 40' __ V I]'44'26'W 100.10' NATIONAL CITY BOULEVARD 15738 N17.94'24-0 160.13' 1 N Z r C) Q 0 -r��ALLEY N17. 9 26=W 160.15 Vl 57-bSS-9SS NdV 1 n l— LG9Sf. devV N1 ]644 3�M 260.29'- 'A' AVENUE O ri 30' �t— r WED a 1 xo OAQ anso-, rc5aflo BY °ELNA was MS WAS 9A1[ 10/01/12 ALLEY VACATION 19ETWEFN Ilif-I AND IZTH STREETS) REVOLUTION A PARTMEN TS ED FOS w. NCI222 1051 SNIPES -DYE ASSOCIATES 8348 CENTER DRIVE, SUITE G. LA MESA, CA 91942-291 0 (6191697-E234, FAX (619(480-2O33 • 15739 TRUE COPY CERTIFICATION Y, (Government Cade 27361.7) San Diego Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. C7l- /2- ( / Date Signature of Declarant Pf0th 1 Aorivo . c(35 Type or Print Name Flee. Form #R9.1 (8-11-03)