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HomeMy WebLinkAbout5368 IA/ RESOLUTION NO. 5368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF THIRD AND FOURTH AVENUES NORTH OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND SOUTH OF HUNTINGTON DRIVE BETWEEN SECOND AND FIFTH AVENUES THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That on recommendation of the Department of Public Works of the City of Arcadia, Resolution No. 5363 was adopted declaring the intention of the Arcadia City Council to vacate and abandon a portion of Third and Fourth Avenues north of the Atchison, Topeka and Santa Fe Railroa.d and south of Huntington Drive between Second and Fifth Avenues, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Third Avenue Vacation: That portion of Third Avenue (60 feet wide) as shown on Map of Tract No. 5205 as per map recorded in Book 54, Page 61 of maps in the Office of the Recorder of Los Angeles County. Except that portion described as follows: Parcel 1: The northerly 20.00 feet measured at right angles to Huntington Drive as shown on said Tract. Fourth Avenue Vacation: That portion of Fourth Avenue (40 feet wide) as shown on Map of Tract No. 8504, as per map recorded in Book 107, Page 56 of maps in the Office of the Recorder of Los Angeles County and that portion of Fourth Avenue as per Parel Map No. 8213, as per map recorded in Book 95, Page 33 of Parcel Maps in the Office of the Recorder of said County and that portion of Lot 4 of aforementioned Tract No. 8504 granted to the City of Arcadia by Grant Deed dated December 29, 1971, as recorded in Book 5303, Page 394 of Deeds. Except that portion described as follows: Parcell: The northerly 20.00 feet measured at right angles to Huntington Drive as shown on Tract No. 8504. -1- 5368 A public hearing was duly held on August 18, 1987, on posted notice and publication of said Resolution No. 5363, at the hour of 7:30 p.m. in the Counc il Chambers of Arcad i a City Ha 11, 240 West Hunt i ngton Dr i ve, Arcad i a, California, for the purpose of hearing all persons interested in or objecting to the proposed vacation and abandonment of the above-described portions of Third and Fourth Avenues. At said public hearing, the City Council accepted and received all testimony offered in support of, or in objection to, said proposed vacation. SECTION 2. That the vacation of the above-described portions of Third and Fourth Avenues is being made in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code (Streets and Highways Code Section 8320). SECTION 3. That the City Council finds from all the evidence submitted that the said portions of Third and Fourth Avenues hereinabove described, and so included in the description in the Resolution of intention to vacate and abandon said Avenues, is unnecessary for present or prospective public use, and therefore, it is ordered that the above-described portions of subject Avenues be vacated. The reasons why subject streets are unnecessary include the following: a. Subject streets at the location described herein were never through streets. They dead end at a railroad right-of-way which has been in existence for at least 50 years and is still used with no known plans to change or eliminate the railroad's right-of-way. b. An existing redevelopment project as referred to in Sections 5 and 6 of the Resolution will provide an alternative means of egress and ingress for the public. -2- 5368 c. As a result of the referred to redevelopment project, previous land uses adjacent to subject street areas have been acqu ired and removed by the Aracadia Redeve'lopment Agency, a new project will take their place and public access provided by the deve loper consi stent with deve loper I s des ign thereby supplanting any need for the current street right-of-way as described in this Resolution. SECTION 4. Pursuant to the provisions of Section 5079 of the Public Resources Code of the State of California, this Council does hereby find and determine that neither hereinabove-described portion of said Avenues nor parts thereof are useful as bicycle paths or routes. SECTION 5. The Focused Environmental Impact Report and the other environmental documents approved or certified at the time of adopting that certain Disposition and Development Agreement between the Arcadia Redevelopment Agency (ARA) and Gribble and Associates (Developer) adequately address subject street vacation for purposes of the California Environmental Quality Act (CEQA). Pursuant to Section l5l68(c)(2) of the State CEQA Guidelines, all effects and mitigation measures addressed in the referred to Environmental Impact Report are not altered by the street vacation authorized herein. SECTION 6. Subject street vacation is within the scope of the redevelopment project described in the May 6, 1986 Disposition and Development Agreement referred to in Section 5 above. SECTION 7. That from and after the date that Resolution No. 5368 is recorded, the vacated portions of Third and Fourth Avenue will no longer constitute a public street. SECTION 8. That the City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy thereof to be recorded in the Office of the County Recorder of Los Angeles County. -3- 5368 Passed, approved and adopted this 18th day of August , 1987. ~Of{~ ATTEST: ~~~ Clty Clerk of the Clty of Arcadla STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ARCADIA ) I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5368 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at regular meeting of said Council held on the 19th day of August , 1987, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chandler, Harbicht, Lojeski and Gilb NOES: None ABSENT: Councilmember Young ~ Clty Clerk of the Clty of Arcadla -4- 5368 ,"c ;ALlFORNIA C. ~ F LOS ANGELES l ". IJ .RCADIA \ 87-1332254 .ol ~ISTINE VAN MAANEN, the duly elected qualified and acting Clerk of the City of Arcadia, California, do rj;ertify that the foregoing is a full, true and correct copy of Reso 1 uti on No. 5368, entitl ed: "A j~uTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND .~ONMENT OF A PORTION OF THIRD AND FOURTH AVENUES NORTH OF THE ATCHISON, TOPEKA AND SANTA FE ;;ROAD AND SOUTH OF HUNTINGTON DRIVE BETWEEN SECOND AND FIFTH AVENIES". J same appears of record and on file in my office, and that I have carefully compared the same with the original. Witness whereof, I have hereunto set my hand and affixed the seal of the City of Arcadia, this 19th I Auqus t ,19~. By Deputy ~ .?/cC,c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF THIRD AND FOURTH AVENUES NORTH OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND SOUTH OF HUNTINGTON DRIVE BETWEEN SECOND AND FIFTH AVENUES 87-1332254 RESOLUTION NO. 5368 r F~~E ?~G J THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That on recommendation of the Department of Public Works of the City of Arcadia, Resolution No. 5363 was adopted declaring the intention of the Arcadia City Council to vacate and abandon a portion of Third and Fourth Avenues north of the Atchison, Topeka and Santa Fe Raf1r~ and south of Huntington Drive between Second and Fifth Avenues, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Third Avenue Vacation: That portion of Third Avenue (60 feet wide) as shown on Map of Tract No. 5205 as per map recorded in Book 54, Page 61 of maps in the Office of the Recorder of Los Angeles County. Except that portion described as follows: Parcell: The northerly 20.00 feet measured at right angles to Huntington Drive as shown on said Tract. Fourth Avenue Vacation: That portion of Fourth Avenue (40 feet wide) as shawn on Map of Tract No. 8504, as per map recorded in Book 107, Page 56 of maps in the Office of the Recorder of Los Angeles 'County and that portion of Fourth Avenue as per Pare1 Map No. 8213, as per map recorded in Book 95, Page 33 of Parcel Maps in the Office of the Recorder of said County and that portion of Lot 4 of aforementioned Tract No. 8504 granted to the City of Arcadia by Grant Deed dated December 29, 1971, as recorded in Book 5303, Page 394 of Deeds. o. Except that portion described as follows: Parcell: The northerly 20.00 feet measured at right angles to Huntington Drive as shown on Tract No. 8504. -1- ~ A public hearing was duly held on August 18, 1987, on posted notice and publication of said Resolution No. 5363, at the hour of 7:30 p.m. in the Council Chambers of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, for the purpose of hearing all persons interested in or objecting to the proposed vacation and abandonment of the above-described portions of Third and Fourth Avenues. At said public hearing, the City Council accepted and received all testimony offered in support of, or in objection to, said proposed vacation. SECTION 2. That the vacation of the above-described portions of Third and Fourth Avenues is being made in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code (Streets and Highways Code Section 8320). SECTION 3. That the City Council finds from all the evidence submitted that the said portions of Third and Fourth Avenues hereinabove described, and so included in the description in the Resolution of intention to vacate and abandon said Avenues, is unnecessary for present or prospective public use, and therefore, it is ordered that the above-described portions of subject Avenues be vacated. The reasons why subject streets are unnecessary include the following: a. Subject streets at the locat ion described herein were never through streets. They dead end at a railroad right-of-way which has been in existence for at least 50 years and is still used with no known plans to change or eliminate the railroad's right-Of-way. b. An existing redevelopment project as refetred to in Sections 5 and 6 of the Resolution will provide an alternative means of egress and ingress for the public. -2- 87-1332254 !53fo ~ r c. As a result of the referred to redevelopment project, previous land uses adjacent to subject street areas have been acquired and removed by the Aracadia Redevelopment Agency, a new project will take their place and public access provided by the developer consistent with developer's design thereby supplanting any need for the current street right-of-way as described in this Resolution. SECTION 4. Pursuant to the provisions of Section 5079 of the Public Resources Code of the State of California, this Council does hereby find and determine that neither hereinabove-described portion of said Avenues nor parts thereof are useful as bicycle paths or routes. SECTION 5. The Focused Environmental Impact Report and the other environmental documents approved or certified at the time of adopting that certain Disposition and Development Agreement between the Arcadia Redevelopment Agency (ARA) and Gribble and Associates (Developer) adequately address subject street vacation for purposes of the California Environmental Quality Act (CEQA). Pursuant to Section 15l68(c)(2) of the State CEQA Guidelines, all effects and mitigation measures addressed in the referred to Environmental Impact Report are not altered by the street vacation authorized herein. SECTION 6. Subject street vacation is within the scope of the redevelopment project described in the May 6, 1986 Disposition and Development Agreement referred to in Section 5 above. SECTION 7. That from and after the date that Resolution No. 5368 is recorded. the vacated portions of Third and Fourth Avenue wi 11 no longer constitute a public street. SECTION 8. That the City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy thereof to be recorded in the Office of the County Recorder of Los Angeles County. -3- 87-1332254 53 to 9 Passed, approved and adopted th i s 18t h day of Augus t , 1987. ATTEST: /s/ CHARLES E. GILB Mayor of the CIty of Arcadla /s/ CHRISTINE VAN MAANEN Clty Clerk of the Clty of Arcadla STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ARCADIA ) I, CHRISTINE VAN WNEN, City Clerk of the City of Arcadia, .!Tereby certify that the foregoing Resolution No. 5368 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at regular meeting of said Council held on the 19th day of August , 1987, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmernber Chandler, Harbicht, Lojeski and Gilb NOES: None ABSENT: Councilmernber Young /s/ CHRISTINE VAN MAANEN Clty Clerk of the Clty of Arcad1a RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA MIN. 11" M, AUG 20 1987 PAST. ... 1 -4- 87-1332254 630';