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HomeMy WebLinkAbout6432 RESOLUTION NO. 6432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE VACATION OF A PORTION OF THE ALLEY NORTH OF FOOTHILL BOULEVARD AND WEST OF VALENCIA WAY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia ("City Council"), on August 3, 2004, adopted Resolution No, 6428 declaring the intention of the City Council to vacate and abandon a portion of the alley north of Foothill Boulevard and west of Valencia Way in the City of Arcadia, County of Los Angeles, State of California. The location of that portion of the alley subject to the proposed vacation (the "Alley Portion") is more particularly shown in Exhibit "A" and Exhibit "B" attached hereto. SECTION 2. Notices of Resolution No. 6428 were duly published and posted in the manner and form and at the time required by the Streets and Highways Code of the State of California, Sections 8322 and 8323. SECTION 3. A Public Hearing was duly held September 7,2004 at 7:00 p.m, in the Council Chamber of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, at which time the City Council received all comments and evidence offered by persons interested in the proposed vacation of the Alley Portion. SECTION 4. Pursuant to Government Code 65402(a), the Planning Commission of the City of Arcadia, during its regular meeting on June 10, 2003 determined that the proposed vacation is consistent with the General Plan of the City of Arcadia. 1 6432 SECTION 5. The City Council does find that the vacation of the Alley Portion is being made in accordance with Chapters 3 and 5 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8320, et seq.) SECTION 6. Pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA), the proposed Alley Portion vacation is covered under the general rule that CEQA applies only to projects that have a potential for causing a significant effect on the environment. Where it can be seen with certainty that the activity will not have a significant effect on the environment a Notice of Exemption is sufficient. Therefore, a Notice of Exemption has been filed with the County Clerk of the County of Los Angeles, SECTION 7. Pursuant to the Streets and Highways Code Section 8340 and 8341, the City Council of the City of Arcadia finds that the public convenience and necessity require the reservation and exception of easements from the vacation to the following agencies: (a) To the Southern California Edison Company, the easement and right-of-way necessary to maintain, operate, replace, remove, or renew facilities necessary to transport electricity in, upon, or over the Alley Portion. (b) To Verizon California Incorporated, an easement to construct, use, maintain, , operate, alter, add to, repair, replace, reconstruct, inspect, remove, and renew such aerial and underground communication facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guy wires, cables, wires, cross arms, conduit, man-holes, hand holds, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenance in, upon or over the Alley Portion. '2 6432 SECTION 8. The City of Arcadia does find that the Alley Portion vacation and the recordation of this Resolution, shall be subject to the prior satisfaction of the following conditions: (a) A lot line adjustment shall be applied for and processed to conclusion by the owners of the properties at 1111 Valencia Way and 317 East Foothill Blvd. so that the westerly sixty-six (66) feet of the current alley shall become entirely under the fee ownership of the northerly lot (1111 Valencia Way), The applicants shall apply for the lot line adjustment and pay all applicable fees and the City shall process the application. Upon approval of the lot line adjustment, the City shall file a Certificate of Compliance with the Office of the County Recorder of Los Angeles County, The Certificate of Compliance shall be recorded at the time of recordation of this Resolution, SECTION 9. Pursuant to the Streets and Highways Code Section 8324, the City Council finds from all evidence submitted the Alley Portion unnecessary for present or prospective public use and, therefore, it is ordered that that the Alley Portion be vacated. This vacation shall automatically terminate and shall have no other force or effect if the condition set forth in Section 8 is not completed to the satisfaction of the City Engineer within six (6) months of the date of approval of this Resolution. SECTION 10. The City Clerk of the City of Arcadia shall certify to the adoption of this Resolution and shall cause a certified copy thereof to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder of Los Angeles County after the aforementioned conditions have been satisfied. 3 6432 SECTION 11. From and after the date this Resolution No. 6432 is recorded, the Alley Portion vacated will no longer constitute a public right-of-way. SECTION 12. The City Clerk shall certify to the adoption of this Resolution, Passed, approved, and adopted this 7th day of ~eptember; 2004. ATTEST: ity Clerk of the City of Arcadia APPROVED AS TO FORM: ~r.~ City Attorney of the City of Arcadia ',.. 4 6432 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6432 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 a regular meeting of said Council held on the 7th day of September, 2004 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 5 6432 EXlllBIT "A" LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED THE WEST ONE HALF OF THAT CERTAIN EAST-WEST ALLEY, 15 FEET WIDE, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP OF TRACT NO. 6341, RECORDED IN BOOK 104, PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AS FOLLOWS: EASTERLY BY THE WESTERLY LINE OF VALENCIA WAY, 50 FEET WIDE; WESTERLY BY THE WESTERLY LINE OF SAID TRACT NO. 6341; SOUTHERLY BY THE NORTHERLY LINES OF LOTS 26 THROUGH 29 OF SAID TRACT NO. 6341. AS SHOWN ON EXlllBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. EXHIBIT "An \ = ~~ (f) o '<t II '<""" LOT 24 EXHIBIT "B" 50' ~......,. ~ '..v ! -v' C'; '''' >- <( ;: LOT 31 ALLEY LOT 30 ~ o o ..- LOT 25 cD :::;: P.M. NO. 1081 ':> <- P.M. 18-26, ;.....--. elf ",-' ~ ." ':r t~, j Co ALLEY . 11) APPROXIMA TE AREA OF VACATION = 985.50 SQUARE FEET OR 0.0226 ACRES . ~ -t r<') co ci z a:: t- lJ.. o UJ z :J t- (/) ~ .- <J '{ C::: f-. '<""" <( CJ Z W -l <( > LOT 26 LOT 27 LOT 28 LOT 29 ~ o o ..- FOOTHILL ~ 50' BOULEVARD INDICATES AREA OF VACATED ALLEY PER EXHIBIT "An EXHIBIT "B" ... TITLE(S) : .A ~-- FEE rFREE This page is part of your document. DO NOT DISCARD RECEiVED UEe...,G 1UU~ e\1Y Or ARCNlIJ\ e\1Y cLER\< 04 2733206 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 11:21 AM OCT 22 2004 lEA D SHE E T D.T.T CODE 20 CODE 19 CODE 9 cl ~ Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. ... Number of AIN's Shown THIS FORM NOT TO BE DUPLICATED ..' I .. ... NAME MAILING ADDRESS CITY. STATE ZIP CODE R~CORDING REQUEST BY WHEN RECORDED MAIL TO / o iT Y Cl..8t.t<. ,c'lTY eF A-~cftDltt ?o 13o~ boo~1 A~AOI A Olt' q(Ol..lr-"oJI 04 2733206 ) SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) ~U{ TllJJ , ; R42B6/94 , . RESOLUTION NO. 6432 } A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE VACATION OF A PORTION OF THE ALLEY NORTH OF FOOTHILL BOULEVARD AND WEST OF VALENCIA WAY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia ("City Council"), on August 3, , 2004, adopted Resolution No. 6428 declaring the intention of the City Council to vacate and abandon a portion of the alley north of Foothill Boulevard and west of Valencia Way in the City of Arcadia, County of Los Angeles, State of California. The location of that portion . of the alley subject to the proposed vacation (the "Alley Portion") is more particularly shown . in Exhibit "A" and Exhibit "B" attached hereto. SECTION 2. Notices of Resolution No. 6428 were duly published and posted in the manner and form and at the time required by the Streets and Highways Code of the State of California, Sections 8322 and 8323. SECTION 3. A Public Hearing was duly held September 7,2004 at 7:00 p.m. in the Council Chamber of Arcadia City Hall, 240 West Huntirigton Drive, Arcadia, California, at which time the City Council received all comments and evidence offered by persons interested in the proposed vacation of the Alley Portion. SECTION 4. Pursuant to Government Code 65402(a), the Planning Commission of . the City of Arcadia, during its regular meeting on June 10, 2003 determined that the . proposed vacation is consistent with the General Plan of the City of Arcadia. , . .. .'" 04 2733206 1 , SECTION 5. The City Council does find that the vacation of the Alley Portion is 1 being made in accordance with Chapters 3 and 5 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8320, et seq.) SECTION 6. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposed Alley Portion vacation is covered under the general rule that CEQA applies only to projects that have a potential for causing a significant effect on the environment. Where it can be seen with certainty that the activity will not have a 'significant effect on the environment a Notice of Exemption is sufficient. Therefore, a Notice of Exemption has been filed with the County Clerk of the County of Los Angeles. SECTION 7. Pursuant to the Streets and Highways Code Section 8340 and 8341, the City Council of the City of Arcadia finds that the public convenience and necessity require the reservation and exception of easements from the vacation to the following agencies: (a) To the Southern California Edison Company, the easement and right-of-way necessary to maintain, operate, replace, remove, or renew facilities necessary to transport electricity in, upon, or over the Alley Portion. (b) To Verizon California Incorporated, an easement to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect, remove, and renew such aerial and underground communication facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guy wires, cables, wires, cross arms, conduit, man-holes, handholds, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary .' . fixtures and appurtenance in, upon or over the Alley Portion. 04 27.33'206 2 .' , SECTION 8. The City of Arcadia does find that the Alley Portion vacation and the .5 recordation of this Resolution, shall be subject to the prior satisfaction of the following conditions: (a) A lot line adjustment shall be applied for and processed to conclusion by the owners of the properties at 1111 Valencia Way and 317 East Foothill Blvd. so that the westerly sixty-six (66) feet of the current alley shall become entirely under the fee ownership of the northerly lot (1111 Valencia Way). The applicants shall apply for the lot line adjustment and pay all applicable fees and the City shall process the application. Upon approval of the lot line adjustment, the City shall file a Certificate of Compliance with the Office of the County Recorder of Los Angeles County. The Certificate of Compliance shall be recorded at the time of recordation of this Resolution. SECTION 9. Pursuant to the Streets and Highways Code Section 8324, the City Council finds from all evidence submitted the Alley Portion unnecessary for present or prospective public use and, therefore, it is ordered that that the Alley Portion be vacated. This vacation shall automatically terminate and shall have no other force or effect if the condition set forth in Section 8 is not completed to the satisfaction of the City Engineer within six (6) months of the date of approval of this Resolution. SECTION 10. The City Clerk of the City of Arcadia shall certify to the adoption of this Resolution and shall cause a certified copy thereof to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder of Los Angeles County after the aforementioned conditions have been satisfied. . ";, ~'. 04 273~~06 3 ~ SECTION 11. From and after the date this Resolution No. 6432 is recorded, the (p Alley Portion vacated will no longer constitute a public right-of-way. SECTION 12. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this 7th day of September; 2004. ~~GARY As KOVACIC Mayor of the City of Arcadia ATTEST: ISI JAMES H. BARROWS City Clerk of the City of Arcadia , . APPROVED AS TO FORM: ' "~r.~ City Attorney of the City of Arcadia . Arcadia. California 4 04 2733206 , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) 1 I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6432 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 a regular meeting of said Council held on the 7th day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None ISI ~AMES H. BARROWS tlty Clerk of the City of Arcadia 5 04 2733206 . . EXHIBIT "A" ~ LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED " EXHIBIT "AI! 04 2733206 . , cc./"nIDII 0, . '0 '<;j- i II 50' h.. . 0; . LOT 24 ..- ~ ' I ., "j, w a r LOT 31 ....J ...... ~ <( u lJ::i U1 :;:;' LOT 25 ~. "-- ;J; . ,/ co - . N ALLEY l1) ALLEY I .q- ..- 0 - ai P.M. NO. 1081 '.,. :::i < . P.M. 18-26f..... <( - .q- () <3 r'l to C2 Z d W z J..:.~ .:...J LOT 30 cr <( 1-' > lJ... LOT 26 LOT 27 LOT 28 LOT 29 0 w z :J 50' l- V) ~ A o o ~ FOOTHILL BOULEVARD A o o ~ APPROXIMATE AREA OF VACATION = 985.50 SQUARE FEET OR 0.0226 ACRES ~ INDICATES AREA OF VACATED ALLEY PER EXHIBIT "A" EXHIBIT "8" 04 2733206