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Home My WebLink About6384 RESOLUTION NO. 6384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE VACATION OF AN 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 July 15, 2003, adopted ResolCltion No. 6366 declaring the intention of the City Council to vacate and abandon 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. 6366 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 on August 19, 2003 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 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 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 easementto 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 SECTION 8.. The City of Arcadia does find that the vacation of the Alley Portion and the recordation of this Resolution, shall be subject to the prior satisfaction of the following conditions: (a) The owners of the properties at 1111 Valencia Way and 323 East Foothill Blvd. shall enter into a reciprocal access easement agreement ("Agreement") to allow those properties to have continued use of the easterly sixty-six (66) feet of the current alley for their mutual benefit, The Agreement shall be signed by the fee owners of both properties, shall have attached thereto for recordation subordinations thereto ("Subordinations") of all parties whose interests in the properties could ripen into a fee interest, shall be filed along with all the Subordinations with the Office of the County Recorder of Los Angeles County and a recorded copy of all such documents provided to the City. The Agreement and Subordinations shall be recorded at the time of recordation of this Resolution. The Agreement and Subordinations shall be in a form and substance approved by the City Attorney of Arcadia prior to recordation. (b) 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 3 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 two conditions set forth in Section 8 are 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. SECTION 11. From and after the date this Resolution No. 6384 is recorded, the Vacated Alley Portion 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 19th day of August 2003. Cit APPROVED AS TO FORM: \" C~fe~~~ 4 t STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCA~)JA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6384 was passed and adopted by the City Council ofthe City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of August, 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None ~ 5 " . EXHIBIT "A" LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED 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 Avenue, 50 feet wide; Westerly by the westerly line of said Tract No. 6341. As shown on Exhibit "B" attached hereto and by this reference made a part hereof Prepared under my supervision: ~^ 0, ()tu,c ~(7off)5 aVid O. Knell PLS 5301 Date C: \ wpdocs\arcadia - vac I. doc June 25, 2003 ." ,. Willd.n W .'\' EXHIBIT liB II '-, If' 24 I, \<) '-, (I; >- <( 3: 3J / , J;;J 75 '-, - If' C) '-" 50' //::-~<:';:;(lC6////)6;< ALLEY A,.., /// .-' ,'/ I JL ,~ I , () , {Q , '\' , ~' (I:;- , ~ <( I--. , ...... I U 2b I 27 28 29 Z 30 , I W PARCEL MAP NO' J08J ...J , r <( " , > PARCEL I I J I I P~M~8~! J8 -17b ;- FOOTHILL - o o BOULEVARD . (, , , .' 'I INDICATES AREA OF / / /.i ALLEY TO BE VACATED WILLDAN ENGINEERS. PLANNERS "191 CROSSROADS PARK~AY NORTH. SUITE ~05 INDUSTRY, CA. 91146-3491 (5621 908..6200 SCALE ,'= 50' DATE APR 28. 2003 DRAWN BY D,BEYERBACH ALLEY.DGN CHECKED BY D.KNELL ARCADIAIALLEYVAC SKETCH LEGAL TO ACCOMPANY DESCRIPTION