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HomeMy WebLinkAbout5407 . RESOLUTION NO. 5407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF THE SOUTHERLY 210' OF NORTH THIRD AVENUE ADJOINING HUNTINGTON DRIVE 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. 5399 was adopted declaring the intention of the Arcadia City Council to vacate and abandon the remaining portion of North Third Avenue adjoining Huntington Drive, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Beginning at the southeast corner of Lot 11, Tract No. 6860, as per map recorded in Book 78, Page 75 of Maps in the Office of the Recorder of Los Angeles County, thence northerly 230.00 feet along westerly line of Third Avenue (60 feet wide) as shown on map of said Tract No. 6860, thence easterly in a direct line a distance of 60 feet to the northwesterly corner of Lot 19 of aforementioned Tract No. 6860, thence southerly along the easterly line of aforementioned Third Avenue 230.00 feet to the southwesterly corner of Lot 12 of aforementioned Tract No. 6860, thence westerly in a direct line to the point of beginning. Except that portion described as follows: The southerly 20.00 feet measured at right angles to Huntington Drive as shown on said Tract. A public hearing was duly held on March 1, 1988, on posted notice and publication of said Resolution No. 5399, 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 remaining / 5407 portion of North Third Avenue. 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 remaining portion of North Third Avenue 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 et. seq.). SECTION 3. That the City Council finds from all the evidence submitted that the said portion of street hereinabove described, and so included in the description in the Resolution of intention to vacate said street, is unnecessary for present or prospective street purposes, and therefore, it is ordered that the above described portion of street be vacated; provided, that the public convenience and necessity require the reservation of a permanent easement and the right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew water lines, sanitary sewers and storm drains and appurtenant structures in, upon, over and across the above-described property or part thereof, proposed to be vacated, and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telephone lines and lines for the transportation or distribution of electrical energy in, upon, over and across the above-described property or part thereof, and these proceedings are taken subject to such reservation. SECTION 4. Pursuant to Streets and Highways Code Section 8324, the City Council finds from all the evidence submitted that the said remaining 2 5407 portion of North Third Avenue hereinabove described, and so included in the description in the Resolution of intention to vacate and abandon said Avenue, is unnecessary for present or prospect ive pub 1 ic use, and therefore, it is ordered that the above-described remaining portion of subject Avenue be vacated. The reasons why subject streets are unnecessary include the following: a. An existing redevelopment project as referred to in Sections 6 and 7 of the Resolution will provide an alternative means of egress and ingress for the public. b. As a result of the referred to redevelopment project, previous land uses adjacent to subject street areas have been acquired and removed by the Arcadia Redevelopment Agency, a new project will take their place and public access will be provided by the deve loper cons i stent with deve 10per I s des ign thereby supplanting any need for the current street right-of-way as described in this Resolution. SECTION 5. Pursuant to the provisions of Section 2381 of the Streets and Highways Code of the State of California, this Council does hereby find and determine that neither hereinabove-described portion of said Avenue nor parts thereof are useful as bicycle paths or routes. SECTION 6. The Focused Environmental Impact Report and the other environmenta 1 documents approved or certified at the time of adopting that certain Disposition and Development Agreement between the Arcadia Redeve lopment Agency (ARA) and Emkay Development Company (Developer) adequately address subject street vacation for purposes of the California Environmental Quality Act (CEQA). Pursuant to Section l5l68(c)(2) of the 3 5407 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 7. Subject street vacation is within the scope of the redevelopment project described in the November 17, 1987 Disposition and Development Agreement referred to in Section 6 above. SECTION 8. That from and after the date that Resolution No. 5407 is recorded, the vacated remaining portion of North Third Avenue will no longer constitute a public street. SECTION 9. 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. 4 5407 Passed, approved and adopted this 1st day of March , 1988. ~~~~'''d;; 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. 5407 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 1st day of March , 1988, and that said Reso lut ion was adopted by the following vote, to wit: AYES: Councilmember Chandler, Harbicht, Lojeski, Young and Gilb NOES: None ABSENT: None q-~. of the Clty of Arcadla 5 5407 Christine Van Maanen C:I,ty Clerk POBox60 Arcadia, Ca. 91006 88 ~ ~ I .' RESOLUTION NO. 5407 I FR~E IJ u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF THE SOUTHERLY 210' OF NORTH THIRD AVENUE ADJOINING HUNTINGTON DRIVE THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOloJS: SECTION 1. That on recommendation of the Department of Public loJorks of the City of Arcadia, Resolution No. 5399 was adopted declaring the intention of the Arcadia City Council to vacate and abandon the remaining portion of North Third Avenue adjoining Huntington Drive, in the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Beginning at the southeast corner of Lot 11, Tract No. 6860, as per map recorded in Book 78, Page 75 of Maps in the Office of the Recorder of Los Angeles County, thence northerly 230.00 feet along westerly line of Third Avenue (60_feet wide) as _shown on map of said Tract -rio..G860, thence easterly in a direct line a distance of 60 feet to the northwesterly corner of Lot 19 of aforementioned Tract No. 6860, thence southerly along the easterly line of aforementioned Third Avenue 230.00 feet to the southwesterly corner of Lot 12 of aforementioned Tract No. 6860, thence westerly in a direct line to the point of beginning. Except that portion described as follows: The southerly 20.00 feet measured at right angles to Huntington Drive as shown on said Tract. A public hearing was duly held on March I, 1988, on posted notice and publication of said Resolution No. 5399, 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 intere~ted in or objecting to the proposed vacation and abandonment of the above-described remaining RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUN1Y . CALIFORNIA 1 MIN. q A.M. MAR 14 1988 PAST. -vw?- ... - -. " , , - ,- :port'ion- of North Th i rd Avenue. At sa id pub 1 i c heari ng, the City Counc i 1 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 remaining portion of North Third Avenue 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 et. seq.). SECTION 3. That the City Council finds from all the evidence submitted that the said portion of street hereinabove described, and so included in the description in the Resolution of intention to vacate said street, is unnecessary for present or prospective street purposes, and therefore, it is ordered that the above described portion of street be vacated; provided, that the public convenience and necessity require the reservation of a permanent easement and the right at any time, or from time to --time, to-construct, maintaln~. operate, replace, remove and renew water lines, sanitary sewers and storm drains and appurtenant structures in, upon, over and across the above-described property or part thereof, proposed to be vacated, and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, ma i nta in, operate, rep lace, remove, renew and en large I ines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telephone lines and I ines for the transportation or distribution of e lectrica I energy in, upon, over and across the above-described property or part thereof, and these proceedings are taken subject to such reservation. SECTION 4. Pursuant to Streets and Highways Code Section 8324, the City Council finds from all the evidence submitted that the said remaining , 2 ~.341335 54D 1- portion of North Third Avenue hereinabove described, and so included in the description in the Resolution of intention to vacate and abandon said Avenue, is unnecessary for present or prospective public use, and therefore, it is ordered that the above-described remaining portion of subject Avenue be vacated. The reasons why subject streets are unnecessary include the following: a. An existing redevelopment project as referred to in Sections 6 and 7 of the Resolution will provide an alternative means of egress and ingress for the public. b. As a result of the referred to redevelopment project, previous land uses adjacent to subject street areas have been acquired and removed by the Arcadia Redevelopment Agency, a new project will take their place and public access will be provided by the developer consistent with developer's design thereby supplanting any need for the current street right-of-way as described - - - -filthis Reso lution. SECTION 5. Pursuant to the provisions of Section 2381 of the Streets and Highways Code of the State of California, this Council does hereby find and determine that neither hereinabove-described portion of said Avenue nor parts thereof are useful as bicycle paths or routes. SECTION 6. 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 Redeve 10pment Agency (ARA). and Emkay Deve 10pment Company (Deve 10per) adequate ly address subject street vacation for purposes of the Ca 1 iforni a Environmental Quality Act (CEQA). Pursuant to Section 15168(c)(Z) of the 3 88- 341335 .. . 54Dr State CEQA Guidel ines, all effects and mitigation measures addressed in the referred to Environmental Impact Report are not altered by the street vacation authorized herein. SECTION 7. Subject street vacation is within the scope of the redevelopment project described in the November 17, 1987 Disposition and Development Agreement referred to in Section 6 above. SECTION 8. That from and after the date that Resolution No. 5407 is recorded, the vacated remaining portion of North Third Avenue will no longer constitUt~pub1ic street. SECTION 9. 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. 88- 341335 4 5401 STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELES ss. CITY OF ARCADIA 88~ 341335 '(p I, CHRISTINE VAN MAANEN, the duly elected qualified and acting Clerk of the City of Arcadia, California, do hereby certify that the foregoing is a full, true and correct copy of z" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF THE SOUTHERLY 210' OF NORTH THIRD AVENUE ADJOINING Resolution No. 5407, entitled: "A HUNTINGTON DRIVE". as the same appears of record and on file in my office, and that I have carefully compared,th.e same with the original. -, In Witness whereof, I have hereunto set my hand and affixed the seal of the City of Arcadia, tt'iis 7th day ;, "'<ob , 19~. J /2, " C 'c, :5' . ~kl-.g;-AU ,t/Chr ~ Clerk of the City of Ar~dja. California By Deputy 88~ 341335 Passed, approved and adopted th i s 1 s t day of March , 1988. 151 CHARLES E. GILB Mayor of the Clty of-ArcadlJ ATTEST: Isl CHRISTINE VAN MAANEN Clty Clerk of the Clty of Arcadla STATE OF CALIFORNIA ) COUNTY OF LOSANGELESf CITY OF ARCADIA ) I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5407 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 1st day of March , 1988, and that said -Resolution was adopted. by--the.fol1owing vote, to wit: AYES: Councilmember Chandler, Harbicht, Lojeski, Young and Gilb NOES: None '. ABSENT: None / (51 CHRISTINE VAN MAANEN Clty Clerk ot the Clty of Arcadla /. 5 640 '+