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HomeMy WebLinkAbout5971 RESOLUTION NO. 5971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF WHEELER AVENUE WEST OF SECOND AVENUE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That on recommendation of the Development Services Department's Engineering Division of the City of Arcadia, Resolution No. 5968 was adopted declaring the intention of the Arcadia City Council to vacate and abandon a portion of Second Avenue south of Huntington Drive and north of Alta Street, in the City of Arcadia, County of Los Angeles, State of California, more particularly shown in Exhibit A attached hereto and described as follows: THAT PORTION OF WHEELER AVENUE (FORMERLY KNOWN AS WALNUT STREET), 60.00 FEET WIDE, AS SHOWN ON "MAP OF A PART OF ARCADIA SANTA ANITA TRACT", IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 89 AND 90 OF MISCELLANEOUS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, BOUNDED ON THE WEST BY THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF LOT 8 IN BLOCK 77 OF SAID MAP, AND BOUNDED ON THE EAST BY THE WESTERLY LINE OF THE LAND DESCRIBED IN RESOLUTION NO. 5590 BY THE CITY COUNCIL OF THE CITY OF ARCADIA, FOR STREET VACATION PURPOSES, RECORDED JUNE 14,1991 AS INSTRUMENT NO. 91-891336. A public hearing was duly held on January 7, 1997, on posted notice and publication of said Resolution No. 5968 at the hour of 7:00 p.m. in the Council Chambers of Arcadia City Hall, 240 W. Huntington Drive, Arcadia, California. for the purpose of hearing all persons interested in or objecting to the proposed vacation and abandonment of that portion of Wheeler Avenue described above. At said hearing, the City Council acCepted and received all testimony offered in support of, or in objection to the proposed vacation. SECTION 2. That the vacation 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 portion of Wheeler Avenue described in Section 1 above and as included in the Resolution of Intention to Vacate and Abandon (Resolution No. 5968), is unnecessary for present or prospective street purposes, and therefore, it is ordered that the above described portion of street be vacated, subject to reserving and excepting from the vacation: a) to the City of Arcadia, a permanent easement and right at any time, or from time to time to construct, maintain, operate, replace, remove, and renew sanitary sewers in, upon, over and across the street, or part thereof proposed to be vacated; and SECTION 4. Pursuant to Streets and Highways Code Section 8324, the City of Arcadia City Council finds from all evidence submitted that the portion of Wheeler Avenue described in Section 1 above and included in the Resolution of Intention to 2 5971 Vacate and Abandon (Resolution No. 5968), is unnecessary for present or prospective public use, and therefore, it is ordered vacated, subject to reservations in Section 3. SECTION 5. Pursuant to provisions of Section 2381 of the Streets and Highways Code of the State of California, this Council does hereby find and determine that the portion of Wheeler Avenue described in Section 1 is not useful as a bicycle path or route. SECTION 6. That pursuant to Section 65402 of the Government Code and the findings made by the Arcadia Planning Commission, vacating the portion of Wheeler Avenue described in Section 1 is in conformity with the City's General Plan. SECTION 7. That the City Council hereby approves the Negative Declaration (Exhibit B) for the vacation and abandonment and finds that it will not have a significant effect on the environment. SECTION 8. That from and after the date that Resolution No. 5971 is recorded, the vacated portion of Wheeler Avenue described in Section 1 above 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. 3 5971 SECTION 10. This Resolution shall take effect upon adoption. Passed, approved and adopted this 7th day of January, 1996. ~"f~.11f:~ ATTEST: Cit APPROVED AS TO FORM: !!J~ /1 !1/~ City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGElES ) ss. CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5971 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 January, 1996, and said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Kovacic, Young and Kuhn NOES: None ABSENT: None 4 5971 o o " . EXHIBIT A SW'l Y LINE OF lOT B, BlK. 77, MAP OF A PART OF ARCADIA SANTA ANITA TRACT, M.R. 15-B9-90. P.M. NO. 10724 P.M.B. 111-13-14 f. o ALLEY o 40,140, B 10' 15 9 10 11 12 r-- I 14 w :> z ~ ...".~ l ./ 13 19 WHEELER 20 r.. LEGEND I I .';'." . I.. .... . F . , \ 40'. ................ 40 BlO' c . I PORTION OF "OLD" SECOND .\ AVENUE VACATED PER .RESOlUTION . NO. 5590 RECORDED JUNE 14, 1991 AS INST. NO. 91-B91336. W'lY LINE OF RES. NO. 5590 REC. JUNE 14 1991 AS INST. NO. 91 -B91336. 1'~',"/>,1 . -' .' ,1_' AREA TO BE VACATED PER THIS INSTRUMENT. (20,563 SQ. FT..:I:) ",:"::'~:!:.'. ,,'i~}d';~V: ".9: ,.....';:.. '. ." .:.......;...;.~.~.::.;.;..~;~..> "'~.'~' ..;;.........;.;;....;...;.;....'~..;.:.,.::;.:.;;.i.~.:;.~..~ti~F;i!;~:'. , ." . .' .. .' . . '.' . . . . . ........:...:....::.;...::.;.;;.:...J..~..::..:,i.:.;...i}' ~:{;.~.~...~..:.::.y,:. '.- > . . . . . . ::~~<eb::~{....: rA".T T "T:<iITl0i~:C:.'... ~tl:.,:,y:~~~:.*;:Jllij~hl?;::u CITY OF ARCADIA STATE OF CALIFORNIA elffl1i'e€fFing mc. 855 W. FOOTHILL BLVD. MONROVIA, CA. 9101 6 (818) 357-0588 DATE PREPARED: 10 1 96 WHEELER AVENUE VACATION D: \ACADDATA \MAPS\ WHlVAC.DWG 5971 ... , RECORDING REQUEST BY '. " 97 1567'16 ., NAME iWHEN RECORDED MAIL TO JUNE D. ALFORD, CITY CLERK CITY OF ARCADIA P. O. BOX 60021 ARCADIA, CA 91066-6021 '~; RECORDED/T'llED IN OF.~CIA1. RfCORDS RECOROiR'SvFFICE LOS ANGELES COUNTV _,.. CAl!,FORNIA . 8:04 AM JAN30 1997 MAR 1 0 1997 MAILING . ADDRESS CITY Of Al<CADIA CITY CLERK CITY, STATE ZIP CODe SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE :tITLE(S) I FREE F 11 RESOLUTION NO. 5971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF WHEELER AVENUE WEST OF SECOND AVENUE .' R42! 8/94 j RESOLUTION NO. 5971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF WHEELER AVENUE WEST OF SECOND AVENUE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1 . That on recommendation of the Development Services Department's Engineering Division of the City of Arcadia, Resolution No. 5968 was adopted declaring the intention of the Arcadia City Council to vacate and abandon a portion of Second Avenue south of Huntington Drive and north of Alta Street, in the City of Arcadia, County of Los Angeles, State of California, more particularly shown in Exhibit A attached hereto and described as follows: THAT PORTION OF WHEELER AVENUE (FORMERLY KNOWN AS WALNUT STREET), 60.00 FEET WIDE, AS SHOWN ON u~.1AP OF A PART OF ARCADIA SANTA ANITA TRACT-, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 89 AND 90 OF MISCELLANEOUS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, BOUNDED ON THE WEST BY THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF LOT 8 IN BLOCK 17 OF SAID MAP, AND BOUNDED ON THE EAST BY THE WESTERLY LINE OF THE LAND DESCRIBED IN RESOLUTION NO. 5590 BY THE CITY COUNCIL OF THE CITY OF ARCADIA, FOR STREET VACATION PURPOSES, RECORDED JUNE 14, 1991 AS INSTRUMENT NO. 91-891336. A public hearing was duly held on January 7, 1997, on posted notice and publication of said Resolution No. 5968 at the hour of 7:00 p.m. in the Council Chambers of Arcadia City Hall, 240 W. Huntington Drive, Arcadia, California, for the purpose of hearing all persons interested in or objecting to the proposed vacation and 97 156776 J abandonment of that portion of Wheeler Avenue described above. At said hearing, the City Council accepted and received all testimony offered in support of, or in objection to the proposed vacation, SECTION 2. That the vacation 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 portion of Wheeler Avenue described in Section 1 above and as included in the Resolution of Intention to Vacate and Abandon (Resolution No. 5968), is unnecessary for present or prospective street purposes, and therefore, it is ordered that the above described portion of street be vacated, subject to reserving and excepting from the vacation: al to the City of Arcadia, a permanent easement and right at any time, or from time to time to construct. maintain, operate, replace, remove, and renew sanitary sewers in. upon, over and across the street, or part thereof -- proposed to be vacated; and SECTION 4. Pursuant to Streets and Highways Code Section 8324, the City of Arcadia City Council finds from all evidence submitted that the portion of Wheeler Avenue described in Section 1 above and included in the Resolution of Intention to 97 156776 2 It' Vacate and Abandon (Resolution No. 59681. is unnecessary for present or prospective public use, and therefore. it is ordered vacated. subject to reservations in Section 3. SECTION 5. Pursuant to provisions of Section 2381 of the Streets and Highways Code of the State of California. this Council does hereby find and determine that the portion of Wheeler Avenue described in Section 1 is not useful as a bicycle path or route. SECTION 6. That pursuant to Section 65402 of the Government Code and the findings made by the Arcadia Planning Commission. vacating the portion of Wheeler Avenue described in Section 1 is in conformity with the City's General Plan. SECTION 7. That the City Council hereby approves the Negative Declaration (Exhibit B) for the vacation and abandonment and finds that it will not have a significant effect on the environment. SECTION 8. That from and after the date that Resolution No. 5971 is recorded, the vacated portion of Wheeler Avenue described in Section 1 above 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. 97 156776 3 ~;l {STATE OF CALIFORNIA ! ~t. COUNTY OF LOS ANGELES ss. r CITY OF ARCADIA I , l, " I, JUNE D. ALFORD. 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 Resolution No. 5971 adopted by the City Council of the City of Arcadia, California, at its January 7, 1997 regular meeting. Said resolution orders the vacation and abandonment of a portion of Wheeler Avenue west of Second Avenue. as the same appears of record and on file In my office, and that I have carefully compared the same with the original. In Witness whereof, 1 have hereunto set my hand and affixed the seal of the City of Arcedla, this 9th day of January , 19--2l.. 97 156776 ~ tomlD By Deputy \ I 5 SECTION 10. This Resolution shall take effect upon adoption. Passed, approved and adopted this 7th day of January; 1996. /S/BARBARA D. KUHN Mayor of the City of Arcadia ATTEST: /5/ JUNE D. ALFORD City Clerk of the City of Arcadia APPROVED AS TO FORM: !7l~41 It/ 11)~ City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) S5. CITY OF ARCADIA ) I. JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5971 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 January, 1996, and said Resolution ", was adopted by the following vote, to wit: " AYES: Councilmember Chang, Harbicht, Kovacic, Young and Kuhn NOES: None ABSENT: None /5/ JUNE D. ALFORD City Clerk of the City of Arcadia 97 156776 4 , . EXHIBIT A ~ .' - 1\, SW'l Y LINE OF LOT S, ( SlK. 77. MAP OF A PART OF ARCADIA SANTA ANITA TRACT, M.R. 15-89-90. 40,140, SiD' fa o ALLEY o P.M. NO. 10724 P.M.8. 111 -13-1 4 15 9 1.0 12~ I 14 11 '" :) ~ . . .,~. , .' '.' '. "'. -.~::!',:,,!:,:; 13 '. '0 . "''0'-, ",) co" . ..,.,. \ 010 ..., AVENUE. WHEELER I f~~.:'; is '., HJ . 20 19 I I. .. ... .. " .. . . ",". . I ... I , \ 40' ~.\ LEGEND W'l Y LINE OF RES. NO. 5590 REC. JUNE 14 1991 AS INST. NO. 91-S91 J36. PORTION OF .OLD" SECOND AVENUE VACATED PER RESOLUTION NO. 5590 RECORDED JUNE 14, 1991 AS INST. NO. 91-S91336. . .1 ARE.A TO BE VACATED pER THIS INSTRUMENT. (20,563 SO. FT. :t) I .:.~g:/~~;~;:~kt>.. ,,':'.":;:.';','.:,:, .....:...:... ... ,",'. '" ..~~~:)~:~;.' .y;m;:;~!WF~' UP 97 156776. ...::.." :,.':!:; ,":-'<:..."::;; .::.",;:,,',:','.\: ~:.}.:.:.. CITY 01' ARCAD/,oI STA rr 01' CALlFORN/,oI 855 W. FOOTHILL BLVD. MONROVIA, CA. 91016 (818) 357-0588 DATE PREPARED: 10-1-96 WHEELER AVENUE VACATION D: ACADDATA\MAPS WHLVAC.OWG