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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
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.
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
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13
19
WHEELER
20 r..
LEGEND
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................ 40 BlO'
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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
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AREA TO BE VACATED PER
THIS INSTRUMENT.
(20,563 SQ. FT..:I:)
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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
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tomlD
By
Deputy
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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
~
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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
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:)
~
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AVENUE.
WHEELER
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19
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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)
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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