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Home My WebLink AboutD-2534 - .' RECORDING REQUEST BY .97 '-. 695648 .L.J- Q(..:l> ">T ! RECORDEDlFllED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY ___ CALIFORNIA 4:21 PM MAY 07 1997 WHEN RECORDED MAIL TO NAMe June D. Alford, City Clerk 240 W. Huntington Drive P. O. Box 60021 Arcadia, CA 91066-6021 MAILING ADDRESS CITY. S1 ATE ZIP CODE }FREE J I SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE '1 TITLE(S) RESOLUTION NO. 5970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION OF THE ALLEY, SOUTH OF FOOTHILL BOULEVARD AND WEST OF WIGWAM AVENUE 1lI.t2ee,g.. f RESOLUTION NO. 5970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE VACATION OF THE ALLEY, SOUTH OF FOOTHILL BOULEVARD AND WEST OF WIGWAM AVENUE THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLv~ AND DETERMINE AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia, on November 5, 1996, adopted Resolution No. 5958 declaring the intention of the Arcadia City Council to vacate and abandon the alley, south of Foothill Boulevard and west of Wigwam Avenue, in the City of Arcadia, County of Los Angeles, State of California. The location of the alley is more particularly shown in Exhibits "A" and "3" attached hereto. SECTION 2. Notices of the said Resolution 5958 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 December 17,1996 at 7:00 p.m. in the Council Chamber of Arcadia City Hall, 240 W. Huntington Drive, Arcadia, California, at which time, the Arcadia City Council received all comments and evidence offered by persons interested in t~e proposed alley vacation. 97 695648 -1- \ .~-~ ..' SECTION 4. Pursuant to Government Code 65402(a), the Planning Commission of the City of Arcadia, during its regular meeting on September 24, 1996, determined that the proposed vacation is consistent with the General Plan of the City of .l\.rcadia. SECTION 5. The City Council of the City of Arcadia does find that the vacation of the alley is being made in accordance with Chapters 3 and 5 of Part 3 of Division 9 of the Streets and ;.;ighways Code of the State of California (Streets and Highways Code Section 8320 et. seq.) SECTION 6. Pursuant to and in accordance with the provisions of California Environmental Quality Act, the City Council of the City of Arcadia finds on the basis of the Initial Study and comments received that there is no substantial evidence that the alley vacation will have a significant effect on the environment. Therefore, the City Council of the City of Arcadia, on December 17, 1996, approved the Negative Declaration for the vacation of the alley, south of Foothill Boulevard and west of Wigwam Avenue and directed staff to file the Notice of Determination with the County Clerk of the County of Los Angeles. 97 695648 -2- [( SECTION 7. Pursuant to_ the Streets and Highways Code Sections 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 t~e following agencies: (a) To the City of Arcadia, a public sanitary sewer easement anc right necessary to maintain, operate, replace, remove, or renew the existing sanitary sewer main line and appurtenant structures in, upon, over and across the alley, or part thereof proposed to be vacated. (b) To the Southern California Edison Company, the easement and right necessary at any time, or from time to time, 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 transportation or distribution of electric energy, and incidental purposes in, upon and over the alley, or part thereof proposed to be vacated. SECTION EI. Pursuant to the Streets and Highways Code Section 8324, the City Council of the City of Arcadia finds from all evidence submitted that the alley, south of Foothill Boulevard and west of Wigwam Avenue, is unnecessary for present or prospective public use, and therefore, it is ordered that the 97 695648 -3- .( ----- alley south of Foothill Boulevard and west of Wigwam Avenue be vacated subject to the reservation and exception of a public sanitary sewer easement, and the following conditions: (a) Upon adoption and prior to the recordation of this Resolution, the property owners at 130 East Foothill Boulevard (identified as Assessor's Parcel No's. 5772-013-001 and 5772-013- 003) shall, at their expenses, execute instrument(s) deemed appropriate to the City Attorney for the convenience and necessity of the property owners at 1009 Wigwam Avenue (identified as Assessor's Parcel No. 5772-013-004) and their heirs and assigns. The convenience and necessity shall be the easement and right to maintain, operate, replace, remove, or renew the existing sanitary sewer lateral and appurtenant structures ill, upon, over and across the vacated area withi:l which no permanent structure is allowed. (b) Upon adoption and prior to the recordation or this Resolution, the property owners at 130 East Foothill Boulevard (identified as Assessor's Parcel No's. 5772-013-001 and 5772-013- 003) shall reimburse the City of Arcadia an amount of Two Thousand Dollars ($2,000) for all the administrative costs associated with the valley vacation, as authorized by the City Council of the City of Arcadia at its November 5, 1996 meeting. 97 695648 -4 - l~ .' (c) Upon adoption and prior to the recordation of this Resolution, the property owners at 130 East Foothill Boulevard (identified as Assessor's Parcel No's. 5772-013-001 and 5772-013- 003) shall adjust the sewer manhole at the existing driveway approach to the finished grade to the satisfaction of the City Engineer and assume permit fees, construction costs, inspection charges and all other necessary fees associated with the improvement not specifically mentioned herein. SECTION 9. 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 acknowledgment, certificate of ack~owledgment, or further proof in the Office of the County Recorder of Los Angeles County after the aforementioned conditions have been satisfied. SECTION 10. This Resolution No. 5970 shall take effect upon adoption. SECTION 11. From and after the date this Resolution No. 5970 is recorded, the vacated alley south of Foothill Boulevard and west of Higwam Avenue will no longer constitute a public alley. 97 695648 -s- Passed, appI'oved, and adopted this 1996 . ATTEST: IS! JUNE D. ALFORD City Clerk of the City of Arcadia APPROVED AS TO FORM /r)L( I! {/ JJ)~P~ Michael H. Miller, City Attorney -6- 7 17th day of December /s/ ROBERT C. HARBICHT Mayor of the City of Arcadia /Pro Tem 97 695648 1 if b STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARC-ZillIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 5970 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 /Pro Tem said council held on the 17th day of December , 1996, and tiat said Resolution was adopted by the following vote, to wit: AYES: Counc:ilmember Chanp" Harbicht, Kovacic and Young NOES: !;one A3SENT: ~yor Kuhn /5/ JUNE D. ALFORD City Clerk of the City of Arcadia 97 695648 -7- q / LEGAL DESCRIPTION ALLEY WEST OF WIGWAM A'\i'ENUE TO 3E VACATED 7:-oE LAND REFER.tI"'n TO ~R:::IN IS SITUATED IN COU~ OF LOS .ANGELES, STATE OF CALIFORNIA. "i-"'':'' --~ CI7"f OF .UCADIA, 3EGINNING AT 1:.::. SOUl~TE..~Y CORNER OF LOT 1 IN 3LOO:: J, OF n.AC:- NO. 7723 AS SEOWN ON MAP FILED IN 300K 93, PAGES 41, 42 AND 43 OF ~~S, IN T:~ OFFICE OF 'l~ RECORDER OF TEE COUNTY OF ~OS ANGELES; 7:~~CE ~EST ALONG l~~ SOUl~RLY LINES OF LOTS 1, 2, ~~ 3 IN SA:!) 3LOCK J A DISTANCE OF 120.00 FEET TO l~ SOul~WESTERLY CORNER OF SAID LOT 3; TI-:ENCE SOuTE 00.00'50. WEST ALONG l~ SOUT:~::ERLY PROLONGAT!ON OF T""=::: WEST"'_R!:f LINE OF SAID L8T 3 A DIS7;.NG OF 15.00 FEET TO T:~T CERTAIN COURSE IN TI1E SOu~.;iERLY LINE OF SAID TRACT NO. i:i23 ~VING A 3EARING AND DISTANCE OF WEST 120'.00 FEET; "~CE EAST _~ONG SA:!) C:::R':'A:N COURSE A DIS':'~2":':: OF 120.00 FEET TO l'~ SOU .;.'=:.=:~Y ??..OLONGA,7J:ON 0: ~~ E.AS~?.LY !":~'3 C? SAI:> ~C:' :.; 7:-3NC:; ~CR7".:O 00.00' 50" EAST ALONG SAID SOtll=RLY PROLONGATION A :nS7ANCE CF :5.00 FEET TO l~ POINT OF 3EGI~~ING_ C:JN":'AINING l, 920 SQUA..~ ~':'':"'':'' - -...... 97 695648 EXHIBIT "An . :; I STATE OF CALIFORNIA f COUNTY OF LOS ANGELES "". CITY OF ARCADIA 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. ~970 adopted by tbp r.ity r.ounril of the City of Arcadia at its December 17, 1996 regular meeting. 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, I have hereunto set my hand and affixed the seal of the City of Arcadia. this 5th day of May , 19-.2l. By Deputy 97 695648 ALLEY WEST OF WIGWAM AVENUE TO BE VACATED (; THE VIDEO PLACE 130 E. FOOTHILL BOULEVARD ARCADIA, CA 91006 o o FOOTH I LL BOULEVARD 589"38'40" E 120.00' 40.00' 40.00' 40.00' TRACT NO. 7723 M. a. 93-41-43 ~ N SLOCK J '" '" Co to .- ": LOT 1 '" ~ '" '" o 0 - - ;c b '" o o b 120.00' :i: 'Xl LOT 3 '" '" 0 b '" o o b o z o ~ LOT 2 '" o WEST 40.00' 40.00' 40.00' \ ;.:::::~;';:;~~~~~~~.:~~:~:'r~~;\:;\:~::t~:~~~~~~; ~~/::.~::?~.~:~~ - EAST 120.00' t:\.:i>;~.'l INDICATES PORTION TO BE VACATED AREA OF VACATION = 1.920 SO. FT. 60' w :::::> z w ~ P.O.B. :::i: ~ c:> == LEGAL SKETCH "EXHIBIT B" DRAWN: J. P. VALENTI CHECKED: APPR. DEPT. o o ALLEY ~ I 695648 DATE: JULY 17,1996 SCALE: 1" = 50' SHEET 1 OF 1 DWG. NO.