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HomeMy WebLinkAbout7124 RESOLUTION NO. 7124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT AT 681 NORTH FIRST AVENUE THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council finds as follows: On March 19, 1970 a Public Hearing was duly held in the Arcadia City Hall Council Chamber, at which time the City Council of the City of Arcadia ("City Council") adopted Resolution No. 5024 ordering the vacation of Haven Avenue between Santa Anita Avenue and First Avenue while reserving a public utility easement. SECTION 2. As a part of the vacation, the City Council found that pursuant to the Streets and Highways Code Section 8340 and 8341,the public convenience and necessity required the reservation and exception of a Public Utility Easement from the vacation. SECTION 3. On March 11, 2014 the Planning Commission of the City of Arcadia approved Tentative Tract Map No. 72421 for a six (6) unit residential condominium development at 681-685 North First Avenue. A Condition of Approval of the development was for the owner to have all existing utilities out of the public utility easement, or to provide exclusive easements to the satisfaction of the utility companies, and to then request the City of Arcadia to vacate the existing public utility easement. SECTION 4. All utilities previously located in the public utility easement have been relocated outside of the easement area, or the owner has granted exclusive easements to the satisfaction of the utility companies, and the public utility easement area is now clear of any unclaimed utilities. The property owner has requested that the City of Arcadia vacate 1 the existing Public Utility Easement. SECTION 5. Notices of the City's intention to vacate the public utility easement were sent to all utility companies with a timeline for responses, and no objections were received. SECTION 6. As a result of the foregoing, the City Council finds from all evidence submitted that the public utility easement retained in the previously vacated Haven Avenue, as described in Exhibit "A" and "B", is unnecessary for the present or prospective public use and, therefore, the City Council hereby orders the Public Utility Easement to be vacated. SECTION 7. 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 shall be filed with the County Clerk of the County of Los Angeles. SECTION 5. 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. [SIGNATURES ON THE NEXT PAGE] 2 Passed, approved, and adopted this 21st day of June 2016. Mayor of the C. y of Arcadia ATTEST: .0011 v -441 Cier APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7124 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 21st day of June, 2016 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Tay, and Beck NOES: None ABSENT: Council Member Verlato Ci C erk of he City of Arcadia Exhibit A APPENDIX A LEGAL DESCRIPTION THAT PORTION OF THE NORTHERLY 30.00,FEET OF VACATED HAVEN AVENUE LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE EASTERLY 10.00 FEET OF LOT 8 OF TRACT NO. 3112, IN THE CITY OF ARCADIA,COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 88 OF MAPS, IN THE COUNTY RECORDER OF SAID COUNTY AND BOUNDED SOUTHWESTERLY BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 AS DESCRIBED IN DEED CONVEYED BY THE STATE OF CALIFORNIA AND RECORDED IN BOOK D 4155, PAGES 643 TO 846 INCLUSIVE OF OFFICIAL RECORDS; THENCE SOUTH 42°16'30' EAST 73.09 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LOT 2 OF THE HAVEN TRACT, AS SHOWN ON MAP RECORDED IN BOOK 13,PAGES 22 AND 23 OF MAPS, IN SAID OFFICE. TOGETHER WITH THE SOUTHERLY 25.00 FEET OF HAVEN AVENUE LYING WESTERLY OF THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE SAID EASTERLY 10.00 FEET OF LOT 1 OF HAVEN TRACT, AS SHOWN ON MAP RECORDED IN BOOK 13, PAGES 22 AND 23 OF MAPS, IN SAID OFFICE AND BOUNDED SOUTHWESTERLY BY THE SAID COURSE 73.09 FEET IN LENGTH, MORE OR LESS. �vor' LAND C.LEE 0.4 a o ExR NO.8407 �1 TF OF CAOGO Exhibit B EXHIBIT 'B" PLAT MAP N88•56'32'W 121.38' - (6r \ N W i ,` SCALE 1' = 30' Ni, n ~$ ha" V J LOT 7 LOT 8 ` . TR 3112 TR 3112 bg Xr i' 9 of S. SUPLY CORNER OF PARCEL 4, AS PER DEED CONVEYED BY STATE OF CALIFORNIA AND RECD IN BOOK 134136, PAGES 643 TO 646, -._ N88•5632•V 98.40' INCLUSIVE, aR. 64.. a HAVEN AVENUE 1 La (VACATED) w . > •`%j�'((AC I-- ki��`ONPL -AN0'S'G,Q4 •g' II TRACT,NNDD LINE 2, OF LOTS ? L. O JACK C.LEE �y 22 AND 223.13. PGs F (ExR 6/ia NO.8407 Q.