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
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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]
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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
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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.
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Exhibit B
EXHIBIT 'B"
PLAT MAP
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LOT 8
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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.
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HAVEN AVENUE 1 La
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