CC - Item 3E - Ordering The Summary Vacation of a Portion of Grand AvenueROSEMEAD CITY COUNCIL
1�
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER *-V�, 7:��,g .AI /,,J
DATE: FEBRUARY 28, 2012
SUBJECT: RESOLUTION NO. 2012 -01 ORDERING THE SUMMARY VACATION
OF A PORTION OF GRAND AVENUE BETWEEN DELTA AVENUE
AND EARLE AVENUE
SUMMARY
On June 13, 1961, The City Council approved Resolution No. 61 -41, vacating a portion
of Grand Avenue between Earle Avenue and Delta Avenue. Recently, the City was
contacted and informed that the vacation of this property was authorized, but never
recorded with the County of Los Angeles Recorder. After review, it was determined that
the City still holds this portion of Grand Avenue in fee. Recording this vacation is
necessary to convey the release of this property.
Staff Recommendation
It is recommended that the City Council approve Resolution No. 2012 -01, ordering the
summary vacation of a portion of Grand Avenue, as originally ordered by the Rosemead
City Council on June 13, 1961.
ANALYSIS
On May 19, 1961 the Rosemead City Council adopted Resolution No. 61 -27 related to a
proposed street vacation for a portion of Grand Avenue. The portion of Grand Avenue
referred to is a 15 foot wide strip of land between Delta Avenue and Earle Avenue. City
records indicate that a public hearing was held on June 13, 1961 at 8:00 p.m. at 3954
North Rosemead Boulevard. Furthermore, the minutes of the June 13, 1961 City
Council meeting indicate that Resolution No. 61 -41, ordering the vacation of the portion
of Grand Avenue, was passed, approved, and adopted. Records further indicate that a
certified copy of Resolution No. 61 -41 was not recorded by the County Recorder.
In October 2011, City Staff was contacted by the Ensign Group, the current owner of the
property at 8400 Delta Avenue requesting the City Council's completion of the vacation
originally approved in 1961. Previously unfamiliar with the proposed vacation, the Public
Works Department researched the issue in response to the Ensign Group's request.
The Public Works Department researched this matter and has found no reason for the
City to not summarily vacate the portion of Grand Avenue. The Public Works
APPROVED FOR CITY COUNCIL AGENDA:
ITEM NO.
City Council Meeting
February 28, 2012
Paae 2 of 2
Department has viewed this site and has not found existing utilities or any indication of
future use of the area for utility purposes. Furthermore, the area is unimproved and not
necessary for present or prospective public street purposes.
Subdivision (a) of Section 8334 of the Streets and Highways Code of the State of
California authorizes the City Council to summarily vacate an excess right of way not
used or required for street or highway purposes. The process for a summary vacation
dispenses with the need for the holding of a public hearing by the City Council. The City
Council may approve a resolution authorizing the summary vacation, and the filing with
the Recorder of the County of Los Angeles a certified copy of the Resolution authorizing
the summary vacation.
LEGAL REVIEW
The attached resolution has been reviewed and approved by the City Attorney.
FINANCIAL IMPACT
There is no financial impact with this item.
PUBLIC NOTICE PROCESS
The item has been noticed through the regular agenda notification process.
Submitted By: A
Chris Marcarello
Public Works Director
Attachments:
A. Resolution No. 2012 -01
B. Correspondence from Current Property Owner Requesting Completion
C. Tract Map No. 7666
D. Minutes of the Rosemead City Council Meeting June 13, 1961
E. Resolution No. 61 -27
F. Resolution No. 61 -41
RESOLUTION NO. 2012-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ORDERING TO
SUMMARILY VACATE A PORTION OF GRAND AVENUE
BETWEEN DELTA AVENUE AND EARLE AVENUE.
WHEREAS, subdivision (a) of Section 8334 of the Streets and Highways Code Chapter 4, of the
State of California, authorizes the City Council to summarily vacate an excess right of way not used or
required for street or highway purposes; and
WHEREAS, on May 9, 1961 the City Council of the City of Rosemead adopted a Resolution No.
61 -27 titled "A Resolution of the City Council of the City of Rosemead Expressing the Intention to Vacate a
Portion of Grand Avenue and Setting the Time and Place for a Public Hearing Thereon;' and
WHEREAS, the said City Council did hold a public hearing thereon June 13, 1961 at 8:00 p.m. at
3954 North Rosemead Boulevard, City of Rosemead, State of California, at which time said Council did
hear all evidence offered by persons interested in said vacation; and
WHEREAS, the minutes of the June 13, 1961 City Council indicate that while Resolution No 6141
ordering the vacation of said portion of Grand Avenue was passed, approved, and adopted; a certified copy
of Resolution No. 61-41 was not caused to be recorded by the County Recorder of the County of Los
Angeles; and
WHEREAS, staff has performed a thorough search of the available City records and did not find
any reason why a certified copy of Resolution No. 61 -41 was not recorded as ordered by the City Council
following its meeting on the 13th Day of June 1961; and
WHEREAS, the present owners, The Ensign Group, Inc., of the fee title interest of said portion of
Grand Avenue have requested that the vacation process initiated in 1961 be completed; and
WHEREAS, the Public Works Department has determined that no public utilities presently exist
within the said portion of Grand Avenue, and that said portion of Grand Avenue has not been used for
public street or highway purposes since 1961; and
WHEREAS, the Public Works Department has determined that said portion of Grand Avenue is
unnecessary for present or prospective public street or highway purposes; and
WHEREAS, the Public Works Department has determined that a summary vacation, as authorized
by subdivision (a) of section 8334 of the Streets and Highways Code of the State of California, is
appropriate for use of the City Council to order for said portion of Grand Avenue
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY
RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1 . That portion of Grand avenue as shown on and dedicated by map of Tract No. 7666, in
the City of Rosemead, County of Los Angeles, State of California, recorded in Book 91, pages 99 and 100,
of Maps, in the office of the Recorder of the County of Los Angeles, which lies within a strip of land 15 feet
wide, the southerly boundary of which is the northerly line of Lot 28 of said tract.
The northerly boundary of above described 15 foot strip of land is to be prolonged westerly to terminate in
the northerly prolongation of the westerly line of said lot and is to be prolonged easterly to terminate in the
northerly prolongation of the easterly line of said lot, shall be and is hereby vacated.
Section 2 . That the City Clerk of the City of Rosemead shall cause a certified copy of this
Resolution and Order to be recorded pursuant to Streets and Highways Code section 8336 in the Office of
the Recorder of the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS DAY OF ' 2012
Steven Ly
Mayor
ATTEST:
Gloria Molleda
City Clerk APPROVE AS TO FORM:
Rachel H. Richman
City Attorney
ENSIGN
VicrOR NELSON
DmwtoR OF C0Wr K;n0N /DEVFWPmw
Via U.S. Mail
City of Rosemead
Attn: City Council
8838 E. Valley Blvd.
Rosemead, Ca. 91770
s
GROUP
October 8, 2011
Re: Parcel Map 89924
8400 Delta Avenue, Rosemead, CA
Dear City Council:
949 -525 -6752
206- 333 -1269
vnelsen ®ens Igngroup.ned
We respectfully request the City Council to use the Summary Vacation Process to vacate that
portion of Grand Avenue fronting our property as originally approved by the City Council but not
completed in 1981.
The reasons why the vacation was not recorded in 1981 are unknown due to the amount of time
that has past.
However, It should be noted that a prior City Council held a public hearing and found that there
was no reason not to vacate the southerly 15 feet of Grand Avenue and further that the City
Engineer Is of the opinion that this portion of Grand Avenue has not been used since 1981 nor
Is needed for public purposes in the future.
Regards, /n��,
V, l
Ensign Group
Victor Nelson
Director of Construction and Development
The Ensign Group, Inc.
27]01 Puerto Real, Suhe 450 • Mission Vl*, CA 92691
Phone (949) 487-9500 • Fax (948) 487-9400
mmensigngroup.net
.5rlieeT No. I
TRACT NO. 7666
CQUNTY OF LOS ANGELES, STATE OF CALIFOQNIA.
OFNG A 5UBPIV1310N OF A PORTION OF THE NO12TH "EA 5T � Or SECTION 13, Township 15,
PANGt 12 W, 5.8 D. AnD
Jan. 1924. PI!jo11115TON, Emu. SCALE I " - 100'
The bearing of M ission Drive as shown on map of ltaet fla 9608,. recorded in Map Book 64, PdSo 94,
was taLmn as basis of the bearings shcwn.'apon this mep
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CITY OF ROSEMEAD
1, CITY COUNCIL
ROSEMEAD, CALIFORNIA
Minutes of June 13, 1961.
A regular meeting of the City Council of the City of Rosemead
was held in the Council chambers, 3954 North Rosemead boulevard.
The meeting was called to order by Mayor Andersen at 8:02
o'clock p.m.
• I. The Pledge of Allegiance was led by Mayor Andersen.
The Invocation was delivered by Reverend Carl Miller, Chaplin
for the Goodwill Industries.
2_ ROLL CALL.
Present: Councilmen: Andersen, Lowrey, Phinney,
Stead.
Absent: Councilmen: Jackman.
Ex officio: Watson, Farrell, Stump, Armstrong.
3. APPROVAL OF MINUTES. MAY 23, 1961.
It was moved by Lowrey, second by Andersen, and unanimously
carried that the minutes of May 23, 1961 be approved as written,
A
4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS
THE COUNCIL.
SPECIAL PRESENTATION - SOUTHERN PACIFIC RAILROAD.
John Gordon, Attorney at Law, advised the Council of the
proposal of Southern Pacific Railroad to merge the Southern
Pacific Railroad and the Western Pacific Railroad and requested
the Council to pass a resolution intervening on behalf of
Southern Pacific Railroad.
Mayor Andersen advised Mr. Gordon that this request would be
taken under consideration, and thanked Mr. Gordon for his
• presentation.
Chief Byron D. Robinson, Los Angeles County Fire Department
advised the Council that the Rosemead Kiwanis Club has supplied
the Fire Department with a new film on rescue breathing. The
Department would like the opportunity to present this film
before all the residents of the City to familiarize more
persons with mouth to mouth resuscitation that has saved so
many lives.
5. PUBLIC HEARING. GRAND AVENUE VACATION. ,
• I Mayor Andersen stated that this was the time and place set for
a Public Hearing on the proposed vacation of a portion of
Grand Avenue.
Attorney Watson described the portion proposed to be vacated
and stated that posting of the property had been done in
compliance with Code requirements.
Attorney Watson asked Deputy City Clerk Armstrong if any
written protests had been received,
Deputy City Clerk Armstrong stated that no written protests had
been received. I
- 1 V
r
Attorney Watson Biked City Administrator Farrell if it had been
determined that tHis property is ridt needed for present or
future street purposes.
City Administrator Farrell stated that this portion is not
needed for present or future road purposes.
Councilman Stead inquired whether or not the City had evidence
of the original dedication.
Attorney Watson stated that such Information was not in the
Department of Real Estate Management report and he would assume
that the City did not have such knowledge. Attorney Watson
stated that the customary procedure is for property vacated
to be returned to the present owner of the parcel that this
vacated portion was originally a part of.
It was moved by Lowrey, second by Stead, that this vacation be
granted.
Mayor Andersen stated that the proper action would be for the
Council to adopt a resolution granting this vacation.
RESOLUTION No. 61 -41. A RESOLUTION OF THE CITY COUNCIL OF THE
• CITY OF ROSEMEAD ORDERING THE VACATION of A PORTION OF GRAND
AVENUE.
Mayor Andersen ordered this resolution read by title only, in
view of the foregoing motion.
Attorney Watson read this resolution by title only.
It was moved by Lowrey, second by Stead, that Resolution
No. 61 -41 be adopted.
Roll call vote as follows: Ayes: Andersen, Lowrey, Phinney,
Stead. Noe s: None, Absent; Jackman.
NEW BUSINESS
• 6. RESOLUTION NO. 61 -42. CLAIMS AND DEMANDS.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $8,381.20
DEMANDS NUMBERS 921 THROUGH 947.
Mayor Andersep stated if there were no objections, he would
order this resolution read by title only, and a summary of
expenditures presented. There were no objections.
City Administrator Farrell read Resolution No. 61 -42 by title
only and presented a summary of expenditures.
It was moved by Lowrey, second by Phinney, that Resolution
No. 61 -42 be adopted.
Roll call vote as follows: Ayes: Andersen, Lowrey, Phinney,
Stead. Noes: None. Absent: Jackman.
7. APPROVAL OF FIREWORKS. PERMITS.
City Administrator Farrell advised the Council that applications
have been received from four Rosemead organizations for fire-
works sales permits. Applicants are:
American Legion
Loyal Order of Moose
Young Men's Christian Association, and
Rosemead Ward Enterprises (Latter Day Saints Church)
- 2 -
RESOLUTION N0.
A RESOLUTION OF THE CITY,000NCIL,OF THE CITY OF
ROSEMEAD EXPRESSING THE INTENTION TO VACATE A
PORTION OF GRAND AVENUE AND SETTING THE TIME AND
PLACE FOR A PUBLIC HEARING THEREON
THE CITY COUNCIL OF THE CITY OF- ROSEMEAD DOES HEREBY RESOLVE
AS FOLLOWS:
Section I. The City Council of-the City of.Rbsemead
hereby elects to proceed under and pursuant to the provisions
of Division 9. Part 3 of the Streets and Highways-Code of the
State of Californla; and hereby.declares its intention to order
the vacation of a portion of Grand Avenue within the City of
Rosemead as delineated and shown on the map and plan on file
In the office of the City Clerk of the City of Rosemead, pa'r•
titularly described a's• follows:
That portion of Grand Avenue as shown on and dedicated
by Map of Tract No. 7666, in the City of Rosemead, County
of Los Angeles, State of California, recorded in Book 91,
pages 99 and 100, of in the office of the Recorder
of the County of Los Angeles, which lies within a strip
of land 15 feet wide, the southerly boundary of which is
the northerly line of Lot 28, said tract.
The northerly boundary of above described 15 foot
strip of land is to be prolonged westerly to terminate In
the northerly prolongation of the westerly line of'said
lot and is to be prolonged easterly to terminate in the
northerly prolongation of the easterly line of said lot.
For further particulars as to the extent of,said proposed
vacation, reference is made to the map and plan on file and
open to public Inspection in the office of the City Clerk.
Section Z. The hour of 8 :00 p.m. on the 13th day of
June, iyol, at 3954 North Rosemead Boulevard in the City of
Rosemead, County of Los Angeles, State of California, is hereby
designated as the time and place for the public hearing in
connection with this natter and all persons interested in or
objecting to the proposed vacation may appear and be heard.
Section 3. .The City Clerk is directed to post notices
of saTT sed vacation conspicuously along the line of that
portion of Grand Avenue proposed to be vacated at least ten days
before the date of said hearing. Such notices shall be prepared
and posted pursuant to Section 8322 of the Streets and Highways
Code of the State of California.
Section 4. This resolution shal.l be posted in three
pubiic� aces in the City of Rosemead.
PASSED, APPROVED AND ADOPTED this 9th day of May, 1961.
ATTEST:
CITY CLERK
0
RESOLUTION N0:
I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF.ROS9MEAO ORDERING THE VACATION
OF A PORTION OF GRAND AVENUE
THE CITY COUNCIL OF tHE CITY OF ROSEMEAD DOES RESOLVE AS FOLLOWS:
WHEREAS, the City Council of the City of Rosemead
did on May 9, 1961 adopt Resolution No. 61 -27 entitled
"A Resolution of the City Council of the City of Rosemead
Expressing the Intention to Vacate a Portion of Grand
Avenue and Setting the Time and Place for a Public Hearing
Thereon," and
WHEREAS, the said City Council did hold a public
hearing thereon on June 13, 1961 at 8:00 p.m. at 3954
North Rosemead Boulevard, City of Rosemead, State of
California, at which time said Council did hear all
evidence offered by persons interested in said vacation,
and no persons were present to protest same; and
WHEREAS, the City Council of the City of Rosemead
does hereby find that the portion of 6rend Ave*" as
described and referred to in said Resolution No.
Is unnecessary for present or prospective public street
purposes;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE
ZITY COUNCIL OF THE CITY OF ROSEMEAD AS FOLLOWS:
Section 1. That portion of Grand Avenue as shown on
and dedicate Tiy map of Tract No. 7666, in the City of Rosemead,
County of Los Angeles State of California, recorded in Book
91, pages 99 and 100, of Maps, in the office of the Recorder
of the County of Los Angeles, which lies within a strip of
land 15 feet wide, the southerly boundary of which is the
northerly line of Lot 28, said tract.
The northerly boundary of above described 15 foot strip of
land is to be prolonged westerly to terminate in the north-
erly prolongation of the westerly line of said lot and is to
be prolonged easterly to terminate in the northerly prolong-
ation of the easterly line of said lot, shall be and is
hereby vacated.
Section 2. That the City Clerk of the City of
Rosemead siTaTTcause a certified copy of this Resolution
and order to be recorded in the office of the Recorder of
the County of Los Angeles.
PASSED, APPROVED AND ADOPTED this 13th day of June, 1961.
ATTEST:
CITY CLERK F OF ROSEMEAD