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CC - Item 2D - Resoluntion No. 2007-23 Vacate Denton Avenue• E M F 5 O q ~~~OHaO~e A1FD 'q59 • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, INTERIM CITY MANAGER otz-~! DATE: JUNE 26, 2007 SUBJECT: RESOLUTION NO. 2007-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DECLARING ITS INTENTION TO VACATE DENTON AVENUE BETWEEN GARVEY AVENUE AND VIRGINIA STREET AND SETTING A PUBLIC HEARING ON THE PROPOSED VACATION SUMMARY In conjunction with the completion of the Virginia Street and Strathmore Avenue improvements, the Los Angeles Dealer Auto Auction (LADAA) has requested the City to vacate Denton Avenue as a public roadway. The request was made to allow the LADAA to consolidate operations and secure its main parking lot, which encompasses Denton Avenue between Garvey Avenue and Virginia Street. Since Denton Avenue no longer provides access for residents on Virginia Street from Garvey Avenue, and now only serves the LADAA, it has been determined that it is no longer necessary for the City to retain the street right-of-way for Denton Avenue. Staff Recommendation It is recommended that the City Council adopt Resolution No. 2007-23 declaring its intention to vacate Denton Avenue between Garvey Avenue and Virginia Street. ANALYSIS Streets and Highways Code Section 8300-8349 provides the means for the City to vacate street right-of-way. Government Code Section 65402 requires that the Planning Commission make findings that the proposed street vacation is consistent with the City's General Plan. The City may vacate a street if the City determines the need for the general public to travel upon it, or the City to operate and maintain it, or utilities to place their facilities within it, no longer exists. The street would then become private. The City may partially vacate the street by retaining easement rights to construct or maintain facilities within the area such as sewers, storm drains, etc., if such needs would continue to exist. The 45-foot-wide, and approximately 410-foot long segment of Denton Avenue to be vacated currently exists primarily as a private driveway and parking area for the LADAA rather than a public road. With the completion of the Virginia Street and Strathmore Avenue improvements, Denton Avenue no longer provides access for residents on APPROVED FOR CITY COUNCIL AGENDA: • City Council Meeting June 26, 2007 Page 2 of 2 Virginia Street from Garvey Avenue. It does not provide through access and only serves the LADAA property. The Circulation Element of the City's General Plan does not show this segment of Denton Avenue as an essential roadway for circulation purposes, nor does it appear that the proposed vacation will result in a diversion or modification of existing traffic patterns. The first part of the street vacation proceedings requires that the City Council adopt a resolution declaring its intention to vacate this portion of Denton Avenue, and set a date and time at which interested persons may support or object to the proposed vacation. The attached resolution sets this date as July 24, 2007, at 7:00 p.m. After a full analysis by staff, the police and fire departments, affected utilities, and the Planning Commission, and at the conclusion of the scheduled public hearing on July 24, 2007, the City Council may decide to vacate this street as requested or retain it as a public roadway. On June 4, 2007, the Rosemead Planning Commission made the finding that the proposed vacation is consistent with the Circulation Element of the General Plan per Government Code Section 65402. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Notice of the public hearing will be provided in accordance with Section 8322 of the Streets and Highways Code. This code requires publication of the notice of public hearing at least two times and posting of the street at least 15 days prior to the hearing. In addition, notices will be sent to the police and fire departments, and all affected utilities. Submitted by: li , Ken Rukavina, P.E. City Engineer Attachment: Resolution No. 2007-23 • • RESOLUTION NO. 2007-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DECLARING ITS INTENTION TO VACATE DENTON AVENUE BETWEEN GARVEY AVENUE AND VIRGINIA STREET AND SETTING A PUBLIC HEARING ON THE PROPOSED VACATION WHEREAS, the City Council of the City or Rosemead has been requested to vacate Denton Avenue between Garvey Avenue and Virginia Street; and WHEREAS, the City Council of the City of Rosemead is responsible for maintaining a transportation and traffic circulation system for the City of Rosemead; and WHEREAS, that portion of Denton Avenue between Garvey Avenue and Virginia Street as indicated on the attached Exhibit "B" is not an essential or integral part of said transportation network; and WHEREAS, the Planning Commission of the City of Rosemead found on June 4, 2007, the proposed vacation of Denton Avenue between Garvey Avenue and Virginia Street in conformity with the Circulation Element of the adopted General Plan of the City of Rosemead as required by Section 65402 of the Government Code of the State of California. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD AS FOLLOWS: Section 1: The City Council does hereby elect to proceed in vacating Denton Avenue between Garvey Avenue and Virginia Street in the manner prescribed under Chapter 3, Part 3 of the Streets and Highway Code. Section 2: The City Council does hereby declare its intention to vacate Denton Avenue between Garvey Avenue and Virginia Street in the City of Rosemead, County of Los Angeles, State of California, as legally described on the attached Exhibit "A" and made a part hereof. Section 3: A map of the proposed vacation is on file with the City Clerk of the City of Rosemead. Reference is hereby made to said map for particulars as to the proposed vacation. Section 4: Notice is hereby given that the 24'h day of July, 2007, at the hour 7:00 p.m., in the City Council Chambers of the City Hall, 8838 East • Valley Boulevard, Rosemead, California, the City Council will hear all persons interested in or objecting to this proposed vacation. Section 5: The City Clerk shall conspicuously post Notices of Street Vacation, together with a copy of this Resolution attached thereto, along the line of that portion of street to be vacated. Said notices shall state the fact of passage of this Resolution and shall state the time and place of hearing. Section 6: The Mayor is hereby authorized to execute this Resolution on behalf of the City of Rosemead and the City Clerk is authorized to attest thereto. Section 7: The City Clerk shall forthwith cause this Resolution to be published as required by the Streets and Highway Code. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead on this 26`h day of June 2007. JOHN TRAN MAYOR ATTEST: NINA CASTRU ITA CITY CLERK • EXHIBIT "A" LEGAL DESCRIPTION OF A PORTION OF VIRGINA STREET AND DENTON AVENUE (formerly Conroy Avenue) TO BE VACATED Those portions of Denton Avenue and Virginia Street, in the City of Rosemead, County of Los Angeles, State of California, bounded as follows: Southerly by the northerly line of Garvey Avenue, 100 feet wide, as shown on Parcel Map No. 12390, as filed in Book 131, Pages 41 and 42 of Parcel Maps, in the Office of the County Recorder of said County; Easterly by the easterly lines of Denton Avenue and Virginia Street, as shown on said Parcel Map No. 12390; Northerly by the northerly line of Virginia Street as shown on said Parcel Map; Westerly by the following described line: Beginning at a point on the northerly line of said Virginia Street distant thereon South 89°25'23" West, 65.25 feet from the northeasterly comer of said street, as shown on said Parcel Map No. 12390; thence South 00°34'37" East, 37.50 feet to the beginning of a curve concave northwesterly and which is coincident with the northerly prolongation of that certain curve described in the deed recorded April 20, 2004 as Instrument No. 04-0965207, Official Records of said County; thence southwesterly along said curve, 18.92 feet through a central angle of 33°21'08" to a curve on the easterly line of Lot 19 of Tract No. 4747, as shown on map recorded in book 50 Page 52 of Maps, in the Office of the County recorder of said County; thence southerly along said curve and the tangent portion forming said easterly line of Lot 19 to the southeasterly comer of said lot; thence westerly along the southerly line of said lot to a line parallel with and 5.00 feet westerly of said easterly line; thence southerly along said parallel line to the beginning of a curve concave northwesterly, having a radius of 19.00 feet, and which is tangent at its southwesterly terminus to said northerly line of Garvey Avenue; thence southerly along said curve to said northerly line of Garvey Avenue. Reserving therefrom easements for public and non-public utilities and incidental purposes thereto, ingress and egress, sanitary sewer, and parking purposes, with the right to grant future easements over the above described portions of Denton Avenue and Virginia Street. As shown on Exhibit "B" attached hereto and by this reference made a part hereof Prepared under my supervision: 0. czttA~ 5-30 07 David 0. Knell PLS 301 Date CAwpdocslrosemeadldenton vacation.doc May 29, 2007 I i I EXHIBIT "B"O N89'25'23"E - 65.25' - VIRGINIA _ STREET _ 1100.34.37 "W,/ D=33' 21 ' 08 " ' 37.50 R=32.50 L=18.92' 1 NST. NO 04-0965207 .940 3 - 20' 24' c 1 TRACT No 4747 LOT 19 O z M. El. 50 - 52 I 20' 24' 25' 20' LOT 24 Z I W ~ U m on i Z LOT 32 Z W ~ ' W > n- 04 25'124' 0 0 GARVEY Ln AVENUE 0 o N Willd.n WILLDAN N N N N SCALE I'= 60' DATE MAY 29, 2007 SKETCH TO ACCOMPANY ' EERS EERS E GI PLAN ERS DRAWN BY D.BEYERBACH DENTONVAC.DGN QZ7 13791 CRp55RpADS PARKWAY NORTH. SUITE 405 ROSEMEAD/ LEGAL D E S C R I P T I O N INDUSTRY. CX. 91746-3497 X562 905-6200 CHECKED BY D.KNELL VIRGINIAST