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CC - Item 2A - Resolution No. 2007-27 Vacation of Denton AveROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, INTERIM CITY MANAGER ~G--C- DATE: AUGUST 14, 2007 SUBJECT: RESOLUTION NO. 2007-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE VACATION OF DENTON AVENUE BETWEEN GARVEY AVENUE AND VIRGINIA STREET SUMMARY On June 26, 2007, the City Council adopted Resolution No. 2007-23 declaring its intention to vacate Denton Avenue between Garvey Avenue and Virginia Street, and setting July 24, 2007 as the date for a public hearing on this matter. Due to the lack of a quorum and cancellation of the City Council's July 24, 2007 meeting, the public hearing was rescheduled to August 14, 2007. Staff Recommendation It is recommended that the City Council adopt Resolution No. 2007-27 vacating Denton Avenue between Garvey Avenue and Virginia Street. ANALYSIS Following the City Council's adoption of Resolution No. 2007-23 on June 26, 2007, declaring its intention to vacate Denton Avenue between Garvey Avenue and Virginia Street, staff sent letters to the affected utility companies and public works agencies requesting the location of their facilities and comments on the proposed street vacation. Staff also contacted the police and fire departments for comments. The City received responses from the Los Angeles County Department of Public Works, Southern California Edison, and Southern California Gas Company requesting that access be maintained for facility maintenance. To address these requests, the attached street vacation resolution reserves the necessary utility easements. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Notice of the public hearing was provided in accordance with Section 8322 of the Streets and Highways Code which 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. Pr ared by: e Ifon , P.E. Deputy City Engineer S i d by: n I Interim Community Development Director Attachment: Resolution No. 2007-27 APPROVED FOR CITY COUNCIL AGENDA: 0 0 0 RESOLUTION NO. 2007-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE VACATION OF DENTON AVENUE BETWEEN GARVEY AVENUE AND VIRGINIA STREET WHEREAS, the City Council of the City or Rosemead approved Resolution No. 2007-23, declaring its intention to vacate Denton Avenue between Garvey Avenue and Virginia Street and establishing the time and place for the public hearing on said vacation; and WHEREAS, notice of the public hearing was published and posted as required by law; and WHEREAS, all protests in this manner have been duly considered; and WHEREAS, the vacation proceedings conform with the requirements of Section 8300 to 8349 of the Streets and Highways Code. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD AS FOLLOWS: Section : The City Council finds from all evidence submitted that Denton Avenue between Garvey Avenue and Virginia Street described in the Resolution of Intention, Resolution No. 2007-23, is unnecessary for present or prospective public use purposes. Section 2: The City Council therefore orders vacated, for public use purposes Denton Avenue between Garvey Avenue and Virginia Street more particularly described in Exhibit "A" and shown in Exhibit "B", attached hereto and incorporated herein by this reference. Section 3: The City Council hereby reserves an easement, in favor of the County of Los Angeles, over Denton Avenue between Garvey Avenue and Virginia Street as described in Exhibit "A". The easement shall reserve the right to construct, maintain, operate, replace, or renew storm drains and appurtenant structures in, upon, over, and across the area to be vacated. Section 4: The City Council hereby reserves an easement over Denton Avenue between Garvey Avenue and Virginia Street as described in Exhibit "A" for the Southern California Edison Company to from time to time construct, maintain, operate, replace, remove, and renew such aerial and underground facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, cables, wires, cross-arms, 0 0 conduit, manholes, handholes, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenances. Section 5: The City Council hereby reserves an easement over Denton Avenue between Garvey Avenue and Virginia Street as described in Exhibit "A" for the Southern California Gas Company to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenances. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead on this 14th day of August 2007. JOHN TRAN MAYOR ATTEST: NINA CASTRUITA CITY CLERK .7 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 corner 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 corner 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: -T)v1'A D. (i I~S.5so1* David 0. Knell PLS 301 Date Exp. 12-31-07 C:\wpdocs\rosemead\denton vacatlon.doc May May 29, 2007 j,~~~ ^ ,,7 EXHIBIT " B" N89*25.23°E - 65.25' - VIRGINIA _ _ NO0.34'37°W,~ - D=33.21'08° STREET ' ' 37.50 - R=32-50 - - L=18.9 INST. NO 04-0965207 20' 24' O D` I rv) TRACT N0. 4747 LOT 19 D z M. 50 - 52 1 I 20' 24' EL Q 25' 20' , LOT 24 Z I W U , C m W LOT 32 a- z W > oa 25' 124' o ° GARVEY AVENUE 0 F 0 WILLDAN SCALE 1'= 60' DATE NAY 29. 2007 SKETCH TO ACCOMPANY ENGINEERS PLANNERS 13191 CROSSROADS PARKWAY NORTH. SUITE 405 DRAWN BY 0•BEYERBACH DENTONYAC•DGN DESCRIPTION ROSEMEAD/ AO/ LEGAL INDUSTRY. CA. 91746-3497 t562) 90e-6200 CHECKED BY D.KNELL RGNIAST