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CC - Item 4C - Resolution No. 2015-28 Ordering the Vacation of the Alley Between Brighton Street and Del Mar AvenueROSEMEAD CITY COUNCIL Aff * ** _M MY STAFF REPORT TO: �, 1.1-_74114 THE HONORABLE MAYOR AND CITY COUNCIL JEFF ALLRED, CITY JUNE 9, 2015. MANAGER 0 SUBJECT: RESOLUTION No. 2015 -28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE VACATION OF THE ALLEY BETWEEN BRIGHTON STREET AND DEL MAR AVENUE. SUMMARY On May 12, 2015, the City Council adopted a Resolution No. 2015 -21 declaring its intention to vacate Alley between Brighton Street and Del Mar Avenue, and setting June 9, 2015 as the date for a public hearing on this matter. Staff Recommendation It is recommended that the City Council adopt Resolution No. 2015 -28 vacating the Alley between Brighton Street and Del Mar Avenue. ANALYSIS Following the City Council's adoption of Resolution 2015 -21 on May 12, 2015, declaring its intention to vacate Alley between Brighton Street and Del Mar Avenue, staff sent letters to the affected utility companies and public works agencies requesting the location of their facilities and comments on the proposed vacation. The City received responses from Southern California Edison, AT &T Right of Way Department, AT &T Fiber Department and Public Works Department 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 is being provided in accordance with Section 8322 of the Streets and Highway Code. This code requires publication of the notice of public hearing at least two times and posting of the street at least fifteen (15) days prior to the hearing. In addition, notices will be sent to the police and fire departments, and all affected utilities. lAr ITEM NUMBER: City Council Meeting June 23, 201& Page 2 of 2 Prepared By: 9 afael M. Fajardo, P.E. City Engineer Submitted By: Matth ,w E. Fi wkesworth Assistant City Manager /Acting Director of Public Works Attachment: A. Resolution No. 2015 -28 RESOLUTION NO. 2015 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA ORDERING THE VACATION OF THE ALLEY BETWEEN BRIGHTON STREET AND DEL MAR AVENUE. WHEREAS, the City Council of the CITY OF ROSEMEAD approved Resolution No. 2015 -21, declaring its intention to vacate the Alley between Brighton Street and Del Mar Avenue 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 to 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 1: The City Council consistent with Section 8300 et seq. of the Streets and Highways Code finds from all evidence submitted that the Alley between Brighton Street and Del Mar Avenue described in the Resolution of Intention, Resolution 2015- 21, is unnecessary for present and prospective public use purposes. Section 2: The City Council therefore orders vacated, for public use purposes the Alley between Brighton Street and Del Mar Avenue more particularly described in Exhibit "A" and shown in Exhibit "B," attached hereto and incorporated herein by this reference. Section 3: The City Council does hereby reserve an easement, in favor of the Southern California Edison, over the Alley between Brighton Street and Del Mar Avenue as described in Exhibit "A." The easement shall reserve the right from time to time to construct, maintain, operate, replace, or renew such aerial and underground facilities (including ingress thereto and egress therefrom) consisting of power poles, anchors, guys, cables, wires, cross -arms, conduit, manholes, markers, pedestals, vaults, terminal equipment cabinets, electrical conductors and necessary fixtures or appurtenances structures in, over and across the area to be vacated. Section 4: The City Council does hereby reserve an easement, in favor of the AT &T, over the Alley between Brighton Street and Del Mar Avenue as described in Exhibit "A." The easement shall reserve the right from time to time to construct, maintain, operate, replace, or renew such aerial and underground facilities (including ingress thereto and egress therefrom) consisting of power poles, anchors, guys, cables, wires, cross -arms, conduit, manholes, markers, pedestals, vaults, terminal equipment cabinets, electrical conductors and necessary fixtures or appurtenances structures in, over and across the area to be vacated. Section 5: The City Council does hereby reserve an easement, in favor of the Public Works Department, over the Alley between Brighton Street and Del Mar Avenue as described in Exhibit "A." The easement shall reserve the right from time to time to construct, maintain, operate, replace, or renew such sewer line consisting manholes or appurtenances structures in, over and across the area to be vacated. 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 California Streets and Highways Code. PASSED, APPROVED AND ADOPTED by the City Council of the City of Rosemead on this 9th day of June 2015. Margaret Clark Mayor ATTEST: Gloria Molleda City Clerk APPROVED AS TO FORM: Rachel H. Richman City Attorney