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HomeMy WebLinkAbout2007 031 CC RESO2007 031 CC RESOHÄ—@¸—šJÍ«RESOLUTION NO. 2007-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF BOREL STREET BETWEEN NUBIA STREET AND CRAGMONT STREET V-1-2007) PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325 UPON FULFILLING ALL OF THE TERMS AND CONDITIONS HEREIN ESTABLISHED WHEREAS, a request was made by Sawyer Enterprises, LLC, pursuant to Streets and Highways Code Section 8300 et. seq. to vacate a portion of Borel Street between Nubia Street and Cragmont Street; and WHEREAS, pursuant to Streets and Highways Code Section 8300 et. seq. based upon staff's analysis and assuming the conditions herein are accomplished, the proposed street vacation is unnecessary for present or prospective public use; and WHEREAS, based upon staff's analysis, the proposed vacation is not in conflict with the Circulation Element of the General Plan, or any other element of the General Plan, and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. CEQA"), the State's CEQA Guidelines, and Government Code Section 65962.5(f) Hazardous Waste and Substances Statement), staff found no evidence that the proposed street vacation would have a significant effect on the environment and therefore a Negative Declaration will be prepared; and WHEREAS, the vacation proceedings were initiated based on Street and Highways Code Section 8320 a) where a public hearing is set administratively, with all required published legal noticing; and WHEREAS, notice and posting was completed per Street and Highways Code Section 8320 b) where a description and map showing the proposed vacation has been conspicuously displayed at the site. BIB] 39323-U01 2007-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO107551-U03 C6-U03 RESO-U03 8/28/2007-U04 ROBIN-U04 2007 031 CC RESOHÄ—@¸—šJÍ«Resolution 2007-031 Page 2 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public interest, safety, and convenience will be satisfied with the street vacation described in Exhibit A" and shown in Exhibit B" attached hereto and made a part hereof; and SECTION 3. That the City Council of the City of Baldwin Park does hereby elect to proceed under and by virtue of the provisions of Section 8300 et. seq. of the Street and Highways Code of the State of California; and SECTION 4. That this Resolution shall become effective upon verification by the City's Director of Public Works that i) all necessary utility easements have been retained, and ii) an offer to dedicate a five foot strip adjacent to Heintz Street for right- of-way purposes has been made by the property owner; and SECTION 5. That the street vacation requires that all the conditions of approval are satisfied before the land transaction documents are recorded in the Office of the County Recorder, such conditions of approval are shown in Exhibit C" attached hereto and made a part hereof; and SECTION 6. That title to the street vacated under this resolution shall be transferred to the owner of record of the property directly adjacent to the vacated land, such adjacent property is also known as 5020 Heintz Street. SECTION 7. That the City Clerk shall certify to the adoption of the Resolution and shall cause the same as to be published or posted in the manner prescribed by law. APPROVED AND ADOPTED this 6th day of June 2007. BIB] 39323-U01 2007-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO107551-U03 C6-U03 RESO-U03 8/28/2007-U04 ROBIN-U04 2007 031 CC RESOHÄ—@¸—šJÍ«Resolution 2007-031 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2007-031 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 6, 2007 and that the same was adopted by the following vote to wit: AYES: COUNCILMEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia, and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE URA M. NIETO EPUTY CITY CLERK BIB] 39323-U01 2007-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO107551-U03 C6-U03 RESO-U03 8/28/2007-U04 ROBIN-U04 2007 031 CC RESOHÄ—@¸—šJÍ«EXHIBIT"A" VACATION OF EASEMENT THE EASTERLY 30.00 FEET OF LOT 17 AS SHOWN ON MAP OF TRACT NO. 5731, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED IN BOOK 82, PAGE 57, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. IRnnMM9Qa. 2 o WNhu"&r1~~2 as a J nw~ tis Q p Q~ n l~ Q 1S $ V 184 N r f M 8 H v n.r< Le) I r7. I-- oc-•-I rv 6, svF v.,F Jm sewr Oh %A F SO/ SD/ O Ib g a R N 1 f. f- 1- ry W a1 fI JD/ OS AMH MOa2lV BIB] 39323-U01 2007-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO107551-U03 C6-U03 RESO-U03 8/28/2007-U04 ROBIN-U04 2007 031 CC RESOHÄ—@¸—šJÍ«Land nierica Southland Title 7530 North Glenoaks Blvd. Burbank, California 9t504 818.767-2000 EASEMENT PLOT ORDER NO. 16025068 0 ITEM NO. I UTILITIES BOOK D-120 PAGE 562 ITEM NO. 5 FUTURE STREET DECEMBER 29, 1958 #2096 F N z w 2 O U, T m 314.44' LOT 18 TRACT NO. 5731 314.39' 55.00' 30.00' This is neither a plat nor a survey. LandAmerica Southland Title makes no representation nor are we assuring any party as to the exact location of the easements burdening the land shown iereon. This map Is being furnished as a convenience to show the approximate location of said easements only and no liability is assumed by LandAmerica Southland Title by reason of eliance hereon. Should precise location of said easements be required, it is advised that parties contact a licensed surveyor directly. BIB] 39323-U01 2007-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO107551-U03 C6-U03 RESO-U03 8/28/2007-U04 ROBIN-U04 2007 031 CC RESOHÄ—@¸—šJÍ«EXHIBIT C" Conditions of Approval Vacation of a portion of Borel Street between Nubia Street and Cragmont Street V-1-2007 1. The period of 30 days is established from the date the City Council orders the vacation. Such a period shall be used to determine the easements required by utility companies or the City, and such easement shall be provided by owner. 2. A five 5) foot Offer of Dedication to the City of Baldwin Park shall be executed by the property owner and placed on file in the office of the City Engineer. Upon the City exercising the Offer of Dedication, the city may widen the roadway or sidewalk for the public use and benefit. The five 5) foot Offer of Dedication shall be at the property frontage on Heintz Street. BIB] 39323-U01 2007-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO107551-U03 C6-U03 RESO-U03 8/28/2007-U04 ROBIN-U04