HomeMy WebLinkAbout2007 031 CC RESO2007 031 CC RESO HÄ—@¸— š JÍ«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.
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2007 031 CC RESO HÄ—@¸— š JÍ«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.
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2007 031 CC RESO HÄ—@¸— š JÍ«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
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2007 031 CC RESO HÄ—@¸— š JÍ«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.
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2007 031 CC RESO HÄ—@¸— š JÍ«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
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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.
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2007 031 CC RESO HÄ—@¸— š JÍ«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.
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