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Home My WebLink About2010 035 CC RESO2010 035 CC RESOHÄ—@¸— ¹$Í«RESOLUTION NO. 2010-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF MONTEREY AVENUE BETWEEN PALM AVENUE AND LOS ANGELES STREET V-1-2010) PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325 UPON FULFILLING ALL OF THE TERMS AND CONDITIONS HEREIN ESTABLISHED WHEREAS, a request was made by Rey F. Abejar, property owner of 4317 Walnut Street, pursuant to Streets and Highways Code Section 8300 et. seq. to vacate a portion of Monterey Avenue between Palm Avenue and Los Angeles 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 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; and WHEREAS, the City Council declared the intent to vacate a portion of Monterey Avenue between Palm Avenue and Los Angeles Street, with the adoption of Resolution No. 2010-034 on July 21, 2010; and WHEREAS, Resolution No. 2010-034 set a public hearing to consider this vacation for August 4, 2010 and that hearing was continued until August 18, 2010. BIB] 40564-U01 2010-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132201-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 035 CC RESOHÄ—@¸— ¹$Í«Resolution No. 2010-035 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 Irrevocable Offer of Dedication to transfer ownership of a thirty foot strip adjacent to Monterey Avenue for future right-of-way purposes has been provided 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 4317 Walnut 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 18th day of August, 2010. RICARDO PACHECO MAYOR PRO TEM BIB] 40564-U01 2010-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132201-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 035 CC RESOHÄ—@¸— ¹$Í«Resolution No. 2010-035 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2010-035 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 18, 2010, and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, and Mayor Pro Tem Ricardo Pacheco NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: Mayor Manuel Lozano ABSTAIN: COUNCIL MEMBERS: NONE URA M. NIETO, CMC EPUTY CITY CLERK BIB] 40564-U01 2010-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132201-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 035 CC RESOHÄ—@¸— ¹$Í«Resolution No. 2010-035 Page 4 EXHIBIT A LEGAL DESCRIPTION V 2010-001 LOT 7 OF TRACK MAP NO. 11543, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER RECORDED IN MAP BOOK 208- 40 IN THE COUNTY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. COMMENCING AT THE NORHTEAST CORNER OF SAID TRACK NO. 11543, LOT 7; THENCE, SOUTH 89°56'0" WEST AT A DISTANCE OF 305.83 FEET'; THENCE SOUTH 0°4'0" EAST AT A DISTANCE OF 60 FEET; THENCE, NORTH 89°56'0" EAST AT A DISTANCE OF 30 FEET; THENCE, NORTH 0°4'0" WEST TO THE POINT OF BEGINNING. BIB] 40564-U01 2010-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132201-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 035 CC RESOHÄ—@¸— ¹$Í«EXHIBIT B PLOT PLAN V 2010-001 7.1 f-j WALNUT AVENUE BIB] 40564-U01 2010-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132201-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 035 CC RESOHÄ—@¸— ¹$Í«EXHIBIT C CONDITIONS OF APPROVAL V 2010-001 Submit an irrevocable offer of dedication for a thirty foot wide strip of land adjacent to Monterey Avenue for future right-of-way purposes. BIB] 40564-U01 2010-U02 035-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132201-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04