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HomeMy WebLinkAbout1990-06-12 - AGENDA REPORTS - VACATE ALLEY 4TH STREET (2)AGENDA REPORT City Manager Approval Item to be presented b . PUBLIC NEARING John E Medina DATE: June 12, 1990 SUBJECT: VACATION OF A PORTION OF THE ALLEY AT 4th STREET AND SANFER'AND ROAD Resolution Numb r!90-110 DEPARTMENT: Public Works fj1%1 BACKGROUND The Council has decided to consider the vacation of a portion of -the alley at San Fernando Road and 4th Street. When Caltrans made the improvements on San Fernando Road, the alley which originally connected straight into 4th Street was realigned to intersect San Fernando Road at a right angle - see attached map (detail "A"). Consequently there is a portion of right-of-way for the alley which is no longer necessary. This item is to conduct the public hearing for the vacation of a portion of the alley. Resolution No. 90-41 declaring the intention of the City Council to vacate a portion of the alley at 4th Street and San Fernando Road was approved on May 22, 1990 and established June 12, 1990 at 6:30 p.m. as the date and time for a public hearing on this issue. Public notices have been published and posted as required by the Government Code. The utility companies have been notified of the proposed vacation so that they may reserve any utility easements they may require. At.this public hearing, any and all persons interested in or objecting to -the proposed vacation may appear before the City Council to be heard. RECOMMENDATION The City Council conduct the public hearing and approve Resolution No. 90-41 vacating a portion of the alley at 4th Street and San Fernando Road as described and shown on "Exhibit A", and instruct the City Clerk to cause the resolution to be recorded. Resolution No. 90-110 Exhibit A Exhibit B Agenda Item: _ 0 PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision • CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING TO ORDER THE VACATION OF A PORTION OF THE ALLEY AT SAN FERNANDO ROAD AND 4TH STREET IN THE CITY OF SANTA CLARITA PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to order the vacation of a portion of the alley at San Fernando Road and 4th street in the City of Santa Clarita. This .item will be heard by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st floor, the 12th day of June, 1990, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., Suite 301. Dated: May 25, 1990 George A. Caravalho City Clerk Publish Date: 5/29/90 0 0 RESOLUTION NO. 90-110 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, VACATING A PORTION OF THE ALLEY AT SAN FERNANDO ROAD AND 4TH STREET AND RESERVING EASEMENTS FOR PUBLIC SEWER AND UTILITIES IN THE CITY OF SANTA CLARITA WHEREAS, the alley has been realigned and improved during the construction of improvements on San Fernando Road and a portion of the alley is no longer necessary; and WHEREAS, the City Council adopted Resolution No. 90-41 declaring its intention to vacate the alley and establish June 12, 1990 at 6:30 p.m. as the date and time for the public hearing. WHEREAS, notices of public hearing were published and posted as required. WHEREAS, the City will retain an easement for sewer purposes and the utility companies will retain an easement over the portion to be vacated and have no objections to the vacation; NOW, THEREFORE, pursuant to the provisions of the "Street Vacation Act of 1941", being Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the City of Santa Clarita, California, does resolve, declare, determine, and order as follows: Section 1. That it is hereby found and determined that a portion of the alley at 4th Street and San Fernando Road legally described in Exhibit A and as shown by the map in Exhibit B attached hereto and incorporated herein by this reference, which real property is located in the vicinity of the Newhall area in the City of Santa Clarita, in the County of Los Angeles, State of California, is no longer needed for present or prospective use based upon the following facts: That the subject rights-of-way have been superseded by relocation and this vacation does not cut off access to the properties of any persons which prior to such relocation adjoined the highways and does not terminate a public service easement; that the subject rights-of-way are excess rights-of-way not required for street or highway purposes and that the subject rights-of-way are not required for general public access or circulation or for bicycle paths or trails. Section 2. That the public easements in, over, and across said property for street and highway purposeslegally described in Exhibit A attached is vacated pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code, State of California, commencing with Section 8330; reserving and excepting therefrom easements and rights to the City of Santa Clarita for public sewer purposes, Southern California Edison Company for electrical utility purposes, Newhall County Water District for water utility, as set forth in Sections 8340 and 8341 of said Streets and Highways Code. Section 3. That the City Clerk of the City Council be instructed to record the certified original resolution in the office of the Registrar -Recorder of the County .of Los Angeles, at which time the area vacated will no longer be a public alley. 0 The foregoing resolution was on. the day of , 19_, adopted by the City Council of the City of Santa Clarita, and ex officio the governing body of all other special assessment and taxing districts for which said Council so acts. Executive Officer -Clerk of the City Council of the City of Santa Clarita By. Deputy PASSED, APPROVED AND ADOPTED.THIS day of , 19_. ATTEST: City Clerk Mayor I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Santa Clarita, at a.regular meeting therefore, held on the day of , 19_, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS City Clerk EXHIBIT "A" 1] That portion of the alley in Block 42 of the town of Newhall in the City of Santa Clarita, County of Los Angeles, State of California, per map filed in Book 53, pages 21 and 22 of Miscellaneous Records, records of said County, lying between the northeasterly line of San Fernando Road, 80 feet wide as same existed on February 21, 1990 and the southwesterly line of Lots 11 and 12 of said Block 42 as shown on attached Exhibit "B". 0 CITY OF SANTA CLARITA EXHIBIT B VICINITY MAP RIO", mw .. ...a.ra n...:a c. ».., as oras <..� Y i . / •. oo�J�,� F' /i� r'•a.al r0 �y/ W �� e SEE �•�tr �. \ r "' o �� DETAIL r A , BELOW �0„ \ AREA TO \ BE VACATED r DETAIL 'A' AFFIDAVIT OF POSTING IN THE MATTER OF VACATION OF A PORTION OF THE ALLEY AT 4TH STREET AND SAN FERNANDO ROAD IN THE CITY OF SANTA CLARITA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARITA ) James R. Van Winkle, being first duly sworn upon his oath, deposes and says: That he -is and was at all times in this affidavit mentioned, a male citizen of the United States, over the age of twenty—one years; that on the 22nd day of May, 1990, the City Council of the City of Santa Clarita in the matter of the public highway vacation passed a Resolution of Intention to order the vacation of a portion of the alley at 4th Street and San Fernando Road, as more particularly described in said Resolution. That after the adoption of said Resolution of Intention, at the request of and by the direction of the City Clerk of the City of Santa Clarita, he caused to be posted conspicuously along the line of said Vacation, notices of the passage of said Resolution of Intention, headed, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE ALLEY AT SAN FERNANDO ROAD AND 4TH STREET IN THE CITY OF SANTA CLARITA", a copy of said Notice being attached hereto and being made a part hereof; that all of said Notices were.posted less than 300 feet in distance apart from each other and not less than three of said notices were so posted on those portions, of such public highway to be vacated and vicinity thereof. That he completed all work of posting all of said notices of Friday June 1, 1990, whereupon he made this affidavit and filed it with the City Clerk of the City of Santa Clarita, County of Los Angeles. James R. Van Winkle City Engineer City of Santa Clarita subscribed and sworn to before me, the day of 1990.